Pravoprimenenie-Law Enforcement Review最新文献

{"title":"The policy of granting scientific grants in Russia and its prospects","authors":"N. Bobrova","doi":"10.52468/2542-1514.2022.6(3).262-268","DOIUrl":"https://doi.org/10.52468/2542-1514.2022.6(3).262-268","url":null,"abstract":"Modern criteria for assessing scientific activity, established in 2013, are considered. The shortcomings of these criteria, which the author of this article, together with another professor, tried to recognize as invalid and not subject to application due to their contradiction with Russian legislation and national interests, are emphasized. The requirements for applicants for grants of the Russian Science Foundation are considered (RSF), which, after merging with the Russian Foundation for Basic Research (RFBR), became the only federal scientific foundation. The first results of the merger of the two funds are analyzed. It is shown that this had a negative impact on the humanities, including legal sciences. The Resolution of the Government of the Russian Federation dated March 19, 2022 No. 414 \"On some issues of applying the requirements and target values of indicators related to publication activity\" is analyzed. The resolution was adopted in response to the sanctions of unfriendly states, as well as a reaction to open letters from the public about the immediate exclusion from all regulations of the requirement to publish in journals from commercial indices. The resolution has the character of a moratorium on the application of requirements for the availability of publications in scientific journals indexed in international databases. Proposals are being made on the development of domestic criteria for publication activity.","PeriodicalId":40342,"journal":{"name":"Pravoprimenenie-Law Enforcement Review","volume":"45 1","pages":""},"PeriodicalIF":0.3,"publicationDate":"2022-09-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90058746","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":"Typical corrupt practices in the criminal prosecution of businessmen","authors":"G. Porosenkov","doi":"10.52468/2542-1514.2022.6(3).224-239","DOIUrl":"https://doi.org/10.52468/2542-1514.2022.6(3).224-239","url":null,"abstract":"The subject. The study is devoted to the study of corruption aspect of criminal prosecution of entrepreneurs in Russia.The aim of this paper is to identify typical corrupt practices in the criminal prosecution of entrepreneurs, to investigate their causes, as well as to formulate recommendations for minimizing the identified practices of abuse.The methodology. The author analyzes the cases of criminal prosecution of entrepreneurs who have filed appeals to the Center for Public Procedures \"Business Against Corruption\", the Center \"Protection of Business\". These public platforms act as filters of appeals for unwarranted criminal prosecution. In case of confirmation of the facts of illegal use of criminal law instruments in relation to an entrepreneur, the appeal with the attached expertise is sent to the Commissioner for the Protection of Entrepreneurs' Rights.The main results, scope of application. To corrupt practices in the field of criminal prosecution of entrepreneurs the author included the following: unreasonable use of preventive measures in the form of detention in contravention of the direct prohibition of pt. 1.1 of the art. 108 of the Code of Criminal Procedure of the Russian Federation; ignoring the fact of committing a crime in the field of business and as a consequence qualification of the crime not by special business, but by common crimes; \"superficial\" preliminary investigation, resulting in criminal proceedings without due cause; ignoring the prejudicial facts established by arbitration courts in criminal proceedings; unreasonable imputing the commission of an intentional act.The reasons for the corrupt practices highlighted and investigated by the author are such factors as the wording of the law and its interpretation, limitations and imprecision of the law, allowing discretion on the part of law enforcers; the established KPIs of law enforcement agencies that encourage \"the pursuit of performance\" and accusatory bias; declarative ethical standards adopted by public authorities and companies, i.e. the lack of effectively implemented instruments of integrity management; low level of public control over criminal proceedings.In order to minimize the above practices, it is necessary to further improve regulations, to stimulate ethical regulation in organizations; to modernize the metrics for evaluating the effectiveness of law enforcement agencies, focusing on non-departmental parameters; to significantly increase the role of the institution of business ombudsman as an additional guarantor of legal rights and interests of entrepreneurs, and to actively introduce digitalization tools, in particular, digital records of criminal cases.It is important to emphasize again that the author does not claim to cover all possible corrupt practices in the prosecution of entrepreneurs and their causes. For example, there is a vicious practice of reclassifying a witness in a criminal case after testifying as a suspect and subsequently as a defend","PeriodicalId":40342,"journal":{"name":"Pravoprimenenie-Law Enforcement Review","volume":"26 1","pages":""},"PeriodicalIF":0.3,"publicationDate":"2022-09-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90703296","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":"Temporal