卷 15, 编号 6 (2022)

The article examines the general trends in the development of criminal legislation of the era of Peter I (1682-1725), which was distinguished by numerous transformations in public administration, economics and military affairs. The author emphasizes that Peter I was an outstanding reformer not only in the field of general transformations, but also in the creation of new legislation, skillfully using it in the interests of his constructive activity. On issues of criminal and military criminal law, Peter I issued a huge number of decrees, orders, instructions, regulations and, in addition, two special codes - the Military Charter of 1716 and the Naval Charter of 1720. The author reviews the state-legal views of corresponding member of the USSR Academy of Sciences Professor P.S. Romashkin on the problems of the development of criminal legislation during the period under review.

Study objective. The article analyzes the mechanism of mass repressions that took place on the territory of the Mordovia Soviet Republic in 1937-1938, revealing the role of the local NKVD division (The People's Commissariat for Internal Affairs) in implementing the repressive policy of the Communist Party of Soviet Union (Bolsheviks) in the second half of the 1930s, as well as the activities of the non-judicial body "troika" under the People's Commissariat for Internal Affairs of the Mordovia Soviet for the elimination of anti-Soviet residents. Based on the documents and materials of the central and regional state archives, archives of the Prosecutor's Office of the Republic of Moldova and the Federal Security Service of the Russian Federation for the Republic of Moldova, the author attempts to define the concept of "mass repressions" in relation to the specified period, the political and social orientation of mass repressions, the number of repressed citizens and irreparable losses among the population of the republic in the years of the Great Terror. Conclusion. The bodies of the NKVD of the Mordovia Soviet Republic, being an important element of the system of state administration and officially ensuring state and public security, protecting the rights and freedoms of Soviet citizens from criminal activity, in the period 1937-1938 performed functions unusual for these bodies, carrying out mass illegal arrests and extrajudicial repressions. The activities of the troika under the NKVD of the Mordovia Soviet Republic had tragic consequences for many residents of the republic and were unconstitutional and illegal.

Purpose of the study. The article examines the question of the nature of the relationship between legal facts and the legal consequences arising on their basis, the most important of which are the emergence, change and termination of legal relations. Identification of the nature of such a connection is an important factor in the correct understanding of the mechanism of action of law. Results. The interaction of a legal fact and the legal consequences caused by it cannot be attributed to a causal relationship. From the point of view of legal positivism, the position of those scientists who connect the original source of the emergence of legal relations with the will of the state represented by its law-making bodies is correct. This is a special nature of the connection, which can conditionally be called tetic.

The purpose of the research. The article is devoted to the referendum and its legal significance in the constitutional development of the Russian Federation. Approaches to the definition of a referendum are presented. The problems in the definition of a referendum are determined, the author's concept of the category "referendum" is given. The problems and significance of the implementation of the referendum in the Russian Federation are highlighted. The types of referendums in the Russian Federation are analyzed. Federal, regional and municipal referendums are characterized. The significance of referendums with the question of joining the Russian Federation is considered. The purpose of the study is to study the concept of a referendum, the problems and the significance of the implementation of a referendum in the Russian Federation. The article uses dialectical, historical, formal-legal, logical, comparative-legal and other methods of cognition. Results. For today's constitutional development of Russia, the referendum is one of the most important opportunities where people can express their attitude on the most important issues of public life. The basis for holding a referendum in Russia is the realization of the constitutional right of citizens to participate in a referendum. In the modern constitutional development of Russia, a referendum should become one of the main forms of citizens' participation in the management of state affairs. The 1993 Constitution of Russia, as amended in 2020, defines a two-tier system of public power (state and municipal). The referendum has not yet found proper implementation at the levels of federal and regional state authorities, as well as at the level of municipal authorities.

