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

{"title":"Development of \"green economy\" in Russia: legal aspects","authors":"A. Ryzhenkov","doi":"10.17223/22253513/45/15","DOIUrl":"https://doi.org/10.17223/22253513/45/15","url":null,"abstract":"The article proves that green economy is a new economic and legal concept that involves the use of not only legal prohibitions and restrictions but also economic incentives to increase the efficiency of the use of natural resources, the development of technologies, the growth of environmental investments, which will reduce anthropogenic pressure on the state of Russian ecosystems and ensure the growth of the well-being of citizens. The development of green economy in the Russian Federation requires a set of economic, organizational and legal measures, among which the following should be highlighted: 1) economic incentives for building green economy in Russia (development of a mechanism for financing environmental projects; development of a system for trading carbon units in order to reduce greenhouse gas emissions; introduction of elements of a circular economy in order to reduce the formation and improve the processing of production and consumption waste; elimination of objects of accumulated environmental harm). 2) it is necessary to increase the role and importance of the system of civil law contracts for the implementing the tasks of building a green economy in Russia (environmental insurance contracts, environmental audit, provision of services in ecological tourism, etc.). Of particular importance is the stimulation of public-private partnerships for the transition to the green standards. 3) it is necessary to identify the main directions of implementation of green economy standards in certain spheres of human activity (legal regulation of the features of the transition to a green economy in industry, construction, communications, transport, energy, agriculture). 4) the introduction of green economy standards to ensure the rational use and protection of natural objects (forests, waters, lands, subsoil, wildlife and atmospheric air). In its turn, this will bring us closer to solving the problems of climate protection and the ozone layer. Special attention should be paid to the introduction of green economy standards for the development of certain territories with a special environmental and legal regime. The guarantees (conditions for the implementation) of these measures should be the attraction of environmental investments, reforming the system of environmental governance bodies, raising the level of environmental and legal culture (which is especially important for creating a demand for environmental goods and services, for example, organic farming products or ecotourism), the development of environmental entrepreneurship, the growth of the tax burden on \"environmentally dirty\" industries, the development of a system of benefits and loans for introduction of environmental technologies, increasing green procurement. The implementation of these measures will also contribute to the solution of several economic and social problems (an increase in the number of green jobs, living standards, etc.). The author declares no conflicts of interests.","PeriodicalId":41435,"journal":{"name":"Vestnik Tomskogo Gosudarstvennogo Universiteta-Pravo-Tomsk State University Journal of Law","volume":"116 1","pages":""},"PeriodicalIF":0.1,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88554128","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":"Criminological characteristics of the personality of a criminal who has committed embezzlement, alienation, concealment or illegal transfer of the entrusted property subjected to inventory or arrest","authors":"A. Antonov, Sergey A. Denisov, Arseniy A. Kiryanov","doi":"10.17223/22253513/43/2","DOIUrl":"https://doi.org/10.17223/22253513/43/2","url":null,"abstract":"The history of criminal law and criminology shows that the discussion about the identity of the criminal is already very old, but it still raises high interest. The interpretation of this issue does not remain unchanged. The analysis of the criminological characteristics of a person who has committed a crime provided for in Part 1, Article 312 of the Criminal Code of the Russian Federation has a certain specificity, since the corresponding crime includes one of the special subjects - an individual, a sane person who has reached the age of liability and who is entrusted with property subjected to inventory or arrest. The authors examined the data of judicial statistics, which make it possible to draw a conclusion and highlight the most common signs of the identity of a criminal who has committed illegal actions in relation to the property subjected to inventory or arrest. It is possible to distinguish typical signs of the identity of a criminal who has committed illegal acts in relation to the property subjected to inventory or arrest: 1) The corpus delicti under study is often committed by persons aged from 30 to 49. Men and women of 50 and older are much less likely to commit illegal acts in relation to the property subjected to inventory or arrest, but they make up the second group of persons in terms of the frequency of committing the crime. The least number of persons convicted were under the age of 30 at the time of the commission of such a crime. 2) Men are more than twice as women commit illegal acts against property that has been inventoried or arrested. 