Vestnik Tomskogo Gosudarstvennogo Universiteta-Pravo-Tomsk State University Journal of Law最新文献

{"title":"Information-computer forensic models of computer crimes as the elements of forensic techniques (using the example of “cyber blackmail”)","authors":"E. Rossinskaya, Anastasia I. Semikalenova","doi":"10.17223/22253513/42/5","DOIUrl":"https://doi.org/10.17223/22253513/42/5","url":null,"abstract":"Traditionally, one of the key components of any methodology is the forensic character of the type of crime, often considered as a typical information model. The basis of this definition is, in our opinion, the need to model this type of crime by generalizing based on the study of large arrays of criminal cases, information about the criminally significant signs of the type of crime, and their natural connections. In the era of digitalization, new opportunities are opening up for the study and generalization of large arrays of forensically significant information using BigData technology. The use of information computer technologies in criminal activities makes it possible to commit different crimes (crimes against the person in economics, economic activities, public security and others) using the same methods. Therefore, the traditional unification of information models by types of crimes does not give necessary results. The article deals with the problems of formation and application of the foundations of a new doctrine of information-computer forensic models of computer crimes as part of the theory of information and computer support of the forensic activity. The subject of this teaching is the general laws for building information-computer models of computer crimes based on correlation ties. These are the ties of combinations of IT technologies and computer systems for implementing various methods of computer crimes, regardless of their type, with a traced picture as digital traces and with competencies in information computer technologies of the criminal and the injured party. The object of the study is forensically significant computer information about the used combinations of IT technologies and computer tools and systems. This is information about various methods of computer crimes, digital traces, including traces of the impact of ransomware, counterfeit information and computer products, characteristics of criminals and victims from the point of view of the degree of their proficiency in IT technologies. Information-computer models of computer crimes in the generalization of large arrays of information can serve as one of the key elements of private forensic methods of investigation. This approach is considered on the example of the investigation of extortion using the Internet - “cyber blackmail”. Options of “cyber blackmail” of individuals and organizations are considered and information and computer models are built for them. The authors determine the features of correlation of methods of crimes, the used computer tools and systems, objects of encroachment with the competencies of criminals (organized criminal groups) and victims in IT technologies.","PeriodicalId":41435,"journal":{"name":"Vestnik Tomskogo Gosudarstvennogo Universiteta-Pravo-Tomsk State University Journal of Law","volume":"4 1","pages":""},"PeriodicalIF":0.1,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"87808044","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":"BIO-LAW AS A NEW GENERATION OF LAW","authors":"I. Umnova-Koniukhova, I. Aleshkova","doi":"10.17223/22253513/41/9","DOIUrl":"https://doi.org/10.17223/22253513/41/9","url":null,"abstract":"The development of national and international biotechnology law in the context of new constitutional priorities, threats and challenges to life, public health and safety, is one of the current and yet under-researched topics in the scientific legal literature. Unfortunately, pro-gress in the life sciences is proceeding faster than the legal thinking that should accompany them. Breakthroughs in biology and medicine dictate the corresponding development of law, which today unfortunately lags chronically behind, resulting in gaps and contradictions between existing legal norms. As contemporary researchers have noted, and as is also evident in judicial practice, the issues of regulating the objects of bio-law - the body, life, procreation, self-identification, and ecology - mirror the contradictions of our society. The need to legally regulate the application of biotechnology has led to the formation of bioclaw as a new, integrated set of laws and, in the long term, as a branch of law of a new generation. As a response to the rapid introduction of advances in biotechnology into human life, we believe that bio-law must take into account the benefits and challenges associated with the impact of new technologies on the human body that may fundamentally alter the human condition as a physical individual. In this case, ethical issues, i. e. the requirements of bioethics, lead to a reflection on the content of bioethics in contemporary democracies and legal states. In particular, the introduction of technologies associated with gene editing, cloning, surrogacy, transplantation medicine, sex reassignment surgeries and other interventions into human nature, the consequences of which are not fully understood and threaten the physical and mental health of individuals, can cause irreparable harm to the spiritual, social, moral and ethical foundations of