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

{"title":"Problems of implementation of the principle of universal suffrage","authors":"E. S. Yusubov, A. Makartsev","doi":"10.17223/22253513/47/9","DOIUrl":"https://doi.org/10.17223/22253513/47/9","url":null,"abstract":"The article presents the results of a study of the theoretical foundations of the principle of universal suffrage, the practice of its implementation. The analysis of the decisions of the Constitutional Court of the Russian Federation, the European Court of Human Rights in which it is reflected is carried out. The authors note that the elections of deputies of the State Duma of the VIII convocation and regional parliaments, which took place in September 2021, once again in the history of electoral democracy in Russia intensified the problem of limiting passive suffrage. The transience of updating the electoral legislation in terms of restrictions on subjective suffrage, the absence of substantial or other discussion of it by the expert community is noted. According to the authors, the modern electoral legislation of Russia as a whole demonstrates a fairly high level of formalization of norms and develops outside the logic of including \"soft\" methods of legal regulation, ethical and moral values in the electoral process. The imperative method is traditionally regarded as the most prevalent and effective in regulating electoral relations, determining the status of the main subjects of the electoral process. The conducted historical and legal analysis of the electoral law demonstrates that almost all periods of its formation were accompanied by restrictions on the right to vote and be elected. This conclusion is directly related to both the domestic and foreign history of electoral democracy. The restriction of passive suffrage in the conditions of recognition of political and ideological diversity as one of the principles of the constitutional system of Russia can lead to conflict caused by the status, sociopsychological assessment of one's own lack of demand or unrealizability. Particular attention was paid by the authors to the practice of implementing the provisions of the electoral legislation that enshrine the refusal of registration of candidates or its cancellation on the basis of their possession of foreign financial instruments, involvement in the activities of extremist organizations. The problem of guarantees of passive suffrage has actualized discussions about constitutional identity. The concept of constitutional identity in modern constitutional and legal science has not yet been properly developed. The scientific, practical and political interest of constitutional identity, as a rule, increases in connection with the interaction of international and national law and order. Constitutional identity means the consolidation in the Constitution of the Russian Federation of values, principles and norms that are conditioned by the natural laws of constitutional development.","PeriodicalId":41435,"journal":{"name":"Vestnik Tomskogo Gosudarstvennogo Universiteta-Pravo-Tomsk State University Journal of Law","volume":"70 1","pages":""},"PeriodicalIF":0.1,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"86273761","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 development of private medicine in the context of restrictions and new risks","authors":"Ekaterina Ananyeva, M. Makhiboroda, K. V. Yunusova","doi":"10.17223/22253513/47/10","DOIUrl":"https://doi.org/10.17223/22253513/47/10","url":null,"abstract":"This article deals with issues that are directly related to the regulatory legal regulation of the health care system in the Russian Federation. The paper analyzes the norms regulating both the provision of medical services itself and the developing activities of entrepreneurs in the field of providing medical services on a paid basis. Today, the state's policy is aimed at forming a healthy lifestyle of civil society, at making them aware of the value of life and health. in the context of the emergence of new risks and, in this regard, the introduction of new restrictions in the life of society. In this light, the development of private medical practice already has a very different meaning. The fear of people when contacting doctors in state polyclinics, the need for a long time to stay in queues for tests, leads to the desire of people to increasingly turn to private clinics, in which the appointment is made by appointment at a certain set time, and tests can be passed not according to the strictly limited two hours in state medical institutions, but choose a more suitable and convenient time. Problems of providing medical services and medical care were analyzed during data collection through interviews and interviews with patients of polyclinics and ordinary citizens who want to express their opinions. The analysis of the legislation that changed in late 2020 - early 2021 brought some information on positive and not quite innovations that are already in effect on the territory of the state. The paper analyzes the regulatory legal acts that allow the state institution of the Russian healthcare system to provide medical services on a paid basis. The problems that require legislative regulation for the foundations of the activities of private medical institutions for the provision of medical care, medical services and counseling of citizens who have applied to them are considered. The