The purpose of the research. Parliamentary control is a mechanism for ensuring the transparency of the activities of the state executive body, as well as other bodies, institutions, officials, promoting the development of democratic institutions in the state. This article describes such forms of parliamentary control as the control activities of permanent and special parliamentary committees and commissions, parliamentary control in the financial sphere, and parliamentary inquiries. A comparative legal analysis of the above mentioned forms of parliamentary control allows to identify the most effective control mechanisms of modern parliaments and to provide recommendations for improving legislation in the corresponding sphere. The relevance of the problem raised in this article is explained by the need of further evolution of the institution of parliamentary control as one of the most important elements of parliamentarism, improvement of the practice of parliamentary control over the activities, primarily of the executive branch, and increase its effectiveness. The results. Nowadays, the existence of a democratic system is not possible without legal mechanisms that ensure transparency and accountability of the government, other state bodies and officials. One of the significant mechanisms of this kind is in the hands of a representative legislative body - parliament. Parliamentary control is one of the most important functions of modern parliaments. The significance of this function, the effectiveness of its implementation depend on the form of government, the state regime, however, in one form or another, parliamentary control exists in almost all modern states. The most common control mechanisms of modern parliaments include: control activities of parliamentary committees and commissions, whose role in the realization of control powers has recently been increasing; financial parliamentary control, implemented through the consideration by the parliament of reports on the execution of the state budget, the approval of the main financial law, as well as the activities of quasi-parliamentary structures (audit departments, audit chambers, parliamentary auditors, etc.); deputy inquiries, in particular interpellations, which concern the most important issues and restrict the government and its members from taking decisions that are improper from the point of view of the members of the representative body.

The article examines the issues of complex administrative and legal regimes, which are understood as regulated by law and having a normative nature in relation to public administration structures, the procedure for carrying out activities common to a certain set or for all state bodies, which is subject to specification in the process of its application. The purpose of the present study is to consider the issues that arise in this area regarding complex administrative and legal regimes, which are a special kind of administrative and legal regimes, which are characterized by normativity in determining the components of the public administration system that implements the regime and the fundamental consolidation of the main components that make up the regime of activity itself. At the same time, complex administrative and legal regimes are characterized by an emphasis on the mode of activity itself, in accordance with which the management system is built. And if we take into account the normative nature of complex regimes in relation to specific structures of state administration, then it remains to be recognized that, from the point of view of their target orientation, these regimes are aimed at order and order as such. Based on the study, the authors come to the conclusion that a complex administrative-legal regime is a special procedure for carrying out activities common to a number or the entire set of state bodies. The very fact of the generality of this order and its expression in the form of an administrative-legal regime implies a detailed legal regulation of complex administrative-legal regimes. At the same time, a constant increase in the level of regulatory legal acts underlying the respective regimes should be considered as a single trend. The foregoing allows us to conclude that in recent years, complex administrative and legal regimes have increasingly become the object of legislative activity, and their foundations are enshrined in federal laws and laws of the subjects of the federation.

The article considers the importance of financial control in the expenditure of budgetary funds, including in the implementation of procurement activities. The article also discusses legal problems related to terminology and concepts specified in the financial legislation of the Russian Federation, in particular, Article six of the Budget Code of the Russian Federation, which regulates the definition of the concepts of subjects - recipients of budget funds, is analyzed. Further, an analysis is carried out of how this article correlates with other norms of budget legislation, as well as with legislation regulating procurement activities and financial control. In addition, a systematic approach was applied to the analysis of financial control during the implementation of procurement activities. As a result of analytical actions, legal problems have been identified that adversely affect the implementation of procurement activities. The ways of solving the identified legal problems in the implementation of procurement activities are proposed. In particular, it should be supplemented with norms containing the procedure for conducting financial control. At the end of the article, the conclusions reached during the study are indicated.

The purpose of the research. The study is devoted to the study and analysis of civil procedural reforms carried out in different years in Costa Rica. The reform contributed to the introduction of a model of modern e-government, through the use of information and communication technologies in the judicial process. Results. As a result of a long civil procedural reform aimed at improving civil justice, new legal institutions and forms of civil proceedings have emerged. Conclusions are drawn about significant changes that led to a change in the usual and established paradigm.

