Russian-Asian Legal Journal最新文献_第10页

CRIMINAL LAW PROTECTION OF RELATIONS ARISING IN CONNECTION WITH INSOLVENCY (BANKRUPTCY) IN THE EURASIAN ECONOMIC UNION: COMPARATIVE LEGAL RESEARCH 欧亚经济联盟中与破产有关的关系的刑法保护:比较法学研究

Russian-Asian Legal Journal Pub Date : 2021-12-28 DOI: 10.14258/ralj(2021)4.9

A. Korennaya

{"title":"CRIMINAL LAW PROTECTION OF RELATIONS ARISING IN CONNECTION WITH INSOLVENCY (BANKRUPTCY) IN THE EURASIAN ECONOMIC UNION: COMPARATIVE LEGAL RESEARCH","authors":"A. Korennaya","doi":"10.14258/ralj(2021)4.9","DOIUrl":"https://doi.org/10.14258/ralj(2021)4.9","url":null,"abstract":"The Treaty on the Eurasian Economic Union (EAEU) was signed on May 29, 2014 in Astana by thePresidents of Russia, Belarus and Kazakhstan. It came into force on January 1, 2015. Currently, the fivemember States of the Eurasian Economic Union, in addition to ensuring the freedom of movement ofgoods, services, capital and labor, have set the goal of conducting a coordinated, coordinated or unified policy in economic sectors. Insolvency, being an objective economic phenomenon characterized by an acuteconflict of interests of participants, needs an effective system of protection, including criminal law. In thispaper, the author analyzes the current criminal law norms on liability for crimes in the field of insolvency(bankruptcy) in Russia, Kazakhstan, Belarus, Armenia and Kyrgyzstan. On the basis of the general historicaland theoretical development of criminal legislation in the post-Soviet space, reflected in the Model CriminalCode of the CIS member states, the author highlights the features of criminal law norms formed during theperiod of independent lawmaking of all states. Based on the conducted research, the author comes to theconclusion that the possibilities of unification of criminal legislation on liability for crimes in the field of nonproperty (bankruptcy) for the Union states have not been lost. Such integration should become one of thepriority areas for improving criminal legislation.","PeriodicalId":236822,"journal":{"name":"Russian-Asian Legal Journal","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130627888","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}

引用次数: 0

PROSPECTS FOR INTERNATIONAL SCIENTIFIC AND SCIENTIFIC-TECHNICAL COOPERATION IN THE CONTEXT OF THE NEW TECHNOLOGICAL REALITY 在新的技术现实背景下国际科学和科学技术合作的前景

Russian-Asian Legal Journal Pub Date : 2021-12-28 DOI: 10.14258/ralj(2021)4.12

А. Vasiliev, Дариуш Шпопер, Y. Pechatnova

引用次数: 0

ELECTRONIC DATABASES AS A SOURCE OF OBTAINING DATA FOR THE CIRCUMSTANCES TO BE PROVEN IN A CRIMINAL CASE 为刑事案件中有待证明的情况获取数据的电子数据库

Russian-Asian Legal Journal Pub Date : 2021-12-28 DOI: 10.14258/ralj(2021)4.8

A. Safronov

{"title":"ELECTRONIC DATABASES AS A SOURCE OF OBTAINING DATA FOR THE CIRCUMSTANCES TO BE PROVEN IN A CRIMINAL CASE","authors":"A. Safronov","doi":"10.14258/ralj(2021)4.8","DOIUrl":"https://doi.org/10.14258/ralj(2021)4.8","url":null,"abstract":"The article provides an analysis of the sources of obtaining evidentiary and other information necessaryfor the investigation body, the prosecutor (state prosecutor) and the court to implement the provisions on theconfiscation of property under Art. 104.1 of the Criminal Code of the Russian Federation. With examples fromthe judicial practice of the federal court and the positions of the Supreme Court of the Russian Federation,set out in the Resolution of the Plenum, the issue of obtaining information from electronic databases aboutthe property status of a participant in criminal proceedings is considered. The possibilities of GAS “Justice” ofPI “Judicial record-keeping” on the issues under consideration are revealed. The conclusion is substantiatedthat the conclusion that electronic databases can and should be used as a source of obtaining data for thecircumstances to be proved in a criminal case. Taking into account the provisions of Articles 73 and 74 of theCriminal Procedure Code of the Russian Federation, the place and type of information received, using theseelectronic databases, in the evidence system in a criminal case, is determined. The conclusion is substantiatedthat the list of compositions (articles) of the Criminal Code of the Russian Federation, according to which itis possible to apply confiscation by a conviction of a court, is practically unlimited, and, to be more precise,is limited only to the list of articles of the Special Part of the said code.","PeriodicalId":236822,"journal":{"name":"Russian-Asian Legal Journal","volume":"415 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126699850","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}