results of the study show that it is possible to make certain changes in the activities of the health care system of the Russian Federation by organizing co-financing of patients from insurance organizations, associated with the use of a progressive taxation scale, as well as the obligation of private clinics to provide certain types of services, for example, counseling, in the direction issued by a state medical institution in the absence of a narrow specialist. Consequently, the development of domestic health care, taking into account a fairly wide range of services provided under compulsory health insurance policies, can be assessed positively. To regulate the activities and development of private business in the organization and operation of medical institutions, it is necessary to introduce rules that allow you to control the tariffs for services and assistance provided, contracts and agreements offered to those who apply, as well as to introduce a system of expert assessments to facilitate the resolution of disputes arising on the work of medical institutions o","PeriodicalId":41435,"journal":{"name":"Vestnik Tomskogo Gosudarstvennogo Universiteta-Pravo-Tomsk State University Journal of Law","volume":"49 1","pages":""},"PeriodicalIF":0.1,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"87588436","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":"Bioethical prerequisites for the civil status of the recipient in the oocyte donation program","authors":"T. Krasnova","doi":"10.17223/22253513/45/12","DOIUrl":"https://doi.org/10.17223/22253513/45/12","url":null,"abstract":"The article deals with the conceptual aspects of the civil law position of the recipient in the oocyte donation program based on an interdisciplinary method. In jurisprudence, this problem was identified in the framework of studies of artificial human reproduction, but was not the subject of independent research. The author analyzes the bioethical prerequisites for improving legislation. Bioethical determinants and additional arguments testifying in favor of a medicalized approach to understanding the essence of assisted reproductive technologies are revealed. The directions of consistent reflection of the medicalized approach in the system of domestic legislation have been determined. Inconsistencies were found in the understanding by lawyers of the ambiguity of medical terminology in assisted reproductive technologies. The directions of consistent reflection of the medicalized approach in the system of domestic legislation have been determined. Inconsistencies were found in the understanding by lawyers of the ambiguity of medical terminology in the field of assisted reproductive technologies. The author produced systematics of the fundamental terms denoting the methods and programs of artificial reproduction. The principle of the priority of natural conception as a fundamental principle for legislative transformations in artificial reproduction has been formulated and substantiated. In line with the medicalized approach and the formulated principle of the priority of natural conception, a regulatory framework for regulating oocyte donation directly has been determined, taking into account its specifics and differences, in particular, from sperm donation. It is argued that the use of donor oocytes is not a method of treatment, but is a way to solve the problem of infertility. This is important for legal regulation and is proposed for consolidation at the legislative level. The author has formulated some necessary legal provisions, the adoption of which seems necessary: the Law \"On Bioethics\" and \"On Gamete Donation\". The grounds for participation in the oocyte donation program as a recipient in the current legislation have been investigated. The criteria for civil legal identification of the recipient of oocytes are analyzed: the state in marriage, the unregistered stable relationships, age, state of reproductive health and others. Legal lacunae have been identified and the proposals to eliminate them have been made. The possibility of acting as a recipient of oocytes for women aged 15 to 49 years inclusive, regardless of her marital status or a sexual partner or for medical reasons, has been substantiated. In accordance with this conclusion, regulatory transformations are proposed. The accompanying legal requirements and recommendations are given (for example, concerning the issues of issuing a notarized power of attorney for participation in the oocyte donation program; the possibility of participating in the program regardless of the consent ","PeriodicalId":41435,"journal":{"name":"Vestnik Tomskogo Gosudarstvennogo Universiteta-Pravo-Tomsk State University Journal of Law","volume":"3 1","pages":""},"PeriodicalIF":0.1,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"89114377","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 question of referring the Russian legal system to the Romano-Germanic legal family","authors":"Ludmila V. Haag","doi":"10.17223/22253513/43/3","DOIUrl":"https://doi.org/10.17223/22253513/43/3","url":null,"abstract":"Russian legal system is like the legal systems of the countries of the Romano-Germanic legal family on formal grounds. The Russian legal system, as well as the legal systems of the Romano-Germanic legal family, are characterized by such features as the influence of Roman law on the formation of the legal system; recognition of a normative