{"title":"Legal regulation of the use of scientific and technical means when solving crimes by employees of the criminal investigation department in Donbass in 1918–1953","authors":"V. Groshevaya","doi":"10.18287/2542-047x-2022-8-1-65-75","DOIUrl":"https://doi.org/10.18287/2542-047x-2022-8-1-65-75","url":null,"abstract":"The article reflects the main aspects of formation of legal regulation of the use of scientific and technical means when solving crimes by the employees of the criminal investigation department in Donbass in 19181953. A close relationship is indicated between the degree of introduction of scientific and technical means into the activities of operational officers of the criminal investigation department with the growth of quantitative and qualitative indicators in the fight against crime in Donbass in 19181953. Particular attention is paid to the interaction of operational and forensic departments of the internal affairs bodies in solving various types of crimes and there made it possible to effectively counteract crime and the growth of its most dangerous manifestations in the postwar years in the Soviet Union. It is summarized that on the basis of the accumulated experience, new research methods, scientific and technical methods were developed, which were introduced into the practice of criminal investigation. Supporting the need for direct cooperation of the investigative authorities with experts, it is indicated that it is inadmissible to make erroneous decisions based on the experts conclusions due to the influence of various factors.","PeriodicalId":406056,"journal":{"name":"Juridical Journal of Samara University","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115993988","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}
Zh. P. Gunzynov, M. Y. Dondokova, Z. A. Konovalova, A. N. Myakhanova, D. V. Sinkov
{"title":"Legal regulation of procurement activities in Russia, China and Mongolia: some aspects of financial control and anti-corruption","authors":"Zh. P. Gunzynov, M. Y. Dondokova, Z. A. Konovalova, A. N. Myakhanova, D. V. Sinkov","doi":"10.18287/2542-047x-2022-8-1-88-96","DOIUrl":"https://doi.org/10.18287/2542-047x-2022-8-1-88-96","url":null,"abstract":"The article describes some of the features of legal regulation of public procurement in the Peoples Republic of China, Mongolia and the Russian Federation. In the article the key provisions of financial control and anti-corruption are highlighted and the priorities of state policy in these countries in the field of public procurement are noted. The legislation of China and Mongolia is analyzed from the standpoint of the possible use of their provisions to improve Russian legislation. So, the Chinese and Mongolian legislation, in contrast to the Russian, is more concise, has no reference character, etc. Purpose: All above confirms the relevance of further comparative legal analysis of the legislation of the Peoples Republic of China, Mongolia and the Russian Federation in the field of procurement. Conclusions obtained in the course of the study: To identify the distinctive points in the legal regulation of financial control and the application of measures of responsibility for crimes in the implementation of procurement activities in the Russian Federation, the Peoples Republic of China and Mongolia. Conclusions of the research: the legislation of Russia, Mongolia and China is improving methods of combating corruption offenses that are committed in the implementation of procurement activities. Despite the adoption of many legal measures, corruption crimes in procurement activities are committed quite often.","PeriodicalId":406056,"journal":{"name":"Juridical Journal of Samara University","volume":"28 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125821973","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":"To the question of the content of the term «witness»","authors":"I. Pankina, O. Slavgorodskaya","doi":"10.18287/2542-047x-2022-8-1-81-87","DOIUrl":"https://doi.org/10.18287/2542-047x-2022-8-1-81-87","url":null,"abstract":"This article examines the problem of the formation of criteria for assessing the reliability of the testimony of a witness, based on the analysis of the development process of this category. As a research task, the authors identified an attempt to evaluate the most traditional positions that determine its content, to compare them. The main content of the research is the analysis of the genesis of the category witness in the context of various historical periods. It is emphasized that the immediacy of perception underlies almost all definitions of the concept of witness. It has been established that, despite the duration of the existence of the studied category in criminal proceedings, the procedural functions of a witness belong to the category of poorly studied. The idea is substantiated that it is necessary to further improve the criminal procedural consolidation of the category of witness in conjunction with the demand for the development of forensic study of the witness and the formation of criteria for the reliability of the testimony of the witness.","PeriodicalId":406056,"journal":{"name":"Juridical Journal of Samara University","volume":"96 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122129487","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":"Genesis of protective legislation in pre-revolutionary Russia in the field of ecology: historical and legal analysis","authors":"M. A. Artamonova, A. Bezverkhov, T. F. Yudina","doi":"10.18287/2542-047x-2022-8-1-14-20","DOIUrl":"https://doi.org/10.18287/2542-047x-2022-8-1-14-20","url":null,"abstract":"This article establishes that the