引用次数: 0

QUALIFICATION OF CONTESTED FAMILY LEGAL ACTIONS IN THE BANKRUPTCY CASE OF A CITIZEN 公民破产案件中有争议的家庭诉讼资格

Russian-Asian Legal Journal Pub Date : 2021-12-28 DOI: 10.14258/ralj(2021)4.7

A. S. Salimov, S. Voronina

引用次数: 0

INVESTIGATIVE SITUATIONS OF INTERROGATION OF A VIOLENT CRIMINAL DEFENDANT 暴力刑事被告人讯问的侦查情形

Russian-Asian Legal Journal Pub Date : 2021-12-27 DOI: 10.14258/ralj(2021)4.2

O. Bespechniy, M. Neymark

{"title":"INVESTIGATIVE SITUATIONS OF INTERROGATION OF A VIOLENT CRIMINAL DEFENDANT","authors":"O. Bespechniy, M. Neymark","doi":"10.14258/ralj(2021)4.2","DOIUrl":"https://doi.org/10.14258/ralj(2021)4.2","url":null,"abstract":"The article examines the problems of the tactics of interrogating the defendant when the court considerscriminal cases of violent crimes against the person. The urgency of such a study is substantiated. Theimportance of the interrogation of the defendant in the establishment by the court of the circumstances ofthe criminal event in question is noted. Typical situations of judicial investigation are determined, dependingon the position of the defendant. The differences of such situations from investigative situations emerging atthe stage of preliminary investigation are revealed. The features of investigative situations of interrogation ofthe defendant, their significance for the construction of the tactics of the judicial investigation are considered.The peculiarities of the formation of the testimony of the defendant during the judicial examination ofcriminal cases of violent crimes, the factors influencing their formation are revealed. Highlighted the typicalversions put forward by the defense when the court is considering criminal cases of violent crimes. Tacticalrecommendations for organizing the interrogation of the defendant are formulated, the circumstancesthat require clarification during interrogation are indicated, tactical techniques that can be used by theprosecution to ensure the effectiveness of the interrogation are determined.","PeriodicalId":236822,"journal":{"name":"Russian-Asian Legal Journal","volume":"34 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122614701","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}

引用次数: 0

THE CONCEPT OF THE POWERS OF THE PROSECUTOR IN THE EXERCISE OF PROSECUTORIAL SUPERVISION OF THE CRIMINAL PROCEDURAL ACTIVITIES OF THE BODIES OF INQUIRY 检察官在行使检察监督调查机构的刑事诉讼活动的权力的概念

Russian-Asian Legal Journal Pub Date : 2021-12-27 DOI: 10.14258/ralj(2021)4.4

D. Emelyanova, K. Sinkin

{"title":"THE CONCEPT OF THE POWERS OF THE PROSECUTOR IN THE EXERCISE OF PROSECUTORIAL SUPERVISION OF THE CRIMINAL PROCEDURAL ACTIVITIES OF THE BODIES OF INQUIRY","authors":"D. Emelyanova, K. Sinkin","doi":"10.14258/ralj(2021)4.4","DOIUrl":"https://doi.org/10.14258/ralj(2021)4.4","url":null,"abstract":"The article deals with the issues of the concept of the powers of the prosecutor in the exercise ofprosecutorial supervision of the criminal procedural activities of the bodies of inquiry. The authors havecome to the following conclusions. The powers of a prosecutor in criminal proceedings are a set of his rightsand obligations provided for by criminal procedural norms aimed at implementing his functions in criminalproceedings in order to achieve his appointment. In essence the powers are a form of expression of the willof the prosecutor as a public authority. An important feature of the concept of «prosecutor’s authority» is thatit can be defined and established only in a law or other normative legal act that has binding force. Often in the special literature the concepts of powers and legal means of the prosecutor are interpreted as equivalent.In the opinion of the authors it is wrong to identify these concepts. The powers represent the rights of theprosecutor provided for by law. In fact these are the possibilities of the prosecutor regulated by law. Thepowers of the prosecutor are broader than legal means since they cover a larger range of prosecutorialactivities. As a final conclusion the authors define the powers of the prosecutor in the supervision of thecriminal procedural activities of the bodies of inquiry which is understood as the totality of his rights andobligations provided for by criminal procedural norms aimed at the implementation of his functions incriminal proceedings in order to achieve his appointment","PeriodicalId":236822,"journal":{"name":"Russian-Asian Legal Journal","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129896960","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}

引用次数: 0

THE PROCESS OF DIGITALIZATION IN ADMINISTRATIVE COMMISSIONS OF LOCAL GOVERNMENT 地方政府行政委员会的数字化进程

Russian-Asian Legal Journal Pub Date : 2021-12-27 DOI: 10.14258/ralj(2021)4.6

Y.I. Kolpakova

引用次数: 0

CATEGORIES OF LITIGATION IN CASES OF PROTECTING THE ELECTORAL RIGHTS OF CITIZENS OF THE RUSSIAN FEDERATION 保护俄罗斯联邦公民选举权案件中的诉讼类别

Russian-Asian Legal Journal Pub Date : 2021-12-27 DOI: 10.14258/ralj(2021)4.1

I.L. Akimova, A. Kovalenko, E. S. Anichkin

引用次数: 0

RESPONSIBILITY OF OFFICIALS OF PUBLIC AUTHORITIES FOR VIOLATION OF THE PROCEDURE FOR CONSIDERATION OF CITIZENS' APPEALS 公共当局官员违反审议公民申诉程序的责任

Russian-Asian Legal Journal Pub Date : 2021-12-27 DOI: 10.14258/ralj(2021)4.5

O. Kazantseva