Juridical Journal of Samara University最新文献_第7页

Electronic documents in criminal proceedings 刑事诉讼中的电子文件

Juridical Journal of Samara University Pub Date : 2022-06-05 DOI: 10.18287/2542-047x-2022-8-1-110-115

Z. S. Lebedev

引用次数: 0

Significance of the act of initiation of criminal proceedings: what has changed? 提起刑事诉讼行为的意义:发生了什么变化?

Juridical Journal of Samara University Pub Date : 2022-06-05 DOI: 10.18287/2542-047x-2022-8-1-34-39

V. Lazareva

{"title":"Significance of the act of initiation of criminal proceedings: what has changed?","authors":"V. Lazareva","doi":"10.18287/2542-047x-2022-8-1-34-39","DOIUrl":"https://doi.org/10.18287/2542-047x-2022-8-1-34-39","url":null,"abstract":"The article considers the urgent problems of initiating a criminal case, the regulation of which has undergone significant changes in recent years, which in fact turned the verification of the existence of grounds for the start of the preliminary investigation into its initial stage, which is carried out by procedural means and methods, in connection with which its results have acquired all the signs of admissible evidence. This circumstance requires serious reflection, since it is incompatible either with the general understanding of criminal procedure or with the ideas postulated by classical theory about both evidence and the ways in which they are collected. Changes in the procedure of initiating a criminal case affect not only the entire pre-trial proceedings, but also the essential principles of the criminal process as a whole. As a result of the study, it is substantiated that the activities of the investigation and inquiry bodies, preceding the decision to initiate criminal proceedings, today have all the signs of criminal procedure; the conclusions arising from this statement are formulated, the main of which is the need to revise a number of theoretical postulates and, obviously, criminal procedure legislation.","PeriodicalId":406056,"journal":{"name":"Juridical Journal of Samara University","volume":"7 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":"117179793","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}

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International scientific and practical conference «25th anniversary of the Criminal Code of the Russian Federation: current issues of codification and law enforcement» 国际科学和实践会议“俄罗斯联邦刑法颁布25周年:当前的编纂和执法问题”

Juridical Journal of Samara University Pub Date : 2022-04-11 DOI: 10.18287/2542-047x-2021-7-4-7-10

A. Bezverkhov, A. Yudin, O. Klimanova

{"title":"International scientific and practical conference «25th anniversary of the Criminal Code of the Russian Federation: current issues of codification and law enforcement»","authors":"A. Bezverkhov, A. Yudin, O. Klimanova","doi":"10.18287/2542-047x-2021-7-4-7-10","DOIUrl":"https://doi.org/10.18287/2542-047x-2021-7-4-7-10","url":null,"abstract":"8 октября 2021 года состоялась организованная Самарским университетом и Союзом криминалистов и криминологов Международная научно-практическая конференция 25-летие Уголовного кодекса Российской Федерации: актуальные проблемы кодификации и правоприменения. Этот уголовный закон был принят на рубеже веков, в условиях коренных трансформаций экономических, политических и социальных отношений Соответственно, несет на себе печать этого весьма сложного и противоречивого времени, отразившего кардинальные сдвиги и преобразования в различных сферах российского общества. В течение четверти века Уголовный кодекс Российской Федерации демонстрирует кардинальную изменчивость российского уголовного законодательства, даже снискал упреки в его бессистемности, нестабильности, рассогласованности. В то же время настоящий Кодекс последовательно обеспечивает дифференцированные подходы к противодействию преступности: усиления репрессии в отношении лиц, совершивших тяжкие и особо тяжкие преступления, и ослабления репрессии, вплоть до полного неприменения, в отношении лиц, впервые совершивших преступления небольшой и средней тяжести. Конференция была проведена в Юридическом институте Самарского университета с учетом санитарно-эпидемиологической обстановки в очно-заочном формате. Инициатором и модератором конференции выступила заведующий кафедрой уголовного права и криминологии Самарского университета, доктор юридических наук, профессор Кленова Татьяна Владимировна.","PeriodicalId":406056,"journal":{"name":"Juridical Journal of Samara University","volume":"20 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-04-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129373036","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

About the types of unfinished crime 关于未完成犯罪的类型

Juridical Journal of Samara University Pub Date : 2022-02-02 DOI: 10.18287/2542-047x-2021-7-3-31-37

