Pub Date : 2022-12-29DOI: 10.33693/2072-3164-2022-15-7-229-232
Vladimir Barkho
This article is devoted to the consideration of the practical features of the qualification of acts for the commission of which criminal liability occurs if it turns out that they are aimed at non-execution of certain judicial acts. The relevance of the research topic is determined by the fact that the range of human rights is extremely wide, while the state has undertaken to protect them from illegal and unjustified encroachments. In this regard, everyone has the right to apply to the court for the protection of their rights and interests (part 1 of Article 46 of the Constitution of the Russian Federation). Currently, the activities of domestic courts are focused primarily on the correct, timely and full-fledged consideration and resolution of cases arising from the existing legal relations. The purpose of this article, which consists in analyzing the practical features of the qualification of acts under Article 315 of the Criminal Code of the Russian Federation, largely depends on understanding the essence of the correct and timely execution of a court decision. As a general rule, any decision made by the courts on behalf of the Russian is correct, lawful and justified. Nevertheless, the law separately specifies the procedural aspects of making court decisions and establishes requirements regarding their legality and validity. In addition, the practical significance of the topic is confirmed by the importance of resolving competition between general and special rules. Taking into account these aspects, it is important to note that the protection of the rights of persons involved in the case is carried out, including through reasonable and balanced judicial decisions. In other words, non-execution of court decisions violates the basic foundations of the administration of justice in the Russian Federation, therefore, must be punished by law.
{"title":"PRACTICAL FEATURES OF THE QUALIFICATION OF ACTS AIMED AT NON-EXECUTION OF A COURT VERDICT, COURT DECISION OR OTHER JUDICIAL ACT","authors":"Vladimir Barkho","doi":"10.33693/2072-3164-2022-15-7-229-232","DOIUrl":"https://doi.org/10.33693/2072-3164-2022-15-7-229-232","url":null,"abstract":"This article is devoted to the consideration of the practical features of the qualification of acts for the commission of which criminal liability occurs if it turns out that they are aimed at non-execution of certain judicial acts. The relevance of the research topic is determined by the fact that the range of human rights is extremely wide, while the state has undertaken to protect them from illegal and unjustified encroachments. In this regard, everyone has the right to apply to the court for the protection of their rights and interests (part 1 of Article 46 of the Constitution of the Russian Federation). Currently, the activities of domestic courts are focused primarily on the correct, timely and full-fledged consideration and resolution of cases arising from the existing legal relations. The purpose of this article, which consists in analyzing the practical features of the qualification of acts under Article 315 of the Criminal Code of the Russian Federation, largely depends on understanding the essence of the correct and timely execution of a court decision. As a general rule, any decision made by the courts on behalf of the Russian is correct, lawful and justified. Nevertheless, the law separately specifies the procedural aspects of making court decisions and establishes requirements regarding their legality and validity. In addition, the practical significance of the topic is confirmed by the importance of resolving competition between general and special rules. Taking into account these aspects, it is important to note that the protection of the rights of persons involved in the case is carried out, including through reasonable and balanced judicial decisions. In other words, non-execution of court decisions violates the basic foundations of the administration of justice in the Russian Federation, therefore, must be punished by law.","PeriodicalId":446864,"journal":{"name":"Gaps in Russian Legislation","volume":"9 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129403916","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 : 2022-12-29DOI: 10.33693/2072-3164-2022-15-7-064-070
D. Tebayev
The purposes of the research are to identify the problems of the legal status of the President in the system of public authorities and develop proposals for their solution. The article analyzes the development of the theory of separation of powers and the legal status of the head of state, presents different positions on the position of the head of state in the system of public authorities. The results of the research, the author came to the conclusion that the head of state in the Republic of Kazakhstan and the Russian Federation occupies a central position and this does not contradict the principle of separation of powers.