provisions of the bankruptcy doctrine","authors":"E. V. Liubimova, M. G. Sukhanova","doi":"10.52468/2542-1514.2022.6(3).240-251","DOIUrl":"https://doi.org/10.52468/2542-1514.2022.6(3).240-251","url":null,"abstract":"In the context of the burgeoning Russian insolvency law, the applicable regulations may undergo essential changes over a bankruptcy period due to lengthy insolvency procedures. In such case, a pivotal question for the bankruptcy participants is the application of legal developments that significantly affect the participants’ scope of rights and obligations to the initiated procedure.This study is aimed to develop and substantiate a unified procedure for the commencement of legal provisions governing the bankruptcy procedure.The following tasks promote the above purpose:1) Determining applied options of commencement of amendments to the Insolvency Law;2) Weighing strengths and weaknesses of the determined options;3) Concluding on the most suitable procedure for commencement of amendments in these legal relationships.The analysis of amendments to the Insolvency Law highlights the absence of a legislator’s unified approach. The article outlines seven models of amendments commencement used by the legislator:1) amendments to the Insolvency Law do not describe the commencement procedure, so the general rule applies here: entry into force after ten days upon the date of their official publication;2) amendments to the Insolvency Law explicitly specify the date of entry into force or the period on the expiry of which the amendments enter into force;3) amendments to the Insolvency Law enter into force on the day of their official publication;4) amendments to the Insolvency Law apply in bankruptcy cases in which proceedings are initiated after the date of the amendments commencement;5) amendments to the Insolvency Law single out a cluster of legal relationships (e.g. legal relationships in current costs accounting) to which the amendments apply immediately (which is an exception to the general term of amendments commencement);6) amendments to the Insolvency Law specify legal facts, given which a new version of the law shall or shall not apply; in particular, the legislator has used the following jural facts (1) the beginning of settlements with creditors of the third priority; (2) the completion of a monitoring procedure in relation to an indebted developer;7) amendments to the Insolvency Law imply an extension of new rules to earlier existing legal relationships.Following the analysis of strengths and weaknesses of the given models the authors believe that a new legal regulation (if any) shall be recognized when the bankruptcy case moves from one procedure to another. At the date of transition, the current version of the law in force is determined, its reference indicated in the judicial act. This mechanism allows the parties to the legal relationship to know with certainty the legal assessment from the judicial act and to build on the new legal regulation in their line of conduct. In the event of a fundamental change in the law, the parties will be protected by the current procedure as a temporary safeguard.This will make the bankruptcy procedure foreseea","PeriodicalId":40342,"journal":{"name":"Pravoprimenenie-Law Enforcement Review","volume":"124 1","pages":""},"PeriodicalIF":0.3,"publicationDate":"2022-09-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"75679024","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":"Digital innovation and human rights: dilemmas in international law enforcement practice","authors":"M. A. Mikhailov, T. Kokodey","doi":"10.52468/2542-1514.2022.6(3).120-133","DOIUrl":"https://doi.org/10.52468/2542-1514.2022.6(3).120-133","url":null,"abstract":"The subject of the study is the legal nature of personal data, as well as a set of legal norms governing relations in the field of their processing and circulation in the Russian Federation and foreign countries. The article uses a comparative method, a system analysis method, as well as a forecasting method.The purpose of the article is to confirm or refute the hypotheses about the further strengthening of the contradictions between the emergence and implementation of new technologies for processing personal data versus ensuring the protection of human rights, as well as the expediency and possibility of using foreign legislative experience in domestic practice to counter these threats and reduce the risks arising from this and damage.Main results, scope. The article examines the legislative experience of legal regulation of the types, scope, and nature of personal data in the People's Republic of China, the United States of America, the Republic of Belarus, and the Russian Federation. At the same time, Chinese legislation most quickly responds to the challenges of the criminal use of biometric technologies, American legal norms are less acceptable for our practice due to the peculiarities of case law, and Belarusian law has only recently entered into force, opening the era of legal regulation in this area. The facts of the use of new technologies (such as deepfake) for the processing of biometric information for criminal purposes and the problems of law enforcement in this area, as well as legal disputes of citizens who have suffered damage from the use of these technologies, are analyzed. It is predicted that it will be impossible to