legal act as the main source of law, among which the law occupies the supreme position; codification of the current legislation; division into public and private law and division of law into branches. When writing the article, the author used the following methods: system analysis, dialectical, logical, comparative, analysis and synthesis, induction and deduction. She got the following results: - the Romano-Germanic legal family developed regardless of the tendencies of increasing the centralization of power and the achievement of political goals; - civilizational flows from Europe and Asia influenced the development of Russia. The Golden Horde also had a considerable influence. In society, relations of citizenship were established, as in the East, and not those of vassalage, as in the West. The main difference between the formation of Russian society and the West lies in the fact that in the Russian state there was a steady process of leveling the individual, destroying the autonomy of society and complete subordination of the subjects to the power of the Grand Duke and Tsar; - the most important feature of the Romano-Germanic legal family is the reception of Roman law; - Roman law had less influence on the Russian legal system; - the peculiarity of historical development led to the differences in the essence, content and structure of Russian law and the legal systems of the Romano-Germanic legal family; - the Romano-Germanic legal family is based on natural law. A clear division into private and public law and branch division is typical; - the law in the countries of the Romano-Germanic legal system is considered as a means of maximally clear presentation of the rules of law based on natural law principles that ensure their uniform implementation and application; - in the Russian legal system since the days of the USSR, the importance of a law was the most natural way of creating the law, which at the same time is identified with the will of the ruling class, which does not always meet the real needs of society, its level of development; - a tendency to legal nihilism has always characterized legal consciousness in Russia; - the presence of formal and legal similarities between the Russian legal system and legal systems of the Romano-Germanic legal family makes it possible to move toward their rapprochement not only in terms of formal but also on substantive characteristics. The author declares no conflicts of interests.","PeriodicalId":41435,"journal":{"name":"Vestnik Tomskogo Gosudarstvennogo Universiteta-Pravo-Tomsk State University Journal of Law","volume":"40 1","pages":""},"PeriodicalIF":0.1,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"74201476","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":"Legal regulation of independent activity of individuals: socio-economic aspects","authors":"N. Savenko","doi":"10.17223/22253513/47/15","DOIUrl":"https://doi.org/10.17223/22253513/47/15","url":null,"abstract":"The article examines the axiological, socio-economic value of law in regulating the independent activity of individuals on the basis of legislation and doctrine. Attention is focused on the fact that law is a social regulator. The relevance of the study is dictated by the fact that at the legislative level, ensuring the growth of incomes of the population, increasing the number of employed people through the development of entrepreneurship and self-employment is ranked as national goals and strategic objectives for the development of Russia. Based on an interdisciplinary approach (using categories and tools from the field of sociology, philosophy, economics and law), a historical and dogmatic approach, the essence and significance of the independent activity of individuals in its various forms is investigated. It is shown that at present there is an urgent need to use sociological, philosophical approaches in the study of certain socio-legal phenomena. This will in a certain way contribute to the effectiveness of legal regulation of independent activity of individuals. The article proves that the legislator, when establishing legal regimes for certain forms of independent activity of citizens, does not take into account the essence and significance of this activity in the universal (philosophical, psychological) and social aspects, as well as the postulates of justice and morality. In this connection, the classification of forms of independent activity of individuals is proposed. Taking into account the national priorities and strategic objectives of Russia, the author divides the independent activity of individuals into individual entrepreneurial activity, professional activity and self-employment (in a narrow sense) according to the criteria: socio-psychological characteristics of subjects, economic prerequisites and legal conditions of activity in a specific form; conditions of responsibility of subjects for obligations in civil turnover. The conclusions formulated in this study are aimed at expanding the understanding of the independent activity of individuals from the perspective of law and society in the context of the legal modernization of the forms of activity of the Russian population.","PeriodicalId":41435,"journal":{"name":"Vestnik Tomskogo Gosudarstvennogo Universiteta-Pravo-Tomsk State University Journal of Law","volume":"66 1","pages":""},"PeriodicalIF":0.1,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"74807107","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":"Principles