E. V. Blagov

{"title":"About the types of unfinished crime","authors":"E. V. Blagov","doi":"10.18287/2542-047x-2021-7-3-31-37","DOIUrl":"https://doi.org/10.18287/2542-047x-2021-7-3-31-37","url":null,"abstract":"The article is devoted to the study of the scope of the concept of an unfinished crime. In the literature, in addition to the types of unfinished crime named by the legislator (preparations for a crime and attempts at a crime), others are also distinguished (voluntary refusal of a crime, voluntarily abandoned preparation and attempt, incomplete and complete attempt at a crime). Based on the normative material (Articles 29 and 31 of the Criminal Code of the Russian Federation), this approach is critically evaluated. At the same time, it is noted that in science, at the level of an unfinished crime, the often produced classifications of preparations for a crime and attempts at a crime do not manifest themselves in any way. The author considers this to be an inconsistency of theoretical analysis. He tries to overcome it and offers to distinguish, on the one hand, complete and incomplete unfinished crimes, on the other hand, objectively and subjectively unfinished crimes. At the same time, it is proposed to understand under complete-an unfinished crime, in which a person believes that he has done everything necessary to bring the crime to an end; under incomplete an unfinished crime, in which a person believes that he has not done everything necessary to bring the crime to an end; under objectively unfinished crimes that were not completed due to an error on the part of the persons who committed them; under subjectively unfinished crimes that were not completed due to an error on the part of the persons who committed them. Assessing the significance of the identified types of unfinished crimes, in conclusion, it is noted that they, without affecting the criminal responsibility itself, are important for its implementation, because the more completely an unfinished crime is committed, the closer it is to the finished one and the more severe punishment is permissible, all other things being equal; erroneous actions of a person indicate less public danger, which, all other things being equal, on the contrary, should entail less severe punishment.","PeriodicalId":406056,"journal":{"name":"Juridical Journal of Samara University","volume":"19 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-02-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122829546","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

On the definition of the concept of «a circumstance excluding the criminality of an act» 论“排除行为犯罪的情况”概念的界定

Juridical Journal of Samara University Pub Date : 2022-02-02 DOI: 10.18287/2542-047x-2021-7-3-46-58

V. Mikhailov

{"title":"On the definition of the concept of «a circumstance excluding the criminality of an act»","authors":"V. Mikhailov","doi":"10.18287/2542-047x-2021-7-3-46-58","DOIUrl":"https://doi.org/10.18287/2542-047x-2021-7-3-46-58","url":null,"abstract":"Chapter 8 of the Criminal Code of Russia is called circumstances that exclude the criminality of an act. In this regard, the purpose of the study is to define the concept of circumstances that exclude the criminality of an act on the basis of clarifying those objective reasons (grounds) by virtue of which causing harm with the necessary defense and other manifestations of legitimate harm is not considered a crime. The designated goal was achieved as a result of the analysis of the norms of Russian, Russian and foreign criminal laws on the circumstances excluding the criminality of the act, and the provisions of the theory on the issue under study. The paper proves that the property of legality or illegality, usefulness or malice of an act that causes the death of a person or other harm is entirely formed by a set of factors external to the act and the actor. At the same time, it is emphasized that an act is not a specific concept in relation to the concept of circumstances excluding the criminality of an act. The optimal concept by which to designate circumstances that exclude the criminality of an act is the concept of situation. In this regard, under the circumstances excluding the criminality of the act, it is proposed to understand the situations, in the presence of which harm to the interests protected by criminal law, within and in compliance with the conditions specified in the norms of Chapter 8 of the Criminal Code of Russia, other federal laws and other regulatory legal acts, is lawful. It is proved that the absence of the corpus delicti used in practice (pr. 2 Part 1 of Article 24 of the Criminal Procedure Code of Russia) as a procedural basis excluding criminal proceedings in relation to the circumstances that eliminate the criminality of the act does not reflect the essence of the latter and does not stimulate the investigative bodies to establish them. In this regard, relevant proposals are being made.","PeriodicalId":406056,"journal":{"name":"Juridical Journal of Samara University","volume":"21 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-02-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114796528","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

Implementation of the principle of equality and guarantee of the rights of convicted persons 落实被判刑人权利平等和保障原则

Juridical Journal of Samara University Pub Date : 2022-02-02 DOI: 10.18287/2542-047x-2021-7-3-25-30

O. A. Adoyevskaya

{"title":"Implementation of the principle of equality and guarantee of the rights of convicted persons","authors":"O. A. Adoyevskaya","doi":"10.18287/2542-047x-2021-7-3-25-30","DOIUrl":"https://doi.org/10.18287/2542-047x-2021-7-3-25-30","url":null,"abstract":"The article deals with the problems of implementing the universally recognized principle of equality in penal enforcement policy and guaranteeing the rights of convicts, as well as suspects accused of committing crimes in custody. The fundamental rights of convicted and detained persons are analyzed. It is proved that not all fundamental rights of convicted and detained persons are guaranteed by law in accordance with the principle of equality, which is among the universally recognized principles of international law and is aimed at international legal protection against discrimination. It is proved that the penal enforcement legislation does not provide for legislative restrictions guaranteeing protection against discrimination on any grounds. In the case of convicted and detained persons, there are often inequalities in gender, age, property and legal aid. Now an opportunity to serve prison term concerning women and minors at the place of residence as it is provided for men isn't enshrined in the criminal and executive legislation. Such a legislative decision contributes to the severance of family and socio-useful ties among convicted women and minors. The prohibition of the use of technical means by lawyers in the territory of a correctional institution is discriminatory, since it infringes on the right of convicts to receive qualified legal assistance, guaranteed by the Constitution of the Russian Federation. The article shows the differences in penal policy between the haves and the poor, which is also classically discriminatory and unacceptable. It was concluded that the implementation of universally recognized principles of international law, including the principle of equality of citizens before the law and the court, is the responsibility of the legislative and law enforcement agencies and contributes to the achievement of the goals of criminal enforcement legislation, as well as to strengthening citizens' faith in the institutions of State power.","PeriodicalId":406056,"journal":{"name":"Juridical Journal of Samara University","volume":"266 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-02-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133571127","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