fully ensure the protection of human rights in the context of the emergence of new technologies for processing personal data. The importance of the desire to predict threats to the protection of personal information at the stage of emergence of new technologies for processing personal data in order to neutralize them in a timely manner is indicated.Conclusion. An analysis of the legislation of foreign countries will make it possible to give preference to the Chinese experience, which promptly counteracts the risks of using new technologies for criminal purposes. An analysis of domestic and global law enforcement practice will make it possible to predict the spread of new ways of committing crimes, the misuse of personal data, and vulnerabilities in their storage and protection. At the same time, excessive restrictions on access to data, their processing and their circulation can make it difficult for law enforcement agencies to solve the tasks of ensuring state security and the protection of public order. It requires constant monitoring of threats and risks and timely technical and legal response to their manifestation. The purpose of the study has been achieved, ways to improve legislation in order to protect human rights in the context of the introduction of digital innovations in all spheres of human activity a","PeriodicalId":40342,"journal":{"name":"Pravoprimenenie-Law Enforcement Review","volume":"86 1","pages":""},"PeriodicalIF":0.3,"publicationDate":"2022-09-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84941841","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":"Tax procedural proof: problems of theory and practice","authors":"I. Glazunova, D. S. Sheptunov","doi":"10.52468/2542-1514.2022.6(3).94-108","DOIUrl":"https://doi.org/10.52468/2542-1514.2022.6(3).94-108","url":null,"abstract":"The subject of this study is the legal norms contained in legislation, other legal acts, as well as materials of law enforcement practice that determine the specifics of tax procedural evidence. This article also analyzes the experience of legal regulation of the mechanism of tax procedural evidence, examines the gaps in tax legislation directly related to the topic under consideration.The purpose of the study is to identify and analyze the features of evidence in the tax process, to study the application of evidence theory in the activities of tax authorities, to develop new ways, means and simplified procedures for effective proof, as well as to prepare appropriate regulatory changes. The objectives of the study are to identify and analyze the advantages and disadvantages of the current state of the regulatory regulation of the means and procedures of tax procedural proof; to study the distribution of the duty of proof from the position of the presumptions proclaimed in tax legislation, the established grounds for exemption from proof, as well as the blocks of circumstances formed by law enforcement practice that are subject to proof, respectively, by the tax authority and a participant in the tax process controlled by it; formulation of the author 's position on the general rule of burden of proof distribution and proposals for adaptation in the Tax Code of the Russian Federation constructions of grounds for exemption from proof according to the presented concept; allocation of stages of evidentiary activity carried out within the framework of the tax process.Methodology. Within the framework of this article, general scientific methods were applied in the framework of comparative, logical and statistical research and analysis of law enforcement and judicial practice in the field of tax process.The main results. Within the framework of the study, a number of issues related to the chosen topic were considered. First of all, it is necessary to understand that by proving in the tax process, one should consider the procedural activities of authorized participants in the tax process for collecting, researching and evaluating evidence, ensuring the adoption of legitimate and justified procedural decisions on issues that are subject to the regulation of tax legislation. The general subject of proof in the tax process is the circumstances relevant to the decision of the tax authority in the cases provided for by the legislation on taxes and fees, determined by the tax authority based on the substance of the relationship and the positions of its participants in accordance with the applicable rules of substantive law in cases where such circumstances are not defined by the legislation on taxes and fees. For the general the rule for distributing the burden of tax procedural proof is to adopt the following judgment: \"Each participant in the relationship regulated by the legislation on taxes and fees, in order to comprehensively and most fully establish the","PeriodicalId":40342,"journal":{"name":"Pravoprimenenie-Law Enforcement Review","volume":"49 1","pages":""},"PeriodicalIF":0.3,"publicationDate":"2022-09-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90925131","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":"Investment tax benefits in China: special features of legal regulation and comparative analysis with Russian practices","authors":"K. Ponomareva","doi":"10.52468/2542-1514.2022.6(3).80-93","DOIUrl":"https://doi.org/10.52468/2542-1514.2022.6(3).80-93","url":null,"abstract":"The subject. The article discusses the legal regulation of investment tax incentives