individuals, families, society, states and humanity as a whole. In our opinion, in the next few decades, bio-law will emerge as a global, integrated branch of law that simultaneously incorporates the norms of international law and national law. The main purpose of bio-law as a new branch of law is to counteract the global threat to humanity which consists in the emergence of a trend toward mass, large-scale changes to human nature and its unique natural qualities through the use of biotechnological advances. Therefore, the object of regulation and, accordingly, protection by this branch of law is not only the individual, his or her physical and spiritual health, but humanity as a whole, current and future generations. The uniqueness of bio-law as a new branch of law also lies in the fact that the individual, humanity, present and future generations are both the objects and subjects of law. The integrated nature of bioprinciples is manifested in the close connection of public and private interests with the obvious predominance of the public significance of their legal norms.","PeriodicalId":41435,"journal":{"name":"Vestnik Tomskogo Gosudarstvennogo Universiteta-Pravo-Tomsk State University Journal of Law","volume":"37 1","pages":""},"PeriodicalIF":0.1,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80732790","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":"ABOUT THE PROBLEM OF CONFLICTABILITY OF INHERITANCE REFUSAL DEALS DURING INSOLVENCY PROCEDURE IN RUSSIA AND GERMANY","authors":"T. Shishmareva","doi":"10.17223/22253513/41/17","DOIUrl":"https://doi.org/10.17223/22253513/41/17","url":null,"abstract":"The possibility of inheritance refusal deals of an insolvent debtor was a subject of discus-sion even in Roman law, in which there were ideas about the impossibility of challenging such a transaction using Actio Pauliana. The problem of the contestability of inheritance refusal deals is investigated using the method of comparative studies with the aim of a deeper scientific and theoretical knowledge of the legal nature of rejection of inheritance in the legal system of Germany, which had a significant impact on Russian law. Main approaches of German legislators to the regulation of refusal of inheritance by the debtor, over whose property an insolvency procedure has been introduced, are indicated, ac-cording to which § 83 Insolvenzordnung specifies that such a transaction was made exclusively by the debtor himself. The author analyzes the German jurisprudence on the disputability of inheritance refusal deals by the insolvent debtor, reveals the legal positions of the Supreme Court of Germany that there are no grounds for challenging such a transaction as aimed at the withdrawal of the assets of the insolvent debtor. Arguments are also presented in favor of the impossibility of challenging the inheritance refusal deals in the doctrine of Germany. The analysis of the Russian inheritance legislation on the rejection of inheritance is carried out. The author defines the nature of the right to acquire an inheritance as a personal right of the heir when deciding to renounce the inheritance both before and after the introduction of the insolvency procedure. In accordance with this definition of the essence of the right to acquire an inheritance, it was concluded that there is no need to receive an approval on the decision of the debtor to accept or refuse the inheritance with the arbitration manager if the debtor enters into inheritance refusal deals during the course of insolvency procedures. The article analyzes the judicial practice that is developing in the Russian legal system re-garding challenging inheritance refusal deals. In jurisprudence, a tendency has been revealed to challenge inheritance refusal deals as suspicious transactions causing property damage to the creditors of the insolvent debtor. It is pointed out that in the modern Russian doctrine, the features of inheritance refusal deals have not been studied. An aspect of current legal system is the concept of “rejection of the inheritance”, which is qualified as the inaction of the debtor, through which he expresses his will to refuse the inheritance. The heir's inaction cannot be challenged on general civil grounds due to his lack of signs of a transaction in the sense in which it is used in the Civil Code of the Russian Federation.The author proves that the rejection of the inheritance does not cause property damage to the creditors, since in this case there is no reduction in the property of the insolvent debtor, and the withdrawal of the debtor's assets is not carried out. The conclu","PeriodicalId":41435,"journal":{"name":"Vestnik Tomskogo Gosudarstvennogo Universiteta-Pravo-Tomsk State University Journal of Law","volume":"566 1","pages":""},"PeriodicalIF":0.1,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"78910867","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":"CIVIL ACTION IN CRIMINAL PROCEEDINGS AS A UNIVERSAL MEANS OF REDRESS FOR PECUNIARY AND NON-PECUNIARY DAMAGE CAUSED BY CRIME","authors":"S. Potapenko, V. A. Sementsov","doi":"10.17223/22253513/40/6","DOIUrl":"https://doi.org/10.17223/22253513/40/6","url":null,"abstract":"The article notes that sufficient reimbursement for injury to victims of crime is an urgent and global issue, for which solution international legal standards, which are regarded as general-ly recognized principles and regulations of international law and international treaties, as