Juridical Journal of Samara University最新文献

{"title":"Prosecutor’s supervision in the field of transport security","authors":"A. Bezverkhov, A. Yudin","doi":"10.18287/2542-047x-2021-7-2-7-13","DOIUrl":"https://doi.org/10.18287/2542-047x-2021-7-2-7-13","url":null,"abstract":"The article analyzes the issues of prosecutors supervision in the field of transport security from the standpoint of an integrated approach. The material was prepared in the wake of the All-Russian research and practical conference held on May 14, 2021, dedicated to the 300th anniversary of the Russian prosecutors office. Transport security as a subject of prosecutors supervision covers a variety of areas of relations related to administrative, criminal, civil and procedural branches of law. Railway, water and air communication is subject not only to special socio-economic laws, but also requires special legal regimes dictated by the significant remoteness and dynamics of the subjects under supervision, the increased risk of harm to legally protected relations, the need for constant and uninterrupted functioning of transport facilities, the importance of the transport segment for the entire economic life of the country. All this determines the need for very prompt and at the same time balanced supervisory decisions, which is possible due to the close cooperation of science and practice.","PeriodicalId":406056,"journal":{"name":"Juridical Journal of Samara University","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-10-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128677058","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":"Fraudulent actions using information and telecommunications technologies in the field of mobile Internet applications","authors":"K. Ozerov","doi":"10.18287/2542-047x-2021-7-2-133-137","DOIUrl":"https://doi.org/10.18287/2542-047x-2021-7-2-133-137","url":null,"abstract":"The article deals with the specifics of committing fraudulent actions in the field of mobile Internet applications. The question of the security of official (App Store, Google Play) and unofficial platforms for downloading user programs for various purposes is raised. Examples of fraud are given and their negative consequences are demonstrated. The essence of fleeceware-applications is revealed and the pros and cons of the IOS and Android operating systems, which are the technical base in the mobile devices of the largest companies, are noted. There is an age category that is more exposed or may be exposed to illegal actions on the part of fraudsters in the field of IT technologies. In turn, the emphasis is placed on some gaps in those. systems and legislation in which the fraudster avoids criminal prosecution. The high latency of such crimes is confirmed due to the small damage to the victims of the assault, if we consider each victim separately, as well as due to the complexity of the crime itself. Measures are taken to prevent fraudulent actions related to online applications on mobile devices against yourself.","PeriodicalId":406056,"journal":{"name":"Juridical Journal of Samara University","volume":"140 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-10-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122913497","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":"Ending of the inquiry in an abbreviated form with an indictment","authors":"A. V. Shuvatkin","doi":"10.18287/2542-047x-2021-7-2-77-82","DOIUrl":"https://doi.org/10.18287/2542-047x-2021-7-2-77-82","url":null,"abstract":"The ending of preliminary investigation is final stage of pre-trial criminal proceedings, consisting in the preparation of materials by the person conducting the preliminary investigation, and the transfer of these materials to the prosecutor. This article is devoted to topical issues of the ending the inquiry in an abbreviated form, in particular, the problematic issues related to the compilation of the indictment. The analysis made it possible to establish that the indictment is the procedural decision of the inquiry officer who completes the criminal prosecution when conducting the inquiry in an abbreviated form in which he, in the form of a state-imperious command, within the limits of his competence and in accordance with the criminal procedure law, on the basis of the factual data established in the case, gives answers to the legal questions arising in the case about the guilt of the person who committed the crime. In addition, significant shortcomings in the legal regulation of the procedure for ending an inquiry in an abbreviated form with the indictment have been identified, which are discussed in this article.","PeriodicalId":406056,"journal":{"name":"Juridical Journal of Samara University","volume":"20 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-10-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123544364","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":"Problem of election validity in remote electronic voting","authors":"I. G. Larin","doi":"10.18287/2542-047x-2021-7-2-127-132","DOIUrl":"https://doi.org/10.18287/2542-047x-2021-7-2-127-132","url":null,"abstract":"The article analyzes the features and problems of using the institution of remote voting in the electoral process in general and the problem of invalidation of elections associated with the use of this institution, in particular. The article reveals the features of the implementation of the remote electronic voting procedure in practice, and also reveals such problems associated with the use of software as the presence of gaps in modern legislation in terms of regulating the invalidity of the described elections, uncertainty in matters of violations in this area of electoral law. The article concludes about the shortcomings of the existing legal regulation and identifies possible solutions to the identified problems.","PeriodicalId":406056,"journal":{"name":"Juridical Journal of Samara