in China. The choice of the object of research is determined by the prospects of comparative legal studies of the experience of states bordering the territories of the Russian Far East, where numerous zones with special economic status have been created, within which preferential business regimes are applied.Purpose of the study. Despite the diversity of special economic zones in the Russian Federation and the constant creation of new zones, preferential regimes do not always prove their effectiveness. Based on the above, it seems very relevant to analyze the best international and national practices in order to develop criteria for the effectiveness and efficiency of preferential tax regimes for zones with special economic status.Thus, the specifics of the comparative legal method of research always consists in the fact that it is not necessary to borrow foreign experience, but it is also possible to find the best practices within domestic legislation. Therefore, it is necessary to look for ways to ensure that Russian tax legislation laying the foundation for supporting innovation in our country.Methodology. The research was carried out with the application of the formally legal interpretation of legal acts as well as the comparative analysis of international and Chinese legal literature. Structural and systemic methods are also the basis of the research.The main results. As China seeks to transform from a mass producer of inexpensive goods to a high-end producer, the national government is making significant efforts to encourage targeted investment in research and development (R&D) and technological innovations. This has led to the fact that China has awarded the technology sector the title of strategic, and its state support has increased significantly.Сonclusions. On the base of the analysis of the main tax incentives in China, the author comes to the conclusion that a significant part of them is aimed at enterprises engaged in research and development, as well as technological innovations. Also, a significant part of tax benefits is provided to enterprises based on the choice of the geographical area of the company's establishment. The conclusion is made about the possibility of applying the Chinese experience in Russia in reforming preferential tax regimes.The support for companies in the technology sector in Russia is especially important due to the policy of recent years aimed at establishment of tax benefits for IT companies. Both Russia and China strive to promote the accelerated development of innovative industries, the implementation of priority investment projects, as well as the development of small business.","PeriodicalId":40342,"journal":{"name":"Pravoprimenenie-Law Enforcement Review","volume":"1 1","pages":""},"PeriodicalIF":0.3,"publicationDate":"2022-09-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85252536","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":"OECD and deoffshorization of microstates of Europe","authors":"M. B. Alimova-Nefedova","doi":"10.52468/2542-1514.2022.6(3).134-146","DOIUrl":"https://doi.org/10.52468/2542-1514.2022.6(3).134-146","url":null,"abstract":"The article is devoted to studying the issue of the formation of the international legal regulation of the activities of so-called offshore zones – special jurisdictions that specialize in providing financial services to non-residents in conditions of low or zero taxation, stability and confidentiality. Since the late 1990s, the most successful anti-offshore policy has been conducted (in close cooperation with the G20 states) by the Organization for Economic Cooperation and Development (OECD), which has begun to actively use both organizational and international legal methods in its activities. The most successful examples include the OECD adopting the International Standards for the Exchange of Tax Information (Tax Information Exchange Agreements) in 2009, the Base Erosion and Profit Shifting Program in 2013 (which has become its most significant and successful initiative), the Multilateral Competent Authority Agreement in 2014, as well as the Multilateral Convention to Implement Tax Treaty Related Measures to Prevent Base Erosion and Profit Shifting in 2016, and others.However, in Europe the OECD was forced to face a situation where not only member states or specific territories that are in one form or another directly dependent on said states served as offshore zones, but also small (micro) sovereign states that were not its members. The microstates of Europe ended up resisting the OECD's anti-offshore activities for quite a while, since the high profitability of the offshore business made these states accustomed to getting “easy” money, and their population – to the high standard of living, which was largely provided for by these funds. The conducted research allowed the author to draw the conclusion that multiple stages can be singled out in this confrontation, during which the microstates of Europe, somewhat successful at first, were eventually forced to cooperate with the OECD and officially accept the rules the latter, as well as the mechanisms of interstate tax control it introduced. To a large extent, this stemmed from the fact that the microstates feared the G20 countries would levy sanctions against them, as well as because some of the microstates of Europe, in light of the instability of the world financial and economic system, were looking for ways to