3) Almost all the crimes under study are committed by citizens of the Russian Federation with a permanent place of residence. 4) Most of the potential criminals have secondary education (general or vocational). 5) Most convicts are able-bodied persons without a permanent source of income, i.e. unemployed. 6) Often, the crimes that provide for criminal liability under Part 1, Article 312 of the Criminal Code of the Russian Federation are committed by persons who had unexpunged and unspent convictions. Most often, they had unexpunged and unspent convictions at the time of the trial for crimes of minor gravity. Despite this, the personality of the criminal does not have an increased social danger, but the propensity and probability of committing a new crime is stable (high). Thus, in order to prevent the crime enshrined in Part 1, Article 312 of the Criminal Code of the Russian Federation, a differentiated assessment of the personality properties of the person who is entrusted with a certain property is important. Contribution of the authors: the authors contributed equally to this article. The authors declare no conflicts of interests.","PeriodicalId":41435,"journal":{"name":"Vestnik Tomskogo Gosudarstvennogo Universiteta-Pravo-Tomsk State University Journal of Law","volume":"21 1","pages":""},"PeriodicalIF":0.1,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"86499186","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 public danger of illegal access to computer information","authors":"A. Antonov, E. Zorina, Dmitry V. Kryukov","doi":"10.17223/22253513/44/1","DOIUrl":"https://doi.org/10.17223/22253513/44/1","url":null,"abstract":"The article examines the public danger of unauthorised access to computer information, including the nature of the damage caused by such an act to social relations and the threat of its infliction. The authors of the article consider that consequences of illegal access to computer information, such as copying, blocking, modification or destruction are not always socially dangerous. Public danger of this crime lies in its \"cumulative effect\" - its ability to cause damage to other objects of criminal protection. At the same time, the nature and degree of social danger of encroaching on information does not depend on the fact that it is in electronic form, but on its content and value. The authors conducted a sociological survey, according to which a significant proportion of the population recognises the danger of computer crimes as insignificant. The analysis of judicial practice reveals that the harm caused by such crimes is, in most cases, insignificant. The negative consequences for the convicted person, expressed in the imposition of a real sentence and a criminal record, are disproportionate to the extent of the harm caused. This raises doubts as to the validity of the criminalisation of the act under Article 272 of the Criminal Code of the Russian Federation. Public danger of the crime provided for by part 1 of article 272 of the Criminal Code of the RF consists in the ability to cause harm to public relations and in the threat of committing other crimes. Therefore, we refer it to the crimes of cumulative danger, public danger of which increases due to the cumulative effect - the potential probability of causing harm to other objects of criminal-legal protection. In this case, the considered crimes will have public danger in case of infliction of substantial harm to public relations, which, in fact, causes its further development. In such circumstances, there are reasonable doubts as to whether the criminalization of the deed stipulated by part 1 of article 272 of the Criminal Code of the RF as an independent crime is justified. At the same time, if we refer to the Code on Administrative Offences of the Russian Federation, in it can be found such unlawful acts, the public danger of which is more obvious. These include, for example, violation of sanitary and epidemiological requirements for drinking water, as well as drinking and domestic water supply (article 6.5), concealment by a person suffering from HIV or venereal disease of the source of infection (article 6.1), non-compliance with the rules and regulations on prevention and liquidation of emergency situations (article 20.6). The authors declare no conflicts of interests.","PeriodicalId":41435,"journal":{"name":"Vestnik Tomskogo Gosudarstvennogo Universiteta-Pravo-Tomsk State University Journal of Law","volume":"50 1","pages":""},"PeriodicalIF":0.1,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"86854727","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 relationship between the act of management and the law in new realities","authors":"Sergei M. Zubarev","doi":"10.17223/22253513/45/5","DOIUrl":"https://doi.org/10.17223/22253513/45/5","url":null,"abstract":"The article deals with the problem of the correlation between the act of management and the law in domestic jurisprudence. Based on a systematic analysis using historical-legal, formal-legal and comparative-legal methods, the dominance of the law over the acts of management in the doctrine of administrative law and normative sources has been substantiated. At the same time, in modern Russia, there are situations when acts of management begin to play a leading role in the system of legal regulation. In the context of new realities, the author analyzed both trends in the