{"title":"THE HIGHEST OFFICIAL OF THE STATE IN THE SYSTEM OF PUBLIC AUTHORITIES","authors":"D. Tebayev","doi":"10.33693/2072-3164-2022-15-7-064-070","DOIUrl":"https://doi.org/10.33693/2072-3164-2022-15-7-064-070","url":null,"abstract":"The purposes of the research are to identify the problems of the legal status of the President in the system of public authorities and develop proposals for their solution. The article analyzes the development of the theory of separation of powers and the legal status of the head of state, presents different positions on the position of the head of state in the system of public authorities. The results of the research, the author came to the conclusion that the head of state in the Republic of Kazakhstan and the Russian Federation occupies a central position and this does not contradict the principle of separation of powers.","PeriodicalId":446864,"journal":{"name":"Gaps in Russian Legislation","volume":"5 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125575147","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 : 2022-12-29DOI: 10.33693/2072-3164-2022-15-7-046-052
I. Rakitskaya, Evgenii Pavlov
The purpose of the research. A parliamentary ombudsman which exists in the constitutional mechanism of many modern states performs two main functions: to exercise control over the legality of the activities of the public administration and to consider individual complaints related to the violation of human rights and freedoms. The office of parliamentary ombudsman for administration (civil ombudsman) was founded in Norway in 1962, ten years after the foundation of the position of the military ombudsman. The present article is devoted to the analysis of the legal status of the Norwegian parliamentary civil ombudsman, the procedure for appointing, the functions and powers of the civil ombudsman, the procedure for considering of the incoming complaints. The authors pay special attention to such element of the status of the parliamentary civil ombudsman as a national preventive mechanism. The article was written on the basis of an analysis of the new Act on the Parliamentary Ombudsman for Control of Administration dd. June 18, 2021, which introduced a number of changes to the status and procedure for exercising powers by the civil ombudsman. The results: The new Act changes the title of the position. Now it is officially referred to as the parliamentary ombudsman for control of the administration. The word "control" which appeared in the title of the position emphasizes the strengthening of the protective function of the Norwegian civil ombudsman, as well as the expansion of his/her powers to supervise the activities of public bodies and officials. The current legislation simultaneously considers the parliamentary civil ombudsman as a national preventive mechanism, which is entitled to issue recommendations in order to improve the treatment and conditions of detention of persons deprived of their liberty, as well as to prevent torture and other cruel, inhuman or degrading treatment or punishment. Despite the rather broad powers of the Norwegian parliamentary civil ombudsman, unlike the parliamentary ombudsmen of some other countries, he/she does not have the legally enshrined right to initiate changes to the current legislation to fill in the gaps or improve it in order to more fully regulate the mechanisms for protecting the human rights and freedoms. The analysis of statistical data indicates a trend towards an increase in the number of applications to the parliamentary civil ombudsman in recent years. This fact shows not only an increase in cases of violations of human rights by the authorities and officials during the COVID-19 pandemic, but also, in general, an increase citizens’ confidence in this national mechanism for protecting fundamental human rights an freedoms. The adoption of the new Act also reflects the desire of the Norwegian members of parliament to improve the model of the civil ombudsman in order to ensure its efficiency.