The article analyzes the legal grounds for invalidating the contract of assignment of the right of claim and the application of the consequences of the invalidity of the transaction in the case of recognition of an insolvent credit institution. The legal proceedings in these cases within the framework of a separate dispute, as a rule, consist in the individuality of each situation and a broad interpretation in terms of the qualification of the claimed claim. This article highlights certain postulates that are used by courts in law enforcement practice and considers separate isolated disputes on the invalidation of the assignment of rights of claims. As a result of the analysis of judicial practice, problems in law enforcement practice are formulated, conclusions are drawn about the need to make additions to regulatory documents, on the basis of which specific proposals are formulated.

In the article the author considers the concept and features of the brand name. In connection with the consolidation of the possibility of using model charters by limited liability companies, the author proposed changes to Article 1473 of the Civil Code of the Russian Federation. Particular attention is paid to the prohibition of including foreign borrowings in Russian transcription in the company name, which are terms and abbreviations that reflect the organizational and legal form of a legal entity, judicial practice on this issue is analyzed. The article deals with the issue of the use of symbols in the corporate name, the simultaneous use of letters of different alphabets in the name of the organization.

The article is devoted to the phenomenon of a blockchain depository, which contributes to an effective solution to the problem of ensuring the authenticity and legality of electronic evidence, as well as increasing the availability of a judicial form of protection of rights. The authors define the concept of a blockchain depository, reveal the models and features of the application, as well as the requirements and criteria for verifying evidence. The paper studies the legislation, doctrinal sources, opinions of judges in the PRC, devoted to this issue.

The reason for writing this article was the Draft federal law prepared by the Ministry of Justice of Russia in pursuance of point 9 of the List of Orders of the President of Russia following the results of the XXV St. Petersburg International Economic Forum of July 20, 2022, aimed at liberalizing and humanizing criminal legislation on liability for economic crimes, including crimes in the field of entrepreneurship and crimes related to the implementation of entrepreneurial activities. The main purpose of the corresponding order of the President of the country to the Government and the Supreme Court of the Russian Federation was to ensure the introduction of such changes into the federal legislation that would allow fully or partially (taking into account the level of real inflation in the country's economy) to decriminalize those crimes in the field of entrepreneurial activity (including acts related to the implementation of entrepreneurial activities without registration, license or accreditation), for the commission of which punishment in the form of imprisonment is not provided or applied. At the same time, the task of ensuring the priority of electing entrepreneurs suspected and accused of committing crimes of an economic nature (including members of the management bodies of commercial organizations) of such preventive measures that would allow them to continue to carry out entrepreneurial activities until their cancellation or sentencing had to be solved. The article presents the results of a critical analysis of the relevant bill, which allowed the author to conclude that this bill does not adequately meet the "letter" and "spirit" of the instructions of the President of Russia and does not allow achieving the above goals. The author proposes specific measures to eliminate the key shortcomings of the bill, including a significant expansion of the list of crimes of an economic nature, to which the provisions of Part 2 of Art. 761 of the Criminal Code of the Russian Federation, the conditions for exemption from criminal liability in connection with compensation for damage. The author also justifies the need to abandon some of the novelties of the Criminal Code proposed by the Ministry of Justice of the Russian Federation, which may reduce the level of criminal law protection of rights to immovable property.

Judicial legal positions in criminal proceedings have repeatedly been the subject of scientific research in the doctrine, theoretical and practical aspects and forms of their implementation in the process of law enforcement have been analyzed. In the theory of criminal law, judicial legal positions are traditionally considered as the conclusions of the court regarding the problem under consideration, based on an objective comprehensive study of the materials of the criminal case, expressed in the final decision of the court of general jurisdiction. This article notes that the formation of judicial legal positions in criminal proceedings is significantly influenced by the legal positions of the highest judicial authorities, including international courts, as well as the rule of prejudice and the internal discretion of the judge. The article provides arguments justifying the need to consolidate the right of the court when forming a legal position on a specific criminal case not to take into account prejudicial facts, but to conduct an additional verification of circumstances that raise doubts about their reliability, established by a judicial act that has entered into legal force, along with other facts to be proved. The article formulates the conclusion that the formation of a judicial legal position in a particular criminal case is carried out on the basis of the law, the inner conviction of the judge, taking into account the actual circumstances of the case, using the legal positions formulated by the highest judicial instances.