University","volume":"257 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-10-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121882908","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":"Specifics of the prosecutor’s participation in proceedings for considering applications for the return of a child (on the exercise of access rights to him) on the basis of the 1980 Convention on the Civil Aspects of International Abduction of Children","authors":"I. Golovko","doi":"10.18287/2542-047x-2021-7-2-113-119","DOIUrl":"https://doi.org/10.18287/2542-047x-2021-7-2-113-119","url":null,"abstract":"This article examines the problem of the exercise of parental rights (guardianship rights) in relation to a minor. At present, there are quite numerous disputes between parents, other persons entitled to rights in relation to minors, about the place of residence of the child and about with whom he will live. Controversial issues are resolved both out of court proceedings and in court. The Code of Civil Procedure of the Russian Federation establishes the powers of the prosecutor to apply to the court in cases of this category and to intervene to give an opinion.The purpose of the article is to present the results of a study of the peculiarities of the participation of a prosecutor in court proceedings in cases of the return of a child (on the exercise of access rights in relation to him). The tasks were to generalize judicial practice, identify violations in the consideration of cases by the courts, establish the specifics of the participation of the prosecutor in the proceedings in cases of this category. The author analyzes the issues of the prosecutors competence at the pre-trial stage of resolving disputes and the measures that he has the right to initiate in defense of the violated rights of the parent (another person who applied to the prosecutors office) in the administrative and judicial order. In connection with the consolidation in the Code of Civil Procedure of the Russian Federation, the right of the prosecutor to initiate proceedings in a court of general jurisdiction in cases of the considered category, attention is paid to the issues of determining jurisdiction and the subject of proof, the time frame for going to court, the time period for the proceedings, the time period for challenging the court decision. The emphasis is also placed on the implementation of the right of the prosecutor to intervene in the case to give an opinion. On the basis of the provisions of the 1980 Hague Convention, the results of practice, the generalization of the reasons for the cancellation of the decisions of the courts, the conclusions on the most significant aspects that need to be paid attention are substantiated. It is concluded that the judicial practice of considering cases of this category is being formed and is currently not free from violations of the requirements of the law. Attention is drawn to the conclusions of the Supreme Court of the Russian Federation based on the materials of the generalization of practice.","PeriodicalId":406056,"journal":{"name":"Juridical Journal of Samara University","volume":"17 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-10-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127820018","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":"Receipt of illegal remuneration by an ex-officer: law, theory, practice","authors":"A. Ivanchin","doi":"10.18287/2542-047x-2021-7-2-57-62","DOIUrl":"https://doi.org/10.18287/2542-047x-2021-7-2-57-62","url":null,"abstract":"The article deals with the issues of criminal-legal assessment of situations when an official for a specified remuneration performs the necessary actions (inaction) in the service, and the remuneration itself is received after the loss of the officials status (deferred bribe). The author criticizes the established judicial practice of qualifying such cases as the final receipt and giving of a bribe, since it directly violates the provisions of Articles 3, 8, 29, 290, 291 of the Criminal Code of the Russian Federation. If the recipient of the remuneration is not an official, then his act cant be qualified as a completed bribe-taking by an official by virtue of the law. The article proves that the only correct variant of the criminal-legal assessment of the offense in such cases is the imputation for the ex-official the preparation for receiving a bribe under Article 290 of the Criminal Code with reference to Part 1 of Article 30 of the Criminal Code. Equally, in the actions of the bribe-giver in the analyzed situation from the standpoint of the current version of the criminal law, the author sees only a conspiracy with an official to give-receive a bribe, that is, preparation for giving a bribe, qualified under Article 291 of the Criminal Code with reference to Part 1 of Article 30 of the Criminal Code. In conclusion, it is stated that the Criminal Code of the Russian Federation has an obvious gap in investigated part, which requires elimination by amending the criminal law (after a thorough and balanced discussion of their draft).","PeriodicalId":406056,"journal":{"name":"Juridical Journal of Samara University","volume":"79 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-10-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131419090","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":"Methods, principles and presumptions of constitutional and conflict diagnostics","authors":"I. Tretyak","doi":"10.18287/2542-047x-2021-7-2-34-41","DOIUrl":"https://doi.org/10.18287/2542-047x-2021-7-2-34-41","url":null,"abstract":"The article examines the main elements of constitutional and conflict diagnostics, which is a system of consistently applied methods, legal principles and presumptions, aimed at obtaining information about the causes, content, consequences and methods of preventing and resolving a constitutional conflict. Constitutional and conflict diagnostics