{"title":"CONSTITUTIONAL AND LEGAL STATUS OF THE PARLIAMENTARY OMBUDSMAN FOR ADMINISTRATION IN NORWAY","authors":"I. Rakitskaya, Evgenii Pavlov","doi":"10.33693/2072-3164-2022-15-7-046-052","DOIUrl":"https://doi.org/10.33693/2072-3164-2022-15-7-046-052","url":null,"abstract":"The purpose of the research. A parliamentary ombudsman which exists in the constitutional mechanism of many modern states performs two main functions: to exercise control over the legality of the activities of the public administration and to consider individual complaints related to the violation of human rights and freedoms. The office of parliamentary ombudsman for administration (civil ombudsman) was founded in Norway in 1962, ten years after the foundation of the position of the military ombudsman. The present article is devoted to the analysis of the legal status of the Norwegian parliamentary civil ombudsman, the procedure for appointing, the functions and powers of the civil ombudsman, the procedure for considering of the incoming complaints. The authors pay special attention to such element of the status of the parliamentary civil ombudsman as a national preventive mechanism. The article was written on the basis of an analysis of the new Act on the Parliamentary Ombudsman for Control of Administration dd. June 18, 2021, which introduced a number of changes to the status and procedure for exercising powers by the civil ombudsman. The results: The new Act changes the title of the position. Now it is officially referred to as the parliamentary ombudsman for control of the administration. The word \"control\" which appeared in the title of the position emphasizes the strengthening of the protective function of the Norwegian civil ombudsman, as well as the expansion of his/her powers to supervise the activities of public bodies and officials. The current legislation simultaneously considers the parliamentary civil ombudsman as a national preventive mechanism, which is entitled to issue recommendations in order to improve the treatment and conditions of detention of persons deprived of their liberty, as well as to prevent torture and other cruel, inhuman or degrading treatment or punishment. Despite the rather broad powers of the Norwegian parliamentary civil ombudsman, unlike the parliamentary ombudsmen of some other countries, he/she does not have the legally enshrined right to initiate changes to the current legislation to fill in the gaps or improve it in order to more fully regulate the mechanisms for protecting the human rights and freedoms. The analysis of statistical data indicates a trend towards an increase in the number of applications to the parliamentary civil ombudsman in recent years. This fact shows not only an increase in cases of violations of human rights by the authorities and officials during the COVID-19 pandemic, but also, in general, an increase citizens’ confidence in this national mechanism for protecting fundamental human rights an freedoms. The adoption of the new Act also reflects the desire of the Norwegian members of parliament to improve the model of the civil ombudsman in order to ensure its efficiency.","PeriodicalId":446864,"journal":{"name":"Gaps in Russian Legislation","volume":"42 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132059337","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 : 2022-12-29DOI: 10.33693/2072-3164-2022-15-7-103-116
Veronica Karyagina
The purpose of the research. The increased concern in the research community to various problems of the mechanism of legal regulation, taking into account the sectoral characteristics has predetermined the need to identify its specificity in relation to the housing sector and to clarify the role of self-regulation as an independent use by participants of law enforcement activities in the field of housing system of private law means of implementation of their housing rights. The article considers the correlation between self-regulation and the most significant elements of the mechanism of legal regulation of housing relations, it also traces the dynamics of their interaction and identifies sector-specific features of self-regulation in relation to the housing sector. The purpose of the study is to identify the specific features of self-regulation in the housing sector and to determine its role in the mechanism of legal regulation of housing relations. Results. The author concludes that the complex nature of the legal regulation of housing relations, which combines elements of both private law and public law regulation, arises from the heterogeneous nature of housing relations themselves. Differentiation of legal regulation of housing relations is based on differences in methods, ways and techniques of legal impact on relations in the housing sector, which ultimately determines the peculiarities of the mechanism of their legal regulation. The central role in the system of civil law legal means of regulating that part of housing relations, which are by their legal nature civil law relations, belongs to such key civil law instruments as civil law contract, legal entity, decisions of meetings. The discretionary nature of civil law regulation of housing relations gives its participants the possibility of choosing their own legal ways and means of satisfying their private interests, and therefore the possibility of self-regulation. Self-regulation in the mechanism of legal regulation of housing relations is the use of legal means