of civil, arbitration and administrative proceedings: comparative legal aspect","authors":"Galina L. Osokina","doi":"10.17223/22253513/43/12","DOIUrl":"https://doi.org/10.17223/22253513/43/12","url":null,"abstract":"The similarity of tasks and methods of their resolution by the courts in the administration of justice in civil, arbitration and administrative proceedings presupposes the commonality and similarity of principles as the fundamental bases in the administration of justice. A comparative analysis of the first chapters of the Civil Procedure Code of the Russian Federation, the Commercial Procedure Code of the Russian Federation and the Administrative Procedure Code of the Russian Federation regulating the main provisions of civil, arbitration and administrative proceedings, shows the lack of proper uniformity and, as a result, of the continuity and logic in formulating the principles of the corresponding type of legal proceedings. The author analyzes such principles as the administration of justice by the court only; individual and collegial consideration and resolution of cases; the language of proceedings; publicity of the proceedings and its legality. The author pays attention to the gaps and other shortcomings in the legal regulation of the above principles and proposes a solution to the identified problems. The immediacy of the trial is the guiding principle in the examination of evidence and the establishment of circumstances of the case, since it determines the ways and means of the court’s perception of the evidentiary material. The significance of the principle of “immediacy of the trial” is that its observance during the trial guarantees the gaining of true knowledge of the facts that are important for the correct adjudication and resolution of the case. Therefore, the violation by the court of this principle may entail the cancellation of the judicial act on the grounds of its unreasonableness and (or) illegality. If we turn to the Codes governing civil, arbitration and administrative proceedings, there is an inconsistent, formal attitude of the legislators to one of the most important judicial principles. This is shown because in Chapter 1 of the “basic provisions” of the Civil Procedure Code of the Russian Federation there is no such a principle as “immediacy of the trial”. The existence in civil proceedings of such a phenomenon as “the immediacy of the court’s examination of the evidence available in the case” and “the immediacy of the trial” is mentioned only in Chapter 6 “Evidence and Proving” (Part 1, Article 67 of the Civil Procedure Code) and in Chapter 15 “Trial” (Part 1, Article 157 of the Civil Procedure Code). Unlike the Civil Procedure Code of the Russian Federation, the “immediacy of judicial proceedings” as a principle is enshrined in the special norms of Chapter 1 of the Administrative Procedure Code of the Russian Federation (Article 10) and the Commercial Procedure Code of the Russian Federation (Paragraph 6, Article 6 and Article 13), which only declare, but do not disclose the substantive side of this judicial principle. Based on the above, we propose the following. First, supplement Chapter 1 of the Civil Procedure Cod","PeriodicalId":41435,"journal":{"name":"Vestnik Tomskogo Gosudarstvennogo Universiteta-Pravo-Tomsk State University Journal of Law","volume":"86 1","pages":""},"PeriodicalIF":0.1,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79364452","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":"Structure of the Special Part of the Criminal Code of the Russian Federation: Modernity and Prospects","authors":"A. Bezverkhov, Diana V. Golenko","doi":"10.17223/22253513/44/2","DOIUrl":"https://doi.org/10.17223/22253513/44/2","url":null,"abstract":"The aim of the presented work is a legal analysis of the structure of the Special Part of the Criminal Code of the Russian Federation from 1996 to 2020 in order to identify trends in contemporary criminal law construction and prospects for the structuring of Russian criminal legislation. We have studied individual structural components available in the Special Part of the Criminal Code of the Russian Federation (such as chapters, sections, articles, as well as special attention to the dispositions, sanctions and notes to the articles of the Special Part of the Criminal Code of the Russian Federation) in the context of the modern development of socio-economic and political relations. Particular attention is paid to the methods of legislative technique in the construction of the Special Part of the Criminal Code of the Russian Federation. The tendencies typical of the modern criminal legislation were revealed. Attention was drawn to the presence of certain differences in the construction of the Soviet criminal codes and the current criminal law. Opinions existing in doctrine on the problem of construction of the modern criminal law of Russia are given. It is shown that the systematic ongoing permanent changes in the content of the articles of the Special Part of the Criminal Code of the Russian Federation leads to a significant violation of the logic of the criminal law system of Russia as a whole, as well as entails the creation of irreducible inconsistencies and contradictions within the current criminal law. The lack of a holistic understanding of the basis and content of the criminal law leads to haphazard changes and