development of legal acts of management and the risks associated with this process. The study resulted in the following conclusions: - today the legal act of management is both the basic element of public administration as management decision, and one of the key institutions of administrative law as management law; - new issues requiring scientific and regulatory resolution are: 1) wider use of the term \"act of management\", its adaptation in relation to the norm-setting of various subjects and levels of a single system of public power; 2) determination of the essence and place in the system of legal acts of management of their new types (instructions of the President of the Russian Federation; acts containing explanations of legislation and having regulatory properties; documents of strategic planning); 3) systematization of the types of legal acts of management and their legal status. - in post-Soviet Russia, there were situations when acts of management came to the fore, replacing (replacing) legislative regulation in the most important areas of public relations: the 1990s, when \"law-substituting\" decrees of the President of the Russian Federation were adopted on many important issues; pandemic conditions. The Constitutional Court of the Russian Federation confirmed the legitimacy of such regulation in the first and second cases. - in the conditions of unprecedented external economic pressure on the country in late February - early March 2022, the acts of the President of the Russian Federation introduced special economic measures in connection with the unfriendly actions of foreign states. Many provisions of the decrees contain not only serious restrictions on the rights and freedoms of individuals and legal entities, but also suspend the operation of certain legislative norms. However, the issuance of the relevant acts by the head of state is expressly provided for in the norms of the federal laws \"On Security\" and \"On Special Economic Measures\". Currently, acts of management occupy a de facto dominant position in the legal system of Russia. The positive thing here is that they allow us to respond quickly to new challenges, those unprecedented measures of sanction pressure that Russia is facing today. However, there are significant risks of such domination: legal, political, economic, organizational and technical, social, etc. The most expedient to minimize these risks seems to","PeriodicalId":41435,"journal":{"name":"Vestnik Tomskogo Gosudarstvennogo Universiteta-Pravo-Tomsk State University Journal of Law","volume":"99 1","pages":""},"PeriodicalIF":0.1,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85503368","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":"Threats to the security of educational institutions (criminological study based on an anonymous online survey of students)","authors":"Vladislav S. Solovjev","doi":"10.17223/22253513/43/8","DOIUrl":"https://doi.org/10.17223/22253513/43/8","url":null,"abstract":"The aim was to assess the scale and manifestation of security threats in educational institutions in Russia, the Republic of Abkhazia and the Republic of South Ossetia. For this purpose, an anonymous Internet survey of 1,075 students was conducted between March and June 2019. The questionnaire included 2 sets of questions - about some of the characteristics of the interviewees (gender, age, place of residence, type of educational institution where they study) and about various security threats in educational organisations. The answers given by students in different territories were compared, and a correlation was established between security threats and the level of juvenile criminal activity. More than 40 per cent of the students were inclined to believe that a situation could occur in their educational institutions where the actions of the students could lead to death or serious harm. Over 60 per cent of respondents said that they would be able to bring weapons or explosive devices into their educational institutions. More than half of the students had encountered the display of cold weapons in educational institutions. Respondents also noted that they had seen gas, pneumatic, traumatic, hunting, military firearms, and explosive devices in educational institutions. About 6% of those surveyed believe that there are those among the students at their educational institutions who admire teenagers who have killed people in schools and colleges, consider them their idols, and seek to emulate them. Students are interviewed about the tragedies of homicide and serious harm to health in educational establishments. Class teachers are the most active in conducting such discussions, followed by law enforcement officials, psychologists, and representatives of the administration of educational institutions. Almost every fourth Russian respondent answered that his or her educational institution had not conducted talks about tragedies related to homicide and serious harm to health in educational institutions. One in five respondents answered that there had been conflicts in their educational institution as a result of which someone had been killed or seriously injured. Over 37% of respondents said that there were students who were mocked and humiliated in their classes (groups), with over 23% believing that they could avenge humiliation by killing or causing serious harm to their health. More than 37% of respondents believe that there are those who