well as enactments containing their official interpretation, are significant. The article critically evaluates the point of view of some individual scientists who deny the need to stipulate the civil claim concept the in the Code of criminal procedure of the Russian Federation as it exists in modern Russian criminal proceedings not only due to the historical experience of the legislator, have long appreciated the evident advantages of the united proce-dure, but also in its consistency with foreign trends in the development of this concept, aimed at ensuring the implementation of international standards in the sphere of promotion and pro-tection of the human and civil rights. Despite the fact that the legislator applies different concepts in determining the conse-quences of torts (including crimes) in the regulations of substantive and procedural law as follows: harm and damage, there has been concluded that it is the injury (property or moral) that constitutes the attribute of obligations caused by the injury infliction, which allows the term to be used legitimately when covering issues of reimbursement for injury in criminal proceedings. Taking into account that a civil claim in criminal proceedings is a way to reimburse not only property, but also moral damage caused by a crime, the most urgent issues that need to be resolved are identified as follows: 1) lack of general doctrinal approaches to determining moral injury and its correlation with other types of injury; 2) inconsistency of the current investigative and judicial practice in determining the amount of compensation for moral injury; 3) ineffectiveness of procedural mechanisms for compensation for moral injury caused by a crime. The current judicial practice of refusing to satisfy claims for reimbursement of moral injury in the case of a crime against property, in the absence of violence against the victim and other actions affecting the life, health, and dignity of the individual has been recognized as not complying with the requirements of the law regulating the status of the victim and the civil plaintiff. According to the authors' point of view, the lack of unified approach to determining of the amount of moral injury caused by crimes is due to the evaluative nature of its definition, when there are no clear estimative criteria, which leads to a tendency to reduce the amount of reim-bursement, although reimbursement for moral injury in an adequate amount would more guarantee the restoration of violated rights of citizens in the sphere of criminal proceedings. Since moral injury can be the result not only of a crime, but also of illegal criminal prose-cution or illegal conviction of a person involved in it","PeriodicalId":41435,"journal":{"name":"Vestnik Tomskogo Gosudarstvennogo Universiteta-Pravo-Tomsk State University Journal of Law","volume":"26 1","pages":""},"PeriodicalIF":0.1,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88716557","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":"ABOUT THE ESSENTIAL PROPERTIES OF THE SENTENCE","authors":"M. T. Ashirbekova, E. Zaitseva","doi":"10.17223/22253513/40/3","DOIUrl":"https://doi.org/10.17223/22253513/40/3","url":null,"abstract":"The article analyzes the features of the court sentence, which the science of criminal pro-cedure law traditionally defines as its external properties. The authors justify that such traits of the sentence as exclusivity, obligatory, verity and prejudicialness should be understood not as external, but as essential properties of the sentence. This is explained by the fact that the sentence as an individual act of a sub-regulatory regulation is an additional element of the legal criminal and criminal procedure regulation mechanisms, strengthening their impact on public relations. In this regard, the sentence a priori, regardless of the law-realization activities of the court, must have the properties of exclusivity, generally binding nature, verity and prejudi-cialness, because otherwise, the legal regulation will not achieve its purpose. This is the point of the sentence coming into force, and therefore, in the state of the final law enforcement decision, which means a certain resolution of the criminal dispute. The onset of the mentioned legal condition is associated with the launching of the principle of legal certainty, which ap-plies to the sentence only if there are such properties as exclusivity, generally binding nature, stability (irrevocability, cogency, invariability, and steadfastness), verity and prejudicialness. Prejudicialness and the related presumption of truth are not characteristic of any court deci-sion, but only the sentence, as they are based on the legal reliability of the court's conclusions, which is ensured by the course and the result of the trial, which includes the proof in the judi-cial investigation. Therefore, legal reliability is inherent only in the court's findings obtained during the trial, which is conducted in general order - without exemption from traditional fact-establishment procedures. In the case of the sentence, it should be a degree of legal reliability that allows it to be confirmed externally in the sentence by a legal symbol, i.e. the indication that it is ruled in the name of the Russian Federation. It is substantiated that the sentences, which were ruled in a special order, are illogical to confer on the property of stability because of the lack of legal reliability, which