The purpose of the study. The purpose of this article is the author's desire, through an excursion into the history of the Russian advocacy and an analysis of the current legislation of the Russian Federation, to determine the ways of its interaction with the state in the context of maintaining the independence of the professional community of advocates and the impact of this interaction on strengthening the rule of law. Conclusions. In accordance with this goal, the author of the article concludes that the state has determined the special status of the Russian advocacy as one of the most significant institutions of civil society, recognizing the state significance of the functions performed by this institution - the function of professional control over the state on behalf of civil society and the function of professional protection of individual rights and freedoms, that the goals and objectives of the advocacy they are conditioned by the interests of civil society as a whole, as well as by the private interests of citizens and legal entities (principals). According to the author, the legal profession has never left indifferent representatives of the state authorities at various historical stages, who throughout the period before the Judicial Reform of 1864 and in the first years after the Great October Socialist Revolution sought to completely eradicate the lawyer corporation as unnecessary. The Soviet advocacy, which was subsequently created, was heavily dependent on party and state structures and had to fulfill the task of helping to strengthen the rule of law and the administration of justice. The article emphasizes that the advocacy has achieved the greatest independence in its entire history in the last 20 years, that assistance in strengthening the rule of law cannot be an immediate task of the modern Russian advocacy, since a lawyer, first of all, protects the private interest of his principal, for which he is obliged to defend his rights and legitimate interests, using all not prohibited by law means that the state itself is interested in the quality of legal assistance provided to citizens and organizations, that active, constructive interaction of the Institute of advocacy with the state has a positive effect on strengthening the rule of law, ensuring sustainable law and order in the Russian Federation. According to the author of the article, state control in the field of advocacy, despite the fact that it does not correlate with the principle of independence of this professional community, at the present stage is a necessary condition for its functioning as an institution of civil society, guaranteed by the state itself, that excessive freedom of advocacy may affect the quality of legal assistance provided by lawyers to clients, entail bureaucratization within the lawyer corporation itself and lead to violation of the rights of the lawyers themselves. At the same time, the regulation of the control and supervisory powers of the judicial authorities excludes their interference in the activities of the advocacy and diminishing its independence.

The purpose of the study is to analyze the correlation of criminal prosecution and prosecution as a function of the activity of the body of inquiry, inquirer, investigator; to determine the content of these types of activities and their significance in the construction of an adversarial model of criminal proceedings. The authors identify the forms of criminal prosecution depending on the establishment of the possibility of criminal prosecution, the specific person who committed the crime, the specifics of the proceedings in a separate category of criminal cases. The result of the study is the definition of prosecution as one of the forms of criminal prosecution, which allows the parties to fully carry out the main functions of criminal proceedings.

Purpose of the study. The article deals with the problems of legal regulation of such an act of prosecutorial response as a requirement to eliminate violations of federal law committed when receiving, registering and resolving reports. The problems of the act of the prosecutor's response under consideration are due to the lack of a legislative mechanism for considering the prosecutor's demand in terms of determining the circle of subjects entitled to make demands, the circle of subjects in respect of which demands should be made, as well as the timing of consideration of the prosecutor's demand by the head of the body of inquiry, the head of the inquiry unit. Сonclusions. The author proposes to eliminate the shortcomings of legal regulation by fixing the concept, content, procedure, terms of consideration of the requirements of the prosecutor in a special article of the Federal Law «On the Prosecutor's Office of the Russian Federation» and in the norms of the Code of Criminal Procedure of the Russian Federation.

Place and role of the community services in the system of the criminal punishments of the Republic of Kazakhstan, also measures rising effective of this type of punishment are considered in the article. Realizing excursus in history of coming into being and development this punishment. Distinctions of the community services by active legislation of Kazakhstan and legal consequences, the evasion from community services, also conditions of the replace this punishment are analysed.. Circle of persons, to who can not apply community services are marked in the article, defined category persons to who may be apply deferral of fulfillment of this punishment. Pay attention of possible assignment of the community services to military serviceman. Moreover, lack of positions of the Criminal Code of the Republic of Kazakhstan dated 3 July 2014 that regulating community services are considered in the article, more specifically, absence of taking into account of interest of persons, who has permanently job or learning in the period of the serving punishment. Comparison of the legal regulating community services by legislation of Kazakhstan and international legal regulating on bases of conventions that which member is the Republic of Kazakhstan is carried out. Author is pay attention to experience of the foreign states by resolution of some problems is considered in the article. Amendments to criminal legislation of the Republic of Kazakhstan with the object of further to improve it in a part of application of the community services are suggested.