directly by the participants of the relations regulated by housing law to structure their own behaviour, independent determination of their rights and duties within the law. Self-regulation in the housing sphere is closely interconnected with such elements of the mechanism of legal regulation of housing relations as norms and legal relations. The normative foundation of self-regulation in the housing sphere is primarily of dispositive norms. The significance of dispositive rules in the regulatory impact of housing law on the housing relations that constitute its subject matter lies in enabling the parties to exercise rights and fulfil duties in accordance with an individual pattern of behaviour agreed upon in the process of self-regulation. The most important legal means by which self-regulation is achieved is the category of «discretion», which gives subjects of housing legal relations the possibility of free choice of the opt
{"title":"SELF-REGULATION IN THE HOUSING LEGAL REGULATION MECHANISM","authors":"Veronica Karyagina","doi":"10.33693/2072-3164-2022-15-7-103-116","DOIUrl":"https://doi.org/10.33693/2072-3164-2022-15-7-103-116","url":null,"abstract":"The purpose of the research. The increased concern in the research community to various problems of the mechanism of legal regulation, taking into account the sectoral characteristics has predetermined the need to identify its specificity in relation to the housing sector and to clarify the role of self-regulation as an independent use by participants of law enforcement activities in the field of housing system of private law means of implementation of their housing rights. The article considers the correlation between self-regulation and the most significant elements of the mechanism of legal regulation of housing relations, it also traces the dynamics of their interaction and identifies sector-specific features of self-regulation in relation to the housing sector. The purpose of the study is to identify the specific features of self-regulation in the housing sector and to determine its role in the mechanism of legal regulation of housing relations. Results. The author concludes that the complex nature of the legal regulation of housing relations, which combines elements of both private law and public law regulation, arises from the heterogeneous nature of housing relations themselves. Differentiation of legal regulation of housing relations is based on differences in methods, ways and techniques of legal impact on relations in the housing sector, which ultimately determines the peculiarities of the mechanism of their legal regulation. The central role in the system of civil law legal means of regulating that part of housing relations, which are by their legal nature civil law relations, belongs to such key civil law instruments as civil law contract, legal entity, decisions of meetings. The discretionary nature of civil law regulation of housing relations gives its participants the possibility of choosing their own legal ways and means of satisfying their private interests, and therefore the possibility of self-regulation. Self-regulation in the mechanism of legal regulation of housing relations is the use of legal means directly by the participants of the relations regulated by housing law to structure their own behaviour, independent determination of their rights and duties within the law. Self-regulation in the housing sphere is closely interconnected with such elements of the mechanism of legal regulation of housing relations as norms and legal relations. The normative foundation of self-regulation in the housing sphere is primarily of dispositive norms. The significance of dispositive rules in the regulatory impact of housing law on the housing relations that constitute its subject matter lies in enabling the parties to exercise rights and fulfil duties in accordance with an individual pattern of behaviour agreed upon in the process of self-regulation. The most important legal means by which self-regulation is achieved is the category of «discretion», which gives subjects of housing legal relations the possibility of free choice of the opt","PeriodicalId":446864,"journal":{"name":"Gaps in Russian Legislation","volume":"40 8 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114293476","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 : 2022-11-25DOI: 10.33693/2072-3164-2022-15-6-160-167
E. Letova
The purpose of the study. In this article, the author examines the features of objects of nature that are protected results of intellectual activity, as well as the features of biomedical cellular products, which, being objects of nature, are not embedded in the system of objects of intellectual property rights. The signs of various objects of nature are analyzed: breeding achievements, strains of microorganisms, biomedical cell products, comparative characteristics of various modes of protection of such objects are carried out. The author comes to the conclusion that it is expedient to develop a unified approach to the legal regulation of all objects of nature, formulate uniform criteria for the protectability of biological objects and form a common legal regime for objects potentially corresponding to the characteristics of a biological object. It is proposed to interpret breeding activity broadly as creative activity aimed at creating new and improving existing plant varieties, animal breeds, strains of microorganisms and biomedical cell products.