access the European market by obtaining the status of associated EU members. Nonetheless, while formally adhering to the OECD requirements, the microstates of Europe are still attempting to provide offshore services to nonresidents by transforming and significantly complicating the financial schemes used for such purposes. General scientific methods, the technic method, the concrete-historical and the historicalgenetic methods, as well as the formal-dogmatic and the systemic approaches were used within the framework of the study.Offshores and the settlement of cross-border tax relations is one of the most vital economic problems of our time, yet no fundamental scientific research on th","PeriodicalId":40342,"journal":{"name":"Pravoprimenenie-Law Enforcement Review","volume":"5 1","pages":""},"PeriodicalIF":0.3,"publicationDate":"2022-09-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90240892","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":"Local self-government in the structure of Russian statehood: problems and perspectives","authors":"O. Kazantseva, E. Kuzina","doi":"10.52468/2542-1514.2022.6(3).161-171","DOIUrl":"https://doi.org/10.52468/2542-1514.2022.6(3).161-171","url":null,"abstract":"Essay. The subject of this research is to provide an elaborate analysis of current municipal reform in the RF and assess its impact on the self-government place, the role and development trends within the system of the Russian statehood. This paper aims either prove or disprove a hypothesis about the impact of adopted legal regulations on local self-government in the RF in view of the amendments to the RF Constitution, and make a contribution to scientific understanding of this issue.Methodology. The research methodology is built by combining such methods of scientific knowledge as analysis (to study normative legal acts on the research topic), synthesis (to analyse theoretical sources and make generalizations), comparative legal method (to study and compare legal norms), logical method (to identify the peculiarities of the research object), system-structural approach (to define the role of local self-government in the Russian statehood), the method of legal hermeneutics (to provide an interpretation of legal documents) and the synergistic method which allowed to analyse the system of local government in cooperation with state authorities.Results. Local self-government shall be recognized as the basis of a democratic regime and present-day Russian statehood. The adoption of the 1993 Constitution resulted in numerous normative acts which regulate the system of local self-government, including The Federal Law of October 6, 2003 No. 131-FZ “On the General Principles of Local Self-Government Organization in the Russian Federation”. However, regular changes to this law regarding local self-government have raised a number of concerns about uncertainty and contradictions in the legal system. Thus, along with positive effects of ongoing reforms, there are some negative trends including current tightening of local self-government officials’ liability in Russia as well as the increasing gap between the population and local self-government, uncertainty of legal solutions and enforcement practice. Members of the expert community, municipalities and practitioners have high hopes for the new legal framework in the field of local self-government, which is being developed following the amendments to the Constitution of the Russian Federation in 2020. As a result, strengthening and expansion of local self-government powers are expected, which will increase citizens’ involvement in resolving issues of local importance. However, draft law No. 40361-8 on local self-government submitted to the State Duma on December 16, 2021, provides for the liquidation of the settlement level and the reduction in the number of lower-level local self-government bodies. As a result, the gap between the population and local self-government bodies has highly increased. In addition, the draft law strengthened responsibility of the heads of municipalities to the highest officials of the constituent entities of the Russian Federation, which implies more dependence of lower-level authoriti","PeriodicalId":40342,"journal":{"name":"Pravoprimenenie-Law Enforcement Review","volume":"19 1","pages":""},"PeriodicalIF":0.3,"publicationDate":"2022-09-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80801708","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 fundamental importance of the ban on turning for the worse for the criminal procedure system","authors":"K. Vanyan, N. N. Lysov, M. T. Tashilin, A. Shuisky, I. R. Gilmanov, V. Kosterin","doi":"10.52468/2542-1514.2022.6(3).212-223","DOIUrl":"https://doi.org/10.52468/2542-1514.2022.6(3).212-223","url":null,"abstract":"The article deals with the problem of the expediency of a criminal case’s returning to the prosecutor at the stage of appointment and preparation of a court session in Russian criminal proceedings. This problem is relevant to the science of criminal procedure.The purpose of the study is to analyze critically the practice of returning of a criminal case back to the prosecutor in order to correct mistakes made at the pre-trial stages of the proceedings according to the new concept of justice independence and the absence of an accusatory bias in the court functioning.The methodological basis of the study is a set of scientific techniques, focused mostly