should not only be externally confirmed by the ruling on behalf of the Russian Federation but be also ensured by the entire course of the trial with a full-fledged judicial investigation. Such sen-tences, which were ruled in a special order, should not only be \"blessed\" by the symbol of legal reliability but should also be called in a different way, that will distinguish them from the sentences - full-fledged acts of justice, having all the necessary essential properties. It is argued that the reflection of the \"conciliatory\" nature of such a court decision, which is the result of compromise proceedings in the names of the above sentences, is appropriate. It is proposed to call it a \"conciliation sentence\" - as such it will repres","PeriodicalId":41435,"journal":{"name":"Vestnik Tomskogo Gosudarstvennogo Universiteta-Pravo-Tomsk State University Journal of Law","volume":"44 1","pages":""},"PeriodicalIF":0.1,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82512108","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":"TOPICAL ISSUES OF PRESERVATION AND SALE OF ILLEGALLY FELLED TIMBER AS PHYSICAL EVIDENCE IN CRIMINAL PROCEEDINGS","authors":"N. Skripchenko","doi":"10.17223/22253513/40/7","DOIUrl":"https://doi.org/10.17223/22253513/40/7","url":null,"abstract":"Russia is the largest country in terms of forest area and diversity. The high liquidity of green gold, its demand on the market, especially internationally, the territorial extent, the low standard of living of the population, unemployment, contribute to the commission of crimes in the field of forest protection, among which illegal logging occupies the leading position. The adoption of strategic documents and the reform of sectoral legislation have contributed to the solution of not all problems in the sphere of forest protection and rational use of forests. Among the acute applied problems that arise in counteracting criminal encroachments on the preservation of forest and other plantations are the issues of securing and selling illegally cut timber. Thus, given the volume of illegally harvested timber, the funds received from its sale could \"cover\" government spending on reforestation activities. However, in practice, timber seized during criminal proceedings is sold at prices that differ significantly from the prices determined in the conclusions of experts who assessed it at the time of detection of the crime, or it is written off as illiquidity. This situation can be explained by the fact that, contrary to the provisions of the law of criminal procedure, which allows the sale of large-size physical evidence, the storage of which is difficult, at the stage of preliminary investigation, law enforcement \"prefers\" a sim-pler way - the resolution of this issue in the court verdict. The sluggishness of investigators leading criminal proceedings often results in timber being left at the crime scene or placed in open areas near police buildings without identification of those responsible for its preserva-tion. The lack of conditions to ensure the safety of timber results not only in its damage and deterioration, but also in its loss, including as a result of theft. Amendments to Resolution No. 21 of the Plenum of the Supreme Court of the RF, dated October 18, 2012 \"On application by the courts of the legislation on liability for violations in the sphere of environmental protection and use of natural resources\" would contribute to solu-tion of the above problems. In particular, it is necessary to draw the attention of law enforcers to the need to promptly take measures stipulated by law to ensure the preservation and sale of illegally harvested timber, conducting all the necessary investigative actions in relation to this material evidence in order to ensure evidentiary authenticity.","PeriodicalId":41435,"journal":{"name":"Vestnik Tomskogo Gosudarstvennogo Universiteta-Pravo-Tomsk State University Journal of Law","volume":"18 1","pages":""},"PeriodicalIF":0.1,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"89075950","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 RESPONSIBILITY FOR VIOLATIONS OF THE ELECTION LEGISLATION IN THE CONTEXT OF THE LEGAL STATUS OF ELECTORAL COMMISSIONS","authors":"S. V. Vedyashkin, D. V. Sennikova, E. S. Yusubov","doi":"10.17223/22253513/41/2","DOIUrl":"https://doi.org/10.17223/22253513/41/2","url":null,"abstract":"The article deals with the problems of administrative responsibility for violations of the election legislation; the issue is studied in the context of the legal status of electoral commis-sions. The authors assess the administrative-tort and constitutional-legal provisions, mediating issues and the implementation of administrative responsibility for violations of the election legislation. Attention is drawn to the peculiarities of the legal status of electoral commissions and the functions of their activities. The content of certain issues related to the jurisdiction of election commissions in terms of the implementation of their administrative and tort powers is studied in the article; the analysis of their content is carried out, the problems of practical importance, including an assessment of the legal status of election commissions, are pointed out. When writing the article, the authors used the following methods when writing: system analysis, dialectical, logical, comparative-legal, analysis and synthesis, induction and deduction. As a result of the study, the