{"title":"OBJECTS OF NATURE IN THE SYSTEM OF INTELLECTUAL PROPERTY RIGHTS","authors":"E. Letova","doi":"10.33693/2072-3164-2022-15-6-160-167","DOIUrl":"https://doi.org/10.33693/2072-3164-2022-15-6-160-167","url":null,"abstract":"The purpose of the study. In this article, the author examines the features of objects of nature that are protected results of intellectual activity, as well as the features of biomedical cellular products, which, being objects of nature, are not embedded in the system of objects of intellectual property rights. The signs of various objects of nature are analyzed: breeding achievements, strains of microorganisms, biomedical cell products, comparative characteristics of various modes of protection of such objects are carried out. The author comes to the conclusion that it is expedient to develop a unified approach to the legal regulation of all objects of nature, formulate uniform criteria for the protectability of biological objects and form a common legal regime for objects potentially corresponding to the characteristics of a biological object. It is proposed to interpret breeding activity broadly as creative activity aimed at creating new and improving existing plant varieties, animal breeds, strains of microorganisms and biomedical cell products.","PeriodicalId":446864,"journal":{"name":"Gaps in Russian Legislation","volume":"15 2 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-11-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122478222","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 : 2022-11-25DOI: 10.33693/2072-3164-2022-15-6-275-283
Abdulkadyr MAGOMEDOV
In Russia, there has been a long-standing effort to develop a special law against domestic violence, as well as a debate on the need for such a law. In 2016, such a bill was sent to the State Duma but received negative feedback and was withdrawn. In 2019, work on the adoption of such a law resumed and a draft was developed and posted on the official website of the Federation Council. However, this draft also received a lot of criticism. In this context, the author considered it important to address the issue and conduct an analysis. Objective: Analysis of the draft laws "On prevention of domestic violence in the Russian Federation" 2016 and 2019 in the context of the current legal regulation, international and foreign experience. Results: the author concluded that the existing legal regulation does not adequately address the issue of prevention of domestic violence and does not protect victims of such violence. A large number of measures which could help to solve this problem are absent in the Russian legal system.
{"title":"DOES RUSSIA NEED A DOMESTIC VIOLENCE LAW?","authors":"Abdulkadyr MAGOMEDOV ","doi":"10.33693/2072-3164-2022-15-6-275-283","DOIUrl":"https://doi.org/10.33693/2072-3164-2022-15-6-275-283","url":null,"abstract":"In Russia, there has been a long-standing effort to develop a special law against domestic violence, as well as a debate on the need for such a law. In 2016, such a bill was sent to the State Duma but received negative feedback and was withdrawn. In 2019, work on the adoption of such a law resumed and a draft was developed and posted on the official website of the Federation Council. However, this draft also received a lot of criticism. In this context, the author considered it important to address the issue and conduct an analysis. Objective: Analysis of the draft laws \"On prevention of domestic violence in the Russian Federation\" 2016 and 2019 in the context of the current legal regulation, international and foreign experience. Results: the author concluded that the existing legal regulation does not adequately address the issue of prevention of domestic violence and does not protect victims of such violence. A large number of measures which could help to solve this problem are absent in the Russian legal system.","PeriodicalId":446864,"journal":{"name":"Gaps in Russian Legislation","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-11-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129685787","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 : 2022-09-22DOI: 10.33693/2072-3164-2022-15-5-404-412
Danil S. Ilin
The article presents the results of a study of the problem of overcoming violations of the principle of adversarial parties, in particular, the right of the defense party to present evidence and attach them to the case materials and its provision with criminal procedural means. The right of the defense party to participate in the process of proving equally with the prosecution is ensured by the provisions of the Constitution of the Russian Federation, criminal procedure and criminal legislation, regardless of the stage of procedural activity, as well as the attitude to the proceedings. The right to judicial protection is not only the right to appeal to the court, but also the possibility of obtaining real judicial protection by restoring violated rights and freedoms, which must be provided by the state in accordance with the criteria of efficiency and fairness. The constitutional principles of justice arising from Articles 19 (Parts 1 and 2), 46 (Parts 1 and 2), 47 (Part 1) and 123 (Part 3) of the Constitution of the Russian Federation presuppose both strict adherence to the procedure of criminal proceedings, and the timeliness and effectiveness of protecting the rights and legitimate interests of not only the