on the dialectical approach, which made it possible to determine the essential characteristics of the prohibition to turn the criminal proceedings in Russia for the worse. Both general scientific (analysis, synthesis, systematic method) and specific scientific methods (formal-legal, historical-legal, comparative-legal) of knowledge were also used. The analysis helped to formulate the position of understanding the turn for the worse as an independent principle of criminal procedural law, to study the procedural form of the turn for the worse. The synthesis method made it possible to determine the return of the criminal case to the prosecutor at the stage of appointment and preparation of the court session as a holistic institution of the criminal procedure. The systematic approach allowed to determine not only the mixed nature of the mechanism for changing the prosecution to a more serious one, but the investigative organization of pre-trial proceedings and its place in the structure of criminal proceedings, the separation of the investigative and “accusatory powers” of the prosecutors as well as their balance. The historical method let us trace the evolution of the prohibition to turn the Soviet and Russian criminal procedural systems for the worse. The comparative-legal method made it possible to assess the potential of domestic legislators' reception of foreign experience of regulating the prohibition to turn for the worse and formulate proposals to improve the Russian criminal procedural legislation.The main scientific results of this research consist of justification of the conclusion of the conversion expediency of the domestic judicial proceedings to the adversarial model of accusation which is carried out within the trial on the previously filed charge. The presentation of a new charge (criminal action) in court and the procedure of supplementing the charge change it for the worse. This model of re-indictment for the worse for the defendant appears to be fairer and more convenient both for the prosecuting authority and for the legal organization of combating crime. The changeover to the suggested form of implementation of the ban to turn for the worse in the institution of bringing and changing charges in court is possible only in a systematic link with the reform of the preliminary investigat","PeriodicalId":40342,"journal":{"name":"Pravoprimenenie-Law Enforcement Review","volume":"82 1","pages":""},"PeriodicalIF":0.3,"publicationDate":"2022-09-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"74912035","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":"Current issues of digitalization of criminal proceedings: a look into the future","authors":"G. M. Meretukov, S. I. Gritsaev, V. Pomazanov","doi":"10.52468/2542-1514.2022.6(3).172-185","DOIUrl":"https://doi.org/10.52468/2542-1514.2022.6(3).172-185","url":null,"abstract":"The authors point out the main problems of the transformation of criminal justice. Which rest on the need to reform the entire system of the branch of law, as the digitalization of any sphere of activity requires changes in formal and constitutional institutions, culture, as well as the creation and use of AI artificial intelligence systems, the creation of technological capabilities to analyze huge amounts of Big Data and the protection of personal data. This is a condition of digital transformation.In the formation of a strategy of digitalization of criminal justice in the Russian Federation, according to the authors, there is a stalemate, which is difficult to resolve. On the one hand, criminal justice is a procedural institute, which operates strictly within the system of regulations, on the other hand, the digitalization of criminal proceedings requires huge changes in the sphere of law in general and in its individual branches.From the technological point of view, we see from the example of some business projects that such processes of some sectors of the economy are feasible. To build a technological platform for criminal proceedings is currently possible, it requires a transition to electronic criminal records (with minor amendments to the RF Criminal Procedural Code), to implement artificial intelligence and “drive” it all into technologies for processing large heterogeneous data Big Data, OLAP and DataMining. The problem lies not in the impossibility to change the existing legal model of criminal procedure and other procedural subjects, but in the fact that law enforcement is carried out between values where logic is powerless, where thinking is carried out in the form of understanding. And the necessary condition for understanding requires intuition and empathy as the most important elements of legal thinking of the law enforcement officer. Artificial intelligence cannot have them.In other words, in some parts of the law enforcement will be possible to create some kind of digital platforms, which will not meet the whole concept of building a sectoral platform, the consequence of these particular transformations is the fact that a co mprehensive digitalization of criminal justice is not expected in the near future, in view of the thin matter of science – law.","PeriodicalId":40342,"journal":{"name":"Pravoprimenenie-Law Enforcement Review","volume":"7 1","pages":""},"PeriodicalIF":0.3,"publicationDate":"2022-09-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82547223","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}