following results were obtained: – the inconsistency of election and administrative legislation and the practice of their enforcement are also expressed in bringing to justice by corpus delicti, which does neither involve the payment of a fairly significant fine, nor significantly affects the maintenance of law and order; – municipal election commissions as well as other election commissions that do not func-tion outside the election campaigns may additionally need material technical and methodological support in fixing administrative offenses; – legal responsibility in the electoral process needs to be transformed according to the principles of the work of election commissions, expressed in the capacious category of “effec-tive care” for the implementation of passive and active suffrage; – the measures of administrative responsibility, first of all, penalties addressed to candi-dates and electoral associations, cannot exceed the amount of funds spent on average for the election campaign at the lowest level, a spontaneous increase in the size of this sanction is not permissible and needs to be revised, taking into account the proposed indicators; – when updating the institution of responsibility in the electoral process, the principle of federalism should also be taken into account. In this regard, it seems possible to delegate to the legislative (representative) bodies of the subject the right to fix in the legislation on administrative offences the constituent elements of crimes used in the course of municipal elections.","PeriodicalId":41435,"journal":{"name":"Vestnik Tomskogo Gosudarstvennogo Universiteta-Pravo-Tomsk State University Journal of Law","volume":"6 4 1","pages":""},"PeriodicalIF":0.1,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"86418572","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":"REVIEW OF CASES ON NEWLY OPENED AND NEW CIRCUMSTANCES: UNFA-VOURABLE DISTINCTIONS OF THE CRIMINAL PROCEEDINGS","authors":"Alia R. Sharipova","doi":"10.17223/22253513/40/9","DOIUrl":"https://doi.org/10.17223/22253513/40/9","url":null,"abstract":"The article deals with the comparative analysis of the procedure and grounds for reviewing court cases under new and newly discovered circumstances in criminal and arbitration, civil and administrative proceedings. The author proceeds from the idea of common fundamental beginnings of justice in general, and therefore, all types of judicial activities - including an extraordinary review of judicial decisions, which have entered into legal force. The branch specifics of specific procedural institutions should have a special explanation based on the specifics of the branch itself. The author thinks that there is no key basis for reviewing the case on the newly discovered circumstances in the criminal trial and attempts to replace it with one of the new circumstances. In this part, the current criminal procedure law differs unfavourably from the Soviet Criminal Procedure Code (CPC) of the RSFSR of 1960 - among the newly discovered circumstances, there are no those that could indicate a miscarriage of justice made out of direct connection with someone's criminal actions. In the current CPC of the Russian Federation, the list of newly discovered circumstances is closed, and the list of new circumstances that entail the review of the court decisions is, on the contrary, open. Examples of academic papers and administrative enactments justifying such a replacement are given. The author gives his arguments against it and proposes to change the list of grounds for revision, referring to the regulation in other procedural branches, historical and foreign experience. A significant procedural difference of the considered type of extraordinary review of cases in criminal proceedings from other types of proceedings is found. It is the need for applicants to request a review from the prosecutor, not from the court. The greatest objection is the non-alternative procedure: the prosecutor is a participant in the criminal proceedings on the part of the prosecution, he is responsible for the undoubted proof of the charge, which is the basis of the sentence, the abolition of which is requested by another interested person. The negative impact of the prosecutor's mediation between the complainant and the court on access to justice and its quality is argued. It is pointed out that there is no need for prosecutorial checks to resolve the issue of judicial review of the case. The analysis of judicial statistics in different branches of justice shows that criminal proceedings differ sharply by the negligible number of judicial review cases due to newly discovered and new circumstances. The article calls into question the ability to explain this fact by a higher quality of sentences in criminal cases in comparison with other court decisions in other court cases.","PeriodicalId":41435,"journal":{"name":"Vestnik Tomskogo Gosudarstvennogo Universiteta-Pravo-Tomsk State University Journal of Law","volume":"32 1","pages":""},"PeriodicalIF":0.1,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85526333","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 criminal legal situation in ensuring economic security: the state and prospects","authors":"O. A. Zaitsev, S. L. Nudel","doi":"10.17223/22253513/42/3","DOIUrl":"https://doi.org/10.17223/22253513/42/3","url":null,"abstract":"Considering the criminal law situation in ensuring economic security, the