accused, but also persons suspected of committing a crime. Unfortunately, investigators and interrogators often deny the defense the right to present evidence and attach it to a criminal case, while taking advantage of loopholes in legislation and vague (sometimes too broad) interpretations in the governing acts of judicial interpretation. This leads to the fact that there is no alternative to the prosecution's version and, of course, to a significant violation of the rights of the accused as participants in criminal proceedings. The negative consequences of this may be cases of unjustified accusation and conviction of innocent persons, the occurrence of other grave consequences (for example, the illness of an illegally accused /convicted person, causing property damage during the confiscation of property based on a false accusation, the application of other property sanctions, discrediting and defamation of such a person, etc.). In addition, of course, this practice it causes serious damage to the authority of the court, law enforcement agencies, and the formation of negative public opinion about them. The article analyzes in detail the cases of refusals to submit and attach evidence, examines the "argumentation" given by the staff of the preliminary investigation bodies, judges, and clearly proves its fallacy, using the example of cases that have a great public resonance and the author's personal experience as a lawyer in such cases. Criminal procedural means of countering such violations are being investigated. In conclusion, based on the conducted research, the author formulates a conclusion aimed at overcoming the accusatory bias and violations of the rights of participants in court proceedings in cases with public resonance, improving
{"title":"COUNTERING THE VIOLATION OF THE PRINCIPLE OF ADVERSARIAL PARTIES IN CRIMINAL PROCEEDINGS","authors":"Danil S. Ilin","doi":"10.33693/2072-3164-2022-15-5-404-412","DOIUrl":"https://doi.org/10.33693/2072-3164-2022-15-5-404-412","url":null,"abstract":"The article presents the results of a study of the problem of overcoming violations of the principle of adversarial parties, in particular, the right of the defense party to present evidence and attach them to the case materials and its provision with criminal procedural means. The right of the defense party to participate in the process of proving equally with the prosecution is ensured by the provisions of the Constitution of the Russian Federation, criminal procedure and criminal legislation, regardless of the stage of procedural activity, as well as the attitude to the proceedings. The right to judicial protection is not only the right to appeal to the court, but also the possibility of obtaining real judicial protection by restoring violated rights and freedoms, which must be provided by the state in accordance with the criteria of efficiency and fairness. The constitutional principles of justice arising from Articles 19 (Parts 1 and 2), 46 (Parts 1 and 2), 47 (Part 1) and 123 (Part 3) of the Constitution of the Russian Federation presuppose both strict adherence to the procedure of criminal proceedings, and the timeliness and effectiveness of protecting the rights and legitimate interests of not only the accused, but also persons suspected of committing a crime. Unfortunately, investigators and interrogators often deny the defense the right to present evidence and attach it to a criminal case, while taking advantage of loopholes in legislation and vague (sometimes too broad) interpretations in the governing acts of judicial interpretation. This leads to the fact that there is no alternative to the prosecution's version and, of course, to a significant violation of the rights of the accused as participants in criminal proceedings. The negative consequences of this may be cases of unjustified accusation and conviction of innocent persons, the occurrence of other grave consequences (for example, the illness of an illegally accused /convicted person, causing property damage during the confiscation of property based on a false accusation, the application of other property sanctions, discrediting and defamation of such a person, etc.). In addition, of course, this practice it causes serious damage to the authority of the court, law enforcement agencies, and the formation of negative public opinion about them. The article analyzes in detail the cases of refusals to submit and attach evidence, examines the \"argumentation\" given by the staff of the preliminary investigation bodies, judges, and clearly proves its fallacy, using the example of cases that have a great public resonance and the author's personal experience as a lawyer in such cases. Criminal procedural means of countering such violations are being investigated. In conclusion, based on the conducted research, the author formulates a conclusion aimed at overcoming the accusatory bias and violations of the rights of participants in court proceedings in cases with public resonance, improving","PeriodicalId":446864,"journal":{"name":"Gaps in Russian Legislation","volume":"16 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-09-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122656169","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 : 2022-09-22DOI: 10.33693/2072-3164-2022-15-5-430-436
Elena Papysheva