genesis of protective legislation in the field of ecology is associated primarily with the scale and depth of the impact of society on its natural environment, with the awareness of environmental values in society and the development of environmental legal thinking. In the context of adaptive and adaptive-practical human impact on nature, the legal mechanism of nature management is based on a complex of property legal relations. On the example of the genesis of the protective legislation of pre-Soviet Russia in the field of ecology, it is shown that protonnormative provisions of an environmental nature appear in the domestic legislation of the XIX century. However, in the context of the transition of society from an adaptive, adaptive-practical to a purely economic (production-consumer) attitude to nature, they did not transform into an independent group of environmental legal norms, continuing to develop in property norm systems (including unauthorized use or destruction / damage of other peoples property), as well as about the peoples welfare, public accomplishment, deanery, etc.","PeriodicalId":406056,"journal":{"name":"Juridical Journal of Samara University","volume":"301 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130053005","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":"Complexity and consistency of ensuring transport security: administrative legal aspect","authors":"S. Zaikova","doi":"10.18287/2542-047x-2022-8-1-97-103","DOIUrl":"https://doi.org/10.18287/2542-047x-2022-8-1-97-103","url":null,"abstract":"The article is devoted to the current problem of improving public administration in the field of transport security. The author notes that a resource-intensive and highly costly mechanism for ensuring transport security requires optimal organization and structuring of management processes in the considered area and is aimed at the result which satisfy public security interests. The purpose of the study was to determine the degree of development of federal and regional legislation in the field of transport security in terms of complexity and consistency of public administration in the considered area. The methodological basis is represented by a combination of general scientific and particular scientific (logical-legal, comparative-legal) methods of cognition. There is an analysis of the content, stages, adoption and implementation features of state management decisions in the field of transport security. The author comes to the conclusion that state management in the field of transport security is a kind of social management with its main goal to organize social processes and streamline public relations to protect the transport complex from acts of unlawful interference. Hence, it is suggested that an integrated system of transport security is formed, including legal institutional, organizational and information subsystems to improve the efficiency of public administration. Combining the listed subsystems into one organizational unity will make it possible to achieve stability and sustainability in the regulation of the considered social processes and the coordination between all subjects of state administration. The author suggests changes to the current version of the federal law on transport security.","PeriodicalId":406056,"journal":{"name":"Juridical Journal of Samara University","volume":"162 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130161328","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":"On the theoretical model of the limits of law-enforcement discretion","authors":"Y. Onosov","doi":"10.18287/2542-047x-2022-8-1-7-13","DOIUrl":"https://doi.org/10.18287/2542-047x-2022-8-1-7-13","url":null,"abstract":"The article provides a theoretical study of the concepts limits of law-enforcement discretion, limits of lawenforcement discretion, restrictions on law-enforcement discretion. The subject of consideration is also a significant number of classifications of the limits of law-enforcement discretion. Due to the lack of unity of opinion among legal scholars, various approaches are analyzed, attention is drawn to the theoretical and practical significance of the study of these issues. Attention is drawn to the importance of constructing a theoretical model of the limits of law-enforcement discretion based on the concept, features and classification of limits. The result of the study was the category limits of law-enforcement discretion, which is complex in the modern general theory of law. It is suggested that the use of the category enforcement discretion will allow a more complete and accurate description of the modern procedure of legal regulation. The author presents for discussion the issues, the solution of which will contribute to the creation of a theoretical basis for the problem of the margin of appreciation in law-enforcement practice.","PeriodicalId":406056,"journal":{"name":"Juridical Journal of Samara University","volume":"43 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128950669","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":"Features of violent crime in places of deprivation of liberty","authors":"T. Egorova","doi":"10.18287/2542-047x-2022-8-1-29-33","DOIUrl":"https://doi.org/10.18287/2542-047x-2022-8-1-29-33","url":null,"abstract":"This article analyzes the problems of violent crime in places of deprivation of liberty. The author investigates the features of its content characteristics. The relevance of the topic is due to the prevalence of psychological phenomena in penitentiary practice, manifested in conditions of concentrated isolation of criminally deformed persons. The paper touches upon the issues of criminal subculture, which