is theoretically justified by the author as a new method of the science of constitutional law, which allows lawyers to study constitutional conflicts and constitutional norms of the conflictological type. The use of constitutional and conflict diagnostics will allow to establish and investigate the causal relationship between the formation of law, its normative expression and subsequent law enforcement, which will reflect the constitutional conflict. The author believes that the following methods are used in the course of diagnosing a constitutional conflict: dialectical, systematic, historical, statistical, methods of formal logic, formal-legal method, method of legal modeling, and other methods. The author also proposes to consider as the principles of such diagnostics: the principle of taking into account the specific historical situation, dialectical unity, systematic study of the conflict and the principle of the rule of law. The author suggests considering the following presuppositions used in the course of constitutional and conflict diagnostics: the presumption of the inevitability of constitutional conflicts, the presumption of the solvability of constitutional conflicts, and the presumption of the prevention of conflicts.","PeriodicalId":406056,"journal":{"name":"Juridical Journal of Samara University","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-10-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131684226","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":"Body of preliminary investigation in the modern russian criminal proceeding","authors":"I. Dikarev","doi":"10.18287/2542-047x-2021-7-2-63-69","DOIUrl":"https://doi.org/10.18287/2542-047x-2021-7-2-63-69","url":null,"abstract":"In the modern Russian criminal proceeding the role of the head of the investigative body has increased so much that it is no longer necessary to talk about any procedural independence of the investigator. This situation is highly criticized in the legal literature and the researchers note the necessity to return the investigator to the former procedural status. According to the author of the article, the current state of the issue should not be considered problematic since in the conditions of the changed criminal procedure regulations the investigator is no longer a single body of the preliminary investigation. The preliminary investigation is carried out jointly by the investigator and the head of the investigative body, who is assigned a leading and controlling role. In fact, there are grounds to speak about the collegiality of the modern preliminary investigation. At the same time, the preliminary investigation body is currently an investigative body and therefore procedural independence should be provided not to the investigator, but to the investigative body.","PeriodicalId":406056,"journal":{"name":"Juridical Journal of Samara University","volume":"117 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-10-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127502322","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":"Place and role of legal doctrine in the system of forms (sources) of law: general-theoretical aspect","authors":"K. A. Orlov","doi":"10.18287/2542-047X-2021-7-1-10-17","DOIUrl":"https://doi.org/10.18287/2542-047X-2021-7-1-10-17","url":null,"abstract":"The article deals with the problem of legal nature of the legal doctrine as a source (form) of law. The article substantiates the idea that the legal doctrine has a twofold meaning, since it has an independent meaning in the system of forms of law of various legal systems, as well as is fully a source of law that forms the foundation, methodological basis for the creation, interpretation and application of legal norms in other legal systems, in particular the Russian state. The author draws attention to the characteristic features inherent in the legal doctrine, analyzes its role in various legal systems, where it acts as a form of law. The author compares the positions of various points of view of Russian scientists on the legal nature of legal doctrine as a form of law. The author identifies and describes the characteristic features of legal doctrine as a source of law in the activity of the mechanism of the Russian state in the sphere of legislative and executive implementation.","PeriodicalId":406056,"journal":{"name":"Juridical Journal of Samara University","volume":"3 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-07-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115389469","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":"Evidence – trial and pre-trial","authors":"V. Lazareva","doi":"10.18287/2542-047X-2021-7-1-89-94","DOIUrl":"https://doi.org/10.18287/2542-047X-2021-7-1-89-94","url":null,"abstract":"The article again raises the question of the concept of proof in criminal proceedings. The adoption of the Code of Criminal Procedure in 2001, based on principles different from those of earlier times, did not lead to any noticeable revision of the postulates of the theory of evidence, including the concept of proof, but further aggravated the long-known contradictions. The incompatibility of the ideas of proving, which developed in the previous period of our history, as a cognitive activity aimed at establishing objective truth, with the principles of the presumption of innocence and competition is far from obvious to everyone, so the author of the article attempts to separate two fundamentally different approaches to the concept of proof between two fundamentally different parts of the criminal process and thereby reconcile the irreconcilable sides of the scientific discussion.","PeriodicalId":406056,"journal":{"name":"Juridical Journal of Samara University","volume":"42 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-07-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124848151","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}