live by the thieves' ideology among the students in their educational institutions. About 4% of respondents met students in their educational organisations who collect money from others \"for the common fund\", \"to warm up the area\", i.e. for criminals. The results of the study can serve as a means of criminological monitoring of the security of the educational environment, become the basis for selecting objects of prevention, and be used as a methodological basis and source of empirical information for criminological ","PeriodicalId":41435,"journal":{"name":"Vestnik Tomskogo Gosudarstvennogo Universiteta-Pravo-Tomsk State University Journal of Law","volume":"19 1","pages":""},"PeriodicalIF":0.1,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90813728","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 law enforcement discretion in the court's assessment of evidence in a legal case","authors":"Y. Onosov","doi":"10.17223/22253513/47/11","DOIUrl":"https://doi.org/10.17223/22253513/47/11","url":null,"abstract":"In this article, a detailed analysis of the term \"judicial discretion\" has been carried out. From the totality of the positions of legal scholars studied, a narrow conclusion was made that judicial discretion is a subjective right to a limited variability of actions. Regarding the differentiation of the terms \"judicial discretion\" and \"judicial discretion\", the conclusion was formulated that the authorized subject of judicial discretion, as well as judicial, will always be a court represented by a judge. Consequently, for the purposes of this article, these concepts were used as synonyms, since, according to the authors, there are no reasonable grounds for their differentiation. Investigating the issue of judicial discretion when assessing evidence by the court in civil cases, an argument was formulated that in law enforcement practice it is traced that the specifics of each civil case are individual and it is impossible to provide all the details of any particular case in the legal norms. It is at this stage that the limited freedom of the court opens up when forming internal attitudes in a particular legal case, and, in particular, for the application of judicial discretion. Studying the problem of judicial discretion in the process of evaluating evidence by the court, it was impossible not to see its connection with the judge's inner conviction. The authors concluded that it is the judge's inner conviction that will play a primary role in the court's assessment of evidence. The article formulated the position that in terms of the court's assessment of evidence, a certain \"limit\" of judicial discretion is the requirement of procedural codes that the motivational part of the court's decision should indicate the reasons for which the court rejected certain evidence. Thus, applying judicial discretion, the judge is in any case obliged to motivate the adoption of such a decision and justify the choice of this option, in no way going beyond the scope of a specific legal case in his conclusions. According to the results of the study of specific examples from judicial practice, it became clear that the ambiguity in determining the motives for which the court made a particular decision entails an appeal of judicial acts, and, subsequently, their cancellation, which negatively affects statistics and belittles the authority of the judicial system. It follows from this that the gaps in legislative regulation in terms of the categories studied in this article have long been in need of filling. The diversity of the interpretation of concepts leads to a kind of \"thinking out\" and the lack of unity in the application of these categories in practice. In the absence of achieving legal consolidation of the content of these concepts and their boundaries, there will always be a risk of going beyond their limits, which each specific subject will determine independently.","PeriodicalId":41435,"journal":{"name":"Vestnik Tomskogo Gosudarstvennogo Universiteta-Pravo-Tomsk State University Journal of Law","volume":"38 1","pages":""},"PeriodicalIF":0.1,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"77388869","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 legal system of Scotland","authors":"V. Kozhevnikov","doi":"10.17223/22253513/44/11","DOIUrl":"https://doi.org/10.17223/22253513/44/11","url":null,"abstract":"This research paper analyses the Scottish legal system, which both legal theory and comparative jurisprudence often treat very superficially. It is usually just an observation that the Scottish legal system is not subordinate to English law. The paper describes the history of formation and development of the Scottish legal system, drawing attention to the French legal orientation on the one hand and to the strengthening of the common law tradition on the other. The paper also highlights the Scottish legal system, the criminal court system, the criminal procedure, the civil court system and the lower courts as being significantly different from English law for historical reasons. The paper describes the legal sources of law - case law and legislation, as well as certain branches of law. Emphasising that the Scottish legal system is part of a mixed (hybrid) legal family as a result of state-legal integration and convergence of legal systems, the latter must be distinguished from a mixed (pluralistic) legal family which combines elements of the common