transformations, which create chaos inside the criminal law document. The paper argues that the only way out of the current situation is the development of a unified concept of structuring the criminal law of the Russian Federation. The concept must be based on historical experience, on prevailing domestic political, economic and social conditions, on international legal agreements, on criminological foundations, on modern achievements in legislative technique and, of course, on the latest doctrinal research. In the first quarter of the XXI century criminal and legal doctrine has carried out a profound scientific synthesis in the structure and content of the General and Special parts of the criminal law and created all the necessary groundwork for the development of a new Criminal Code of the Russian Federation or for the proposal of a new edition of the existing criminal law. The authors declare no conflicts of interests.","PeriodicalId":41435,"journal":{"name":"Vestnik Tomskogo Gosudarstvennogo Universiteta-Pravo-Tomsk State University Journal of Law","volume":"11 9 1","pages":""},"PeriodicalIF":0.1,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"78797981","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":"Prospects for expanding the range of compulsory measures of educational influence used in release of minors from criminal punishment","authors":"V. Terentyeva, T. Chernenko","doi":"10.17223/22253513/47/7","DOIUrl":"https://doi.org/10.17223/22253513/47/7","url":null,"abstract":"The release of minors from criminal punishment is one of the manifestations of the method of encouragement in the criminal law of Russia. The expansion of the range of alternative measures to criminal punishment applied to minors has great importance. The article analyzes the legislation of application of measures alternative to criminal punishment in number of foreign countries. An analysis of French legislation has shown that the French model of juvenile justice assumes an individual approach to a juvenile offender, creating for him the most favored regime in terms of release from punishment. There are several measures that deserve attention in the legislation of a number of countries near Russia abroad, along with compulsory measures of educational influence, similar to the measures provided for in the Criminal Code of the Russian Federation. In particular, the Criminal Code of the Republic of Moldova provides for such a measure as imposing on a minor the obligation to participate in a probation program. Such programs differ both in orientation (probation programs for the correction of social behavior or social reintegration) and in the way minors participate in them (group or individual probation programs). The essence of compulsory measures of educational influence is the upbringing of minors and restriction of misconduct. According to the authors’ opinion, compulsory measures of educational influence, not being any form of realization of criminal responsibility, can, if properly applied, have a greater educational effect on minors than criminal punishment or another form of criminal responsibility. The Russian legislator pays obviously insufficient attention to the regulation of compulsory measures of educational influence. The range of compulsory measures of educational influence in the Criminal Code of the Russian Federation should be significantly expanded, which will contribute to the individualization of the release of minors from criminal punishment. It is proposed to include in the range of compulsory measures of educational influence such measures as imposing the obligation to publicly or in another form determined by the court to apologize to the victim; imposing the obligation to take a course of psychological assistance; imposing the obligation to take a course of compulsory education; imposing the obligation to participate in the probation program; gratuitous socially useful educational work (in institutions and organizations that provide social and medical assistance).","PeriodicalId":41435,"journal":{"name":"Vestnik Tomskogo Gosudarstvennogo Universiteta-Pravo-Tomsk State University Journal of Law","volume":"35 1","pages":""},"PeriodicalIF":0.1,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79152613","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":"Social aspect of the purpose of criminal proceedings: to the question of its limits","authors":"I. Smirnova, E. V. Markovicheva","doi":"10.17223/22253513/44/6","DOIUrl":"https://doi.org/10.17223/22253513/44/6","url":null,"abstract":"The purpose of criminal proceedings, regulated by Article 6 of the CPC RF, due to the originality of the legal regulation, is a legal construct which is still controversial among law enforcers and legal scholars alike. It is still not clear how the purpose relates to categories such as the purpose and objectives of criminal proceedings. But more significant is the question of the subjective limits of Article 6 of the CPC RF. Given the mental characteristics of the functioning of Russian society, as well as in the light of paternalistic relations between the Russian state and the individual, the social purpose of criminal proceedings should be understood as the maximum possible reduction of the negative consequences of criminal repression for the individual. This interpretation of the social purpose of the proceedings may be given statutory expression through the following