has special patterns of manifestation in correctional institutions. At the same time, a common distinguishing feature of the tacit impact of crime is the violent nature of maintaining authority among the prison population. It is noted that deprivation of liberty in itself also has the potential of a negative impact on the conflict of the penitentiary environment caused by derivational psychological processes. The author confirms the hypothesis that in places of deprivation of liberty, the personality characteristics of violent criminals are formed due to past criminal experiences.","PeriodicalId":406056,"journal":{"name":"Juridical Journal of Samara University","volume":"31 8","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114039788","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":"Administrative precedence in the context of a multisectoral understanding of its features in the criminal law of Russia and Belarus","authors":"V. Khilyuta","doi":"10.18287/2542-047x-2022-8-1-21-28","DOIUrl":"https://doi.org/10.18287/2542-047x-2022-8-1-21-28","url":null,"abstract":"The article discusses the understanding of administrative precedence in the criminal law of the Russian Federation and the Republic of Belarus. The author raises the problem of understanding the administrative precedence through the prism of the time when the crime was committed and the retroactive effect of the criminal law. The question of the validity of bringing a person to criminal and administrative responsibility in the event of a crime with signs of administrative precedence is also discussed. The author concludes that the administrative precedence is a sign of the subject of the crime, and not of the objective side of the corpus delicti. It is also justified that bringing a person for repeated or repeated offenses to administrative rather than criminal responsibility cannot in the future serve as a repeated basis for the perpetrator to be prosecuted for a set of repeated identical acts. For this reason, no one can be held responsible twice for the same act.","PeriodicalId":406056,"journal":{"name":"Juridical Journal of Samara University","volume":"41 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130444407","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":"Science of international law – since ancient times!","authors":"B. Krivokapich","doi":"10.18287/2542-047x-2022-8-1-49-64","DOIUrl":"https://doi.org/10.18287/2542-047x-2022-8-1-49-64","url":null,"abstract":"In modern doctrine, the emergence of science of international law in the ancient world is often overlooked or even outright denied. However, the most ancient legal treaties contain separate norms of international law, the formulation and application of which should have been carried out by specialists familiar with past and existing practice. In connection with the above, it seems relevant to understand the issue of the moment when the science of international law emerged. It is advisable to conduct a study of the works of ancient philosophers and legal scholars to formulate conclusions that international law has existed since the formation of the first states and is a consequence of the transfer of basic legal principles from domestic relations to external interstate ones. The research methodology is determined by its sources. The use of comparative, formal legal, historical research methods made it possible to achieve this goal. Based on the names and works of thinkers of ancient countries (China, India, Greece, Rome), it is argued that international legal thought existed in the ancient world. In conclusion, it is concluded that neither international law, nor its science were created in Europe in the XVIXVII centuries, as some researchers say. Both the emergence itself and the study of international law are objective processes that political life demanded and generated much earlier.","PeriodicalId":406056,"journal":{"name":"Juridical Journal of Samara University","volume":"35 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132848452","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":"Analysis of the Istanbul convention of the prevention of sexual violence","authors":"A. Y. Sviderskaya","doi":"10.18287/2542-047x-2022-8-1-116-124","DOIUrl":"https://doi.org/10.18287/2542-047x-2022-8-1-116-124","url":null,"abstract":"The article is devoted to the current problem of the effectiveness of the fight against sexual violence. The purpose of the article is to develop proposals for the prevention of sexual violence on the basis of Chapter 3 of the Council of Europe Convention on the Prevention and Combating of Violence against Women and Domestic Violence as of 11.05.2011. The author uses the method of comparative law in the study, comparing the legislation of foreign countries and the Russian Federation in this area. The author focuses on information and educational activities as one of the most effective means of preventing sexual violence. The article summarizes the practical experience of foreign countries in combating sexual violence. As a research task, the author identified an attempt to assess the effectiveness of the policy of the Russian Federation in the field of countering sexual violence. In conclusion, the author notes that a comprehensive and effective system for combating sexual violence against women should be based on a solid State legal and policy framework, together with non-governmental organizations that have experience in combating this phenomenon.","PeriodicalId":406056,"journal":{"name":"Juridical Journal of Samara University","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130690162","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}