law legal family with elements of the Romano-Germanic legal family as well as with institutions of traditional and religious legal systems. In conclusion, it is emphasised that, firstly, the actualisation of mixed legal systems is largely linked to globalisation; secondly, it is argued that mixed legal families should be taken into account in their classifications. The author declares no conflicts of interests.","PeriodicalId":41435,"journal":{"name":"Vestnik Tomskogo Gosudarstvennogo Universiteta-Pravo-Tomsk State University Journal of Law","volume":"07 1","pages":""},"PeriodicalIF":0.1,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"78269901","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":"Professional pensions in Russia: problems and prospects","authors":"G. G. Pashkova","doi":"10.17223/22253513/44/13","DOIUrl":"https://doi.org/10.17223/22253513/44/13","url":null,"abstract":"The article substantiates the need to reform the pension system of the Russian Federation. According to the author, the most effective way to reduce the financial burden on the Pension Fund of the Russian Federation is to reform the institution of early (preferential) pensions, because the scale of providing preferential pensions in Russia is unparalleled in world practice. The article examines the history of concessional pension provision in Russia and the stages of reforming the pension system in sufficient detail. The author examines the measures that were planned in the 1995 Concept of Reform for the introduction of a three-tiered pension system, which would have included as one of its components a non-state (supplementary) pension in the form of professional pension systems of individual organizations, industries, territories, as well as personal pension savings in non-state pension funds or insurance companies. Then the article examines the Programme of pension reform of 1998, draft federal laws \"On the Fundamentals of Pension Reform in the Russian Federation\", \"On compulsory professional pension systems in the Russian Federation\", in which quite reasonable measures to change the institution of early pensions were proposed. The author notes with regret that the above draft laws did not receive further consideration and were withdrawn from consideration because the main issue concerning the financing of occupational pensions remained unresolved. The article discusses the main directions of the Strategy for Long-Term Development of the Pension System (until 2030), one of which is also reforming the institute of early pensions. Summarizing the results of the study, the author draws a disappointing conclusion that over the past 30 years the idea of introducing occupational pensions has not yet found real implementation, and the existing institution of concessional pensions now covers an even wider range of persons than it did in the Soviet period. The author fears that the introduction of an occupational pension system may not materialise in the next few years, given the current economic crisis, labour market problems and a difficult demographic situation. Nevertheless, the author hopes that the next phase of pension reform announced by the Russian Government will lead to real progress in introducing the occupational pension system in Russia as well. There is no doubt that the need to resolve this problem is long overdue, and effective measures should be taken as soon as possible. All the more so because the regulations already adopted over the years, which were discussed in this study, provide quite adequate and feasible measures for reforming the Russian pension system. The author declares no conflicts of interests.","PeriodicalId":41435,"journal":{"name":"Vestnik Tomskogo Gosudarstvennogo Universiteta-Pravo-Tomsk State University Journal of Law","volume":"1 1","pages":""},"PeriodicalIF":0.1,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"83201106","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":"Justice as the primary basis of equality of all before the law and court in the criminal procedure of Russia","authors":"V. Azarov","doi":"10.17223/22253513/43/1","DOIUrl":"https://doi.org/10.17223/22253513/43/1","url":null,"abstract":"The article presents the results of the historiographic studies of the principle of equality of all before the law and court in the criminal procedural legislation of Russia. Considering the importance of the above principle for the formation of the authority of the judiciary, the author substantiates its fundamental role in the assessment by the population of the country of the presence and reflection in the law of justice as the core category of the genotype of the Russian nation. The positions of opponents of the legislative decision about the reflection of the category of «objective truth» in the text of the Criminal Procedure Code of the Russian Federation are analyzed, the inconsistency and even the perniciousness of introducing the artificial concept of «legal justice» into the theory and practice are shown. The comparative characteristics of the textual expression of the principle of equality of all before the law and court in various legislative acts of the Russian Federation are given. On this basis, the preferred wording of this principle in the Criminal Procedure Code has been formulated. The segments of the content of the concept of justice in criminal proceedings are interpreted. From the standpoint of social justice, the