conditions: normative regulation of the rights of the victim and the person who is the subject of criminal proceedings through the prism of imposing respective obligations on those who are in charge of the criminal case and have authority in the process; extension of Article 6 of the CPC RF to persons whose rights and interests may be affected by the proceedings in a criminal case, irrespective of their procedural status; Expanding the scope of the purpose of criminal proceedings by placing obligations on public authorities and their officials to protect not only the rights and legitimate interests of the individual, but also the rights and legitimate interests of the individual. Expanded application of Article 6 of the CPC RF ensures social value of the criminal process if we move from narrowly procedural to a broader understanding of the functions of the criminal process that ensure both the purpose and implementation of socially important objectives related, among other things, to ensuring access to justice and judicial protection. Until amendments and additions are made to the Criminal Procedural Code of the Russian Federation, the solution is seen in the active application of analogy, which is due to the need to perform law enforcement operations in criminal proceedings. The Russian law of criminal procedure does not prohibit the analogy of the law, but also does not indicate in any way the possibility and procedure for its application. However, decisions of the highest courts indicate at least recognition of this category in relation to criminal proceedings. In particular, the analogy is mentioned in the following acts of judicial authorities: Decision of the Constitutional Court of the Russian Federation of 16.12.2021 № 53-P \"On the case of checking the constitutionality of Articles 416 and 417 of the Code of Criminal Procedure of the Russian Federation in connection with the complaint of citizen F.B. Iskhakov\", Resolution of the Plenum of the Supreme Court of the Russian Federation of 30.06.2015 № 29 \"On the practice of the courts of law, providing the right to protectio","PeriodicalId":41435,"journal":{"name":"Vestnik Tomskogo Gosudarstvennogo Universiteta-Pravo-Tomsk State University Journal of Law","volume":"18 1","pages":""},"PeriodicalIF":0.1,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81382473","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":"Criminal legal means against combating group crimes","authors":"L. M. Prozumentov, A. Shesler","doi":"10.17223/22253513/43/7","DOIUrl":"https://doi.org/10.17223/22253513/43/7","url":null,"abstract":"Group criminality as a criminological phenomenon comprises group crimes. And a group crime is any interaction of several individuals, the content of which is a joint criminal activity. Such activities may consist not only of acts assessed by criminal law as crimes but of actions, which do not receive such an assessment. In the current Criminal Code of the Russian Federation, the commission of a crime by a group of persons is classified as complicity in a crime. And members of the group, under Part 1, Article 35 of the Criminal Code of the Russian Federation, are called perpetrators. The analysis of the decisions of the Plenum of the Supreme Court of the Russian Federation enables us to speak about an expanded interpretation of the commission of a crime by a group of persons that contradicts the current legislation. The authors propose a different approach to the consideration of this problem. The signs of a group crime in a criminological sense are, first, the involvement of several individuals in the criminal encroachment. Second, all members in a group crime must have a common group goal. Third, the interaction of members in a group crime should find its expression in the separation of functions. Fourth, group crime is characterized by a negative consequence for all members of the group. It is possible to distinguish the following criminal law norms that characterize the interaction of several individuals as a group crime, and serve as the means of countering group crime: 1. Norms providing for the participation of several persons in performing a specific element of crime, assessed by criminal law as complicity in a crime. 2. Norms providing for the actual participation in performing a specific element of crime together with persons brought to criminal responsibility, those persons whose actions are not criminal because of the absence of signs of the subject of the crime (failure to reach the age of criminal responsibility or insanity). 3. Norms providing for the actual participation of several persons in the performance not of an act, but in the formation with a certain person who commits a crime, of other mandatory elements of the objective side of the crime as group formations. 4. Norms providing for the criminal participation of some persons in the negative activities of other persons after the commission of the crime, aimed at creating obstacles to the disclosure of crimes committed by the latter and bringing these persons to criminal responsibility. To sum up, we can note that our conclusions are not indisputable, in many respects, they are staged in nature and need additional substantiation. 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":"9 1","pages":""},"PeriodicalIF":0.1,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88947426","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}