On some approaches to determining the definition of sources of Russian law in the works of Soviet scientists 论苏联科学家著作中确定俄罗斯法渊源定义的几种途径

Juridical Journal of Samara University Pub Date : 2022-02-02 DOI: 10.18287/2542-047x-2021-7-3-19-24

O. Elchaninova

{"title":"On some approaches to determining the definition of sources of Russian law in the works of Soviet scientists","authors":"O. Elchaninova","doi":"10.18287/2542-047x-2021-7-3-19-24","DOIUrl":"https://doi.org/10.18287/2542-047x-2021-7-3-19-24","url":null,"abstract":"The article studies the essential characteristics of the concept of sources of law, shows a variety of positions on the issues of systematization of sources of Russian law, gives a characteristic of conceptual approaches to their classification. The main volume of the work is devoted to the analysis of the doctrine of the sources of law, which was established in the legal doctrine in the Soviet period. The conclusion is made that the content of the concept depends on the specific era in which it was formed. In the Soviet period, a normative approach prevailed in legal thinking with an emphasis on studying the nature of formal sources of law, reflecting the reasons for the legal obligation of a norm. It is indicated that Soviet scientists understood the material conditions of social life as sources of law in the material sense. The author shows that the lack of unification of the term sources of law is determined by the essential polysemicity of its structural elements. Soviet scientists who touched the doctrine of the sources of Russian law, relying on previous works, brought something new to it, expanding the conceptual and categorical boundaries.","PeriodicalId":406056,"journal":{"name":"Juridical Journal of Samara University","volume":"57 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-02-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115553279","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

Counterfeit as a criminal phenomenon: means of counteraction 假冒作为一种犯罪现象:对策

Juridical Journal of Samara University Pub Date : 2022-02-02 DOI: 10.18287/2542-047x-2021-7-3-59-65

L. Alexandrova

引用次数: 0

Some security issues in pipeline transport 管道运输中的一些安全问题

Juridical Journal of Samara University Pub Date : 2022-02-02 DOI: 10.18287/2542-047x-2021-7-3-91-101

T. Izgagina

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Digital technologies as a vector of transformation of the principle of justice and efficiency in the tax system of the modern state 数字技术作为现代国家税收制度中公正和效率原则转变的载体

Juridical Journal of Samara University Pub Date : 2022-02-02 DOI: 10.18287/2542-047x-2021-7-3-115-120

S. Kazachenkov

{"title":"Digital technologies as a vector of transformation of the principle of justice and efficiency in the tax system of the modern state","authors":"S. Kazachenkov","doi":"10.18287/2542-047x-2021-7-3-115-120","DOIUrl":"https://doi.org/10.18287/2542-047x-2021-7-3-115-120","url":null,"abstract":"The article is devoted to a close analysis of digitalization in the life of the state and its citizens in the field of taxation. The article shows that digitalization affects relations in all spheres of life, from the educational process to taxation. The author focuses on the fact that the state should first of all apply the principles of fairness and effective taxation in digitalization, so that the taxpayer can receive the necessary advice and convenience of digital services, services and payment of taxes according to fair criteria, and the state can effectively monitor tax revenues. The novelty of the research lies in the fact that despite the theoretical research work on the subject in general, this problem is poorly studied and requires further research in the formation of the concept of the principle of efficiency and fairness in the field of tax digitalization, which shows the relevance of the work and the need for study. The article is devoted to a detailed analysis of tax efficiency statistics together with the implementation of the principle of fairness in the modern tax system through digitalization on the example of property taxation in the Rostov, Moscow and Samara regions in digital activities through the taxpayer's personal account. Considerable attention is paid to the formation of the concept of digitalization based on the principles of efficiency and fairness through analysis, statistical data, court decisions and relations between the taxpayer, tax authorities and the state due to the lack of sufficient research in the scientific community. The author substantiates the idea that the principle of fairness and efficiency of property taxation in the process of digitalization should take into account the features of modern social reality.","PeriodicalId":406056,"journal":{"name":"Juridical Journal of Samara University","volume":"17 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-02-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121340464","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