Creating conditions for ensuring the accessibility of justice is not only one of the tasks of legal proceedings in courts of general jurisdiction and arbitration courts, it is an important strategic direction in the development of the justice system as a whole. The expansion of e-justice, carried out, among other things, through the filing of electronic documents with the court, familiarization with the case materials, consideration of the case by a judge remotely, familiarization of the parties with the results of such consideration through electronic platforms contribute to ensuring the accessibility of justice. The article discusses the main stages in the development of the Russian justice system in the context of digital transformation, the use of electronic technologies and the main results of the work of courts in the context of a pandemic in the Russian Federation and foreign countries, the prospects for electronic justice are identified, the risks and problems of using digital technologies in the justice system are identified, as well as ways to minimize them.

The purpose of the study. The paper analyzes the significance of procedural deadlines, defines the criteria for their differentiation, as well as the fundamental aspects of their definition in the procedural context of the inquiry in an abbreviated form. The problems of law enforcement practice at the pre-trial and judicial stages of criminal proceedings are investigated due to the inaccuracy of determining the time limits of the inquiry in an abbreviated form. Conclusions. The author identified promising areas of improvement and proposed an appropriate reform model aimed at optimizing time resources and increasing the temporary effectiveness of the procedure, in order to comply with uniform law enforcement practice in the production of an inquiry in an abbreviated form.

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.

The presented research material analyzes the organizational and legal features and the first two stages, within which the European Communities (EС) implemented measures to obtain membership status in the World Customs Organization (WCO). A task. To systematize and analyze legal and organizational features, as well as activities aimed at obtaining rights and obligations akin to those enjoyed by the WCO members for the EU in the period from 2001 to 2002. Conclusions. The research article is devoted to the issues of the legal status of the EU in the WCO and the use of the EU precedent for the implementation of the Strategic Directions for the Development of Eurasian Economic Integration until 2025 (Strategic Directions) in terms of joint actions with Member States aimed at obtaining the Union's membership status in the WCO. The subject of the study is the stages, activities, organizational and legal instruments and consequences of EU membership in the WCO. The performed analysis of stages and legal and organizational features of obtaining EU membership in the WCO can be used to develop conceptual approaches for the Eurasian Economic Union (EEU) to obtain the WCO membership status in the course of implementing the Strategic Directions. Social Consequences. Conducting a study of the legal status of customs and economic unions in the WCO is associated with the implementation of paragraph 11.7.5. of Strategic Directions in terms of cooperation with this international organization. Practical value. The results of the study are of interest to the customs cooperation block of the Eurasian Economic Commission (EEC) and can be used by specialists from customs and other executive authorities in the EEU member states, EEC experts to organize and implement mutually beneficial customs cooperation between the EEC and the WCO. The article is recommended to researchers, teachers, students, graduate students and other categories of students in the Russian Customs Academy, in other universities and the WCO regional training centers in the specialties «Customs» and «Jurisprudence». Originality/value. The research material is based on an analysis of the practical aspects of the activities of the EU, the WCO and is the result of a comprehensive study of the issue of the legal and organizational basis for obtaining the WCO member status by economic and customs unions.

The purpose and objectives of writing the article is research of gaps in modern international legal regulation, consideration of groups of gaps: gaps of a theoretical and doctrinal nature, gaps in international legal regulation of relations in two separate spheres - legal regimes of spaces and territories, and new groups of relations emerging as a result of the dynamic development of scientific and technological progress in the XXI century. Methodological approach. The work uses general scientific methods, in particular analysis and comparison, as well as methods of legal interpretation. Results and conclusions. The article examines the problems in modern international law, identifies several groups of gaps, depending on the various grounds for their classification. The originality and value of the work lies in the identification of gaps in international law, consideration of the most problematic areas in modern international law in the aspect of the study of gaps in international law.