The penetration of artificial intelligence technologies (hereinafter referred to as AI) into criminal justice naturally entails the modernization of legal systems, with the introduction of "smart courts", "digital prosecutors", as, for example, in China, and the increasing decision-making autonomy of AI. The aim of the study is to study the impact of AI on the fundamental principles of the criminal process. Should the use of AI be “tailored” to existing principles and norms, or should existing principles and norms be modified to accommodate AI? Based on the analysis of the principles with their development in specific norms and situations, it was concluded that the properties of AI that cause negative consequences of its use in criminal proceedings (bias, closeness (opacity), pose potential threats to the implementation of the principles of the criminal process. AI affects the basic constitutional principles and the branch principles of criminal proceedings interconnected with them.The use of AI poses a certain threat for them, entailing a violation of the constitutional rights of a person and a citizen. The purpose of this article is to draw the attention of the scientific community, the legislator, and law enforcers to the problem of dissonance between AI and the principles of criminal justice that has arisen and is growing with the development of AI technologies. In order to avoid negative factors in the use of AI, it is necessary to establish a legal regulatory framework for its use in criminal proceedings, due to the socio-technical nature of AI. Given the priority of human and civil rights, legal norms must be transformed in such a way as to ensure proper protection of the rights of citizens.
{"title":"ARTIFICIAL INTELLIGENCE AND CRIMINAL JUSTICE PRINCIPLES: COMPATIBILITY ISSUES","authors":"Elena Papysheva","doi":"10.33693/2072-3164-2022-15-5-430-436","DOIUrl":"https://doi.org/10.33693/2072-3164-2022-15-5-430-436","url":null,"abstract":"The penetration of artificial intelligence technologies (hereinafter referred to as AI) into criminal justice naturally entails the modernization of legal systems, with the introduction of \"smart courts\", \"digital prosecutors\", as, for example, in China, and the increasing decision-making autonomy of AI. The aim of the study is to study the impact of AI on the fundamental principles of the criminal process. Should the use of AI be “tailored” to existing principles and norms, or should existing principles and norms be modified to accommodate AI? Based on the analysis of the principles with their development in specific norms and situations, it was concluded that the properties of AI that cause negative consequences of its use in criminal proceedings (bias, closeness (opacity), pose potential threats to the implementation of the principles of the criminal process. AI affects the basic constitutional principles and the branch principles of criminal proceedings interconnected with them.The use of AI poses a certain threat for them, entailing a violation of the constitutional rights of a person and a citizen. The purpose of this article is to draw the attention of the scientific community, the legislator, and law enforcers to the problem of dissonance between AI and the principles of criminal justice that has arisen and is growing with the development of AI technologies. In order to avoid negative factors in the use of AI, it is necessary to establish a legal regulatory framework for its use in criminal proceedings, due to the socio-technical nature of AI. Given the priority of human and civil rights, legal norms must be transformed in such a way as to ensure proper protection of the rights of citizens.","PeriodicalId":446864,"journal":{"name":"Gaps in Russian Legislation","volume":"169 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-09-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123256002","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 : 2022-09-22DOI: 10.33693/2072-3164-2022-15-5-253-259
Dustrik Markosian
Purpose of the study. The article deals with the legal support of the healthcare function in the Russian Federation. Currently, the existing social conditions for the life and health of citizens also imply the need to improve the legal regulation of existing medical institutions and organizations. This is especially noticeable in the current economic environment. However, this predetermines the need for a systematic study and analysis of the legal regulation of public health. Currently, the number of studies on the problem of ensuring the right of citizens to medical care is insignificant. This is due to the current established legal mechanisms at the federal and regional levels, as well as the processes of implementing this mechanism. The research methods were analysis, synthesis, empirical methods, comparison. The scientific novelty lies in the presented measures to improve the efficiency of the legal mechanism for ensuring the health care function in the Russian Federation, as well as in the developed priority areas of development. Conclusions: the provision of services for free medical care depends on the direct composition of this care, its dynamic elements, while the statistical elements remain unchanged. Compliance with all the principles of providing medical care is the main condition for further reforming the health care system of the Russian Federation. We believe that compliance with the above provisions is a necessary condition for further reform and improvement of the existing free healthcare system.