redundancy of the presence in Chapter 52 of the Criminal Procedure Code of the Russian Federation of a large detachment of representatives of all branches of state power of Russia, endowed with additional privileges in criminal proceedings, is shown and commented on. The directions of changing the procedure for criminal proceedings against state and municipal employees, as well as the limits of their inviolability in the sphere of activity of criminal justice bodies, have been identified and substantiated. The evidence for the expediency of the direct participation of federal judges of courts of general jurisdiction in resolving the issues of restriction, suspension and deprivation of immunity of state and municipal employees for their criminal prosecution is given. The history and causes are studied, the initiators and conditions for the creation of the above section of the Criminal Procedure Code of the Russian Federation are revealed, an assessment of its compliance with the typology and traditional ideology of the national criminal procedure is given. The most suitable options for legislative solutions that allow minimizing reputational losses for all branches of state power in cases of bringing their representatives to criminal liability are discussed and selected. A scheme of legislative work to optimize the content of the above section of the Criminal Procedure Code and to strengthen the principle of equality of all before the law and court and justice in the sphere of activity of criminal justice bodies is proposed and substantiated.","PeriodicalId":41435,"journal":{"name":"Vestnik Tomskogo Gosudarstvennogo Universiteta-Pravo-Tomsk State University Journal of Law","volume":"37 1","pages":""},"PeriodicalIF":0.1,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"76565907","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":"Standards of implementation of the right to appeal and review of interlocutory decisions rendered at the pre-trial stage of criminal proceedings","authors":"Polina O. Gertsen, Tatyana V. Trubnikova","doi":"10.17223/22253513/44/4","DOIUrl":"https://doi.org/10.17223/22253513/44/4","url":null,"abstract":"Under Article 46 of the Russian Constitution, everyone is guaranteed judicial protection of his or her rights and freedoms. This right must also be realised in criminal proceedings, including during the pre-trial stage of the proceedings. At the same time, the Constitutional Court of the Russian Federation has not formulated in sufficient detail how the right to judicial protection should be realised in the course of the court's interlocutory ruling and its review. In searching for standards for the implementation of the right to appeal and review of interlocutory decisions rendered at the pre-trial stage of criminal proceedings, the authors refer to the provisions of the European Convention as interpreted by the ECHR as legal provisions correlating with the human rights enshrined in the Russian Constitution. For this purpose, more than 50 ECHR judgments and the positions of contemporary domestic and foreign legal scholars have been studied. The authors identified a list of standards of the Convention applicable in case of violation of the right to appeal and interlocutory review, which include the standards guaranteeing protection of fundamental individual rights: Article 5 (right to liberty and security of person), Article 8 (right to respect for private and family life, home and correspondence), Art. 1 Protocol No. 1 (right to protection of and respect for property) as well as the rules laying down the minimum requirements for appeal or review procedures: Article 5(4), Article 6 (right to a fair trial), Article 13 (right to an effective remedy). An analysis of the ECHR legal positions laid down the requirements for an appeal or review procedure against a court decision on \"deprivation of liberty\" (remand in custody, house arrest, prohibition of certain actions, placing a person in a hospital for forensic medical or forensic psychiatric examination). Such a procedure must meet minimum fair trial standards and be urgent and effective. The authors also substantiate the identification of general and specific standards of effective remedy in relation to the procedure of appeal and review of interlocutory decisions rendered at the pre-trial stage of criminal proceedings. Thus, the procedure will be effective if it is accessible, sufficient and expeditious and if the appeal and review of the interlocutory decision can result in the reversal of the appealed decision and the \"rectification of the disputed situation\". Private standards apply to cases of appeal and review of specific interlocutory decisions that are made in secret, e.g. an order to monitor and record telephone conversations, obtain information on connections between subscribers and subscriber devices, etc. In such cases, the moment the right to an effective remedy arises is linked to the moment when the person becomes aware (is notified) of the procedural actions taken. On the basis of the analysis of the ECHR legal positions, proposals for improving the criminal procedure legislation we","PeriodicalId":41435,"journal":{"name":"Vestnik Tomskogo Gosudarstvennogo Universiteta-Pravo-Tomsk State University Journal of Law","volume":"71 1","pages":""},"PeriodicalIF":0.1,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"75530076","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}