authors pay attention to the need for the state to develop and introduce into the law enforcement activities effective mechanisms to ensure strategic national interests. Based on the analysis of statistical data and the results of various academic studies, a general description of the criminal legal situation in economic security in criminalization and decriminalization, penalization and depenalization is given, and the trend of its development is determined. We pay closer attention to the role of forming a public opinion about implementing criminal policy in ensuring economic security that objectively responds to the existing threats from economic crimes. On the one hand, this shows the insufficiency of the measures taken by the state in assessing the criminal law situation. On the other hand, these data are influenced by social and media factors, as well as the ongoing administrative reform. The authors highlight the features of legal regulation of the law enforcement agencies' activities in the goals and objectives of the criminal policy set for them in ensuring economic security. It is noted that reliable prognostic information makes it possible to implement the wording of high-quality criminal law rules. The content of the criminal legal situation under consideration made it possible to assess the actual state of protection of the country's economic sphere and the quality of counteraction to economic crimes. The analysis of the amendments in the Criminal Code of the Russian Federation over the past decade shows that one trend in modern criminal law reform is a return to the previously known construction of the elements of economic crimes with administrative prejudice. The main vector of criminal policy aimed at increasing the level of economic freedoms, exclusion of the facts of unjustified and illegal prosecution of entrepreneurs in case of nonfulfilment of contractual obligations and the reference of these disputes to the administrative and arbitration spheres has been set. The authors' view on the criminal and legal situation in ensuring economic security gives a full picture of its state and further prospects in resolving the most key issues of the theory and practice of activities in countering economic crimes.","PeriodicalId":41435,"journal":{"name":"Vestnik Tomskogo Gosudarstvennogo Universiteta-Pravo-Tomsk State University Journal of Law","volume":"197 1","pages":""},"PeriodicalIF":0.1,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"76033345","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":"POWERS OF THE PRESIDING JUDGE IN A JURY TRIAL IN THE CONTEXT OF ADVERSARIAL PRINCIPLES OF RUSSIAN CRIMINAL PROCEDURE","authors":"T. Ryabinina, D. O. Chistilina","doi":"10.17223/22253513/41/6","DOIUrl":"https://doi.org/10.17223/22253513/41/6","url":null,"abstract":"The main objective is to examine the powers of the presiding judge in jury trials in the context of adversarial principles of criminal proceedings. Particular attention will be paid by the authors to different approaches to the notion of adversariality and the definition of the role of a professional judge in such courts, as well as the degree of his activity during the judicial investigation. The main methods used by the authors were dialectical and systematic method, analysis, synthesis, as well as special legal methods of knowledge. The outcome of the research will be a definition of the role of the presiding judge in a jury trial. Forms of criminal procedure that allow the individual to directly participate in the deci-sion-making process of the judiciary are responsible for ensuring citizen participation in the administration of justice in the state. Two such forms have been developed in the world practice so far: the classical jury trial model and the Scheffen model. Each of them provides certain (broad or narrow) powers of a professional judge, the scope of which determines the degree of independence of citizens and the ultimate prospects for the development of a system of popular democratic justice in an adversarial system of criminal proceedings. In today's Russia, the classical jury trial model, modeled after the English jury trial, does not provide for broad powers of the court. In addition, there is the adversarial principle in Russia, which is fostered by the existence of jury trials. However, strict adherence to its provisions may lead to a misunderstanding of the role of the presiding judge in such a court. The activity of a professional judge should be balanced in accordance with the needs of the criminal case under consideration. Thus, requesting additional evidence in the course of the trial in order to verify existing evidence should not be considered a violation of the adversarial principle. Thus, the development of the optimal model for jury trial functioning as well as the determination of the presiding judge's role in the context of adversarial principles of criminal proceedings is a socially-systemic task. It requires a comprehensive dogmatic, comparative-legal and political-legal approach in order to develop the jury trial model which is more con-sistent with the legal system of the state.","PeriodicalId":41435,"journal":{"name":"Vestnik Tomskogo Gosudarstvennogo Universiteta-Pravo-Tomsk State University Journal of Law","volume":"74 1","pages":""},"PeriodicalIF":0.1,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"86996445","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}