{"title":"TO THE QUESTION OF THE LEGAL MECHANISM FOR ENSURING THE FUNCTION OF HEALTHCARE IN THE RUSSIAN FEDERATION","authors":"Dustrik Markosian","doi":"10.33693/2072-3164-2022-15-5-253-259","DOIUrl":"https://doi.org/10.33693/2072-3164-2022-15-5-253-259","url":null,"abstract":"Purpose of the study. The article deals with the legal support of the healthcare function in the Russian Federation. Currently, the existing social conditions for the life and health of citizens also imply the need to improve the legal regulation of existing medical institutions and organizations. This is especially noticeable in the current economic environment. However, this predetermines the need for a systematic study and analysis of the legal regulation of public health. Currently, the number of studies on the problem of ensuring the right of citizens to medical care is insignificant. This is due to the current established legal mechanisms at the federal and regional levels, as well as the processes of implementing this mechanism. The research methods were analysis, synthesis, empirical methods, comparison. The scientific novelty lies in the presented measures to improve the efficiency of the legal mechanism for ensuring the health care function in the Russian Federation, as well as in the developed priority areas of development. Conclusions: the provision of services for free medical care depends on the direct composition of this care, its dynamic elements, while the statistical elements remain unchanged. Compliance with all the principles of providing medical care is the main condition for further reforming the health care system of the Russian Federation. We believe that compliance with the above provisions is a necessary condition for further reform and improvement of the existing free healthcare system.","PeriodicalId":446864,"journal":{"name":"Gaps in Russian Legislation","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-09-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130059942","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 : 2022-07-28DOI: 10.33693/2072-3164-2022-15-4-284-292
A. Zelentsov, V. Gatsolati
Civil society is currently the guarantor of the sustainable development of the rule of law and the source of positive transformations in various spheres of society. The growing interest in the category of "civil society" in modern jurisprudence has actualized the task of building a holistic concept of civil society. The article discusses the main conceptual approaches to understanding civil society in modern jurisprudence and determining its relationship with the state. An analysis is made of the characteristics identified by Russian and foreign researchers as the hallmarks of civil society. The models of interaction between the state and civil society, distinguished in domestic and foreign jurisprudence, are considered. The forms of interaction between the state and civil society are considered, their classification is carried out. Based on the results of the study, a conclusion was formulated on the expediency of using the concept of civil society organizations as the basic concept of civil society in modern legal science.
{"title":"CONCEPTUAL APPROACHES TO UNDERSTANDING CIVIL SOCIETY IN MODERN LAW","authors":"A. Zelentsov, V. Gatsolati","doi":"10.33693/2072-3164-2022-15-4-284-292","DOIUrl":"https://doi.org/10.33693/2072-3164-2022-15-4-284-292","url":null,"abstract":"Civil society is currently the guarantor of the sustainable development of the rule of law and the source of positive transformations in various spheres of society. The growing interest in the category of \"civil society\" in modern jurisprudence has actualized the task of building a holistic concept of civil society. The article discusses the main conceptual approaches to understanding civil society in modern jurisprudence and determining its relationship with the state. An analysis is made of the characteristics identified by Russian and foreign researchers as the hallmarks of civil society. The models of interaction between the state and civil society, distinguished in domestic and foreign jurisprudence, are considered. The forms of interaction between the state and civil society are considered, their classification is carried out. Based on the results of the study, a conclusion was formulated on the expediency of using the concept of civil society organizations as the basic concept of civil society in modern legal science.","PeriodicalId":446864,"journal":{"name":"Gaps in Russian Legislation","volume":"28 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-07-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114784237","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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