No 8 (2019)
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EXPERT OPINION
16-25 309
Abstract
The article deals with some controversial issues of the information basis of the methodology of public prosecution. The author analyzes the point of view of its components and expresses the opinion that the named basis should be considered in its narrow and broad content. In the first case, it includes the materials of the criminal case, which will support the state prosecution. In second case, its information base is represented both by the materials of the criminal case and once by clarifications of the higher courts of the Russian Federation, by the materials of the synthesis of judicial practices in cases of similar crimes, as well as by the practice of participation of prosecutors in their consideration and other information. There is doubt about the appropriateness and ability to consider the tipical criminalistic charactrristics of crimes of certain types as components of the information basis of the methods of maintaining state prosecution in criminal cases about them in court. To analyze and evaluate the comprehensiveness, completeness and objectivity of the investigation on, the prosecutor, along with knowledge of judicial practice, court approaches to the examination of cases of crimes of certain types, needs more knowledge of private investigation methods. The latter are developed at a typical level and are systematized aggregates of investigative and other actions grouped into complexes (blocks) designed to establish the interrelated circumstances of the subject of evidence in cases of crimes of certain types. Attention is drawn to the fact that there convincing arguments in favor of including a typical criminalistic charakteristic of a crime among the components of the information basis for maintaining state prosecution, Th materials obtained by the author additionally indicate the fallacy of such judgments.
ВЕКТОР ЮРИДИЧЕСКОЙ НАУКИ. НАУЧНЫЕ ОСНОВЫ ОРГАНИЗАЦИИ СУДЕБНОЙ И ПРОКУРОРСКО-СЛЕДСТВЕННОЙ ДЕЯТЕЛЬНОСТИ
26-39 489
Abstract
Аrticle is devoted to the study of the issues of methodological support of prosecutorial activity as a condition of the effectiveness of prosecutorial supervision over the execution of laws, observance of human and civil rights and freedoms. Attention is paid to essential characteristic features of a technique and tactics of Prosecutor's check, principles of its formation and structural elements. It is concluded that it is necessary to improve the system of means of prosecutorial supervision.
40-46 329
Abstract
The article substantiates the conclusion that recently the role of the participation of the prosecutor in law-making has been growing. Already at the stage of preparation of draft legal acts, the prosecutor can achieve elimination of violations of laws, which reduces the burden not only on the supervisory units of the prosecution authorities, but, most importantly, reduces the amount of work involved in the appeal of illegal legal acts and their judicial challenge. This ultimately positively affects the formation of a single legal space in Russia and its subjects. Based on the analysis of the current regulatory legal acts regulating the activities of the prosecutor’s office at various levels, departmental orders and prevailing practice in the field of participation of the prosecutor in law-making activities at the level of constituent entities of the Russian Federation and local authorities, the need for determining effective forms of participation of the prosecutor in law-making activities is shown.
47-52 216
Abstract
The Article is devoted to the interaction of legal Sciences in the field of prevention of juvenile delinquency. Special attention is paid to the role of prosecutorial supervision in this matter. The author in his research refers to various legal Sciences, which have their own relation to the preven tion of juvenile delinquency. Analyzing their interaction, the author points to the common thing that brings them together and comes to the conclusion that the process of interaction of the Sciences of prosecutorial supervision, criminal, criminal procedure and administrative law in the field of prevention of juvenile delinquency is undoubtedly present, has to be. This process is dynamic, constantly evolving, improving. Each of the above Sciences can not be implemented and exist separately without other Sciences in the field of prevention of juvenile delinquency. Therefore, their interaction is mutually conditioned.
53-66 302
Abstract
The article is devoted to the analysis of problems of procuratorial supervision over the implementation of laws in the course of operational detection at the present stage, in particular the relationship of goals and tasks with the subject and limits of supervision. The authors formulate and substantiate the thesis that it is unacceptable to reduce the focus of oversight activities, which consist in ensuring the rule of law in the operational search activities and the need for a comprehensive, expanded understanding of the goals and objectives of the ARD, as an independent area of prosecutorial supervision, due to the fact that its borders go beyond the scope of criminal proceedings.
СОВЕРШЕНСТВОВАНИЕ ОБУЧЕНИЯ В ВЫСШЕЙ ШКОЛЕ
67-80 252
Abstract
The article presents an analysis of certain aspects of the language skills of prosecutors as the basis for their effective professional activity in the consideration of criminal cases by the courts. The issues of the high level of professional training of prosecutors performing this function are investigated. Their duty is to submit evidence to the court, actively participate in their research and produce an objective assessment of the evidence. It is noted that public oratory skills training in the university system was based on comprehensive interdisciplinary courses. It assesses the position of the prosecutor while supporting expert opinions in conjunction with other evidence. At the same time, specific mechanisms of the prosecutor’s actions are proposed when planning the line of conduct of the public prosecutor in a given situation, owning the tactics of submitting expert opinions to the court, among other evidence. A special place is given to the linguistic competencies of the modern court speaker, special attention is paid to the working curricula developed by the department in the disciplines “Prosecutorial Ethics and Oratory of the Prosecutor’s Office" and “Speech Culture of the Prosecutor’s Office". Judicial practice is given for assessing by the court the evidence submitted by the parties, taking into account the position of the prosecutor.
81-88 301
Abstract
The article gives a description of certain areas of prosecutorial supervision over execution of laws when enrolling in higher education educational institutions, identifies the main elements of the admission process with characteristic violations of the rights of applicants, formulates suggestions in the methodology of prosecutorial audits of the activities of universities for admitting citizens to study.
ЦИФРОВИЗАЦИЯ СУДЕБНОЙ, СЛЕДСТВЕННОЙ И ПРОКУРОРСКОЙ ДЕЯТЕЛЬНОСТИ
89-99 243
Abstract
The Russian criminal process is extremely conservative, outdated written proceedings are very resource-consuming and inefficient. The need to improve pre-trial criminal proceedings is being actively discussed by scientists and practitioners. Various ways of reforming pre-trial proceedings and its initial stage are proposed. The authors and supporters of the “Doctrinal Model of Criminal Procedure Evidence” offer to abandon the preliminary investigation, seeing it as a “relic of totalitarianism”. In a less radical form, the ideas of refusing to initiate a criminal case were implemented in the legislation of Ukraine and Kazakhstan. The author believes that the improvement of the initial stage of pre-trial proceedings should be carried out within the framework of existing procedural institutes and the established legal tradition by replacing outdated written office work with technical methods of recording evidence and the widespread use of modern information technologies.
100-111 352
Abstract
The article is devoted to the current problem of legal certainty of the initial stage of pre-trial proceedings of the Russian criminal process in the context of its digitalization. From this point of view, an analysis of the provisions of the Code of Criminal Procedure of the Russian Federation on the reception of a report of a crime has been carried out, and the problem of hiding crimes from registration is being considered. The author concludes that the use of digital technologies at the initial stage of pre-trial proceedings in domestic criminal proceedings, acting as a mechanism that will prevent the hiding of crimes from being recorded, also contributes to the realization of the principle of legal certainty. In order to implement the principle of legal certainty and solve the problem of digitalization of the initial stage of pre-trial proceedings in domestic criminal proceedings, taking into account the experience of the Republic of Kazakhstan, the main ways of modernizing the legal foundations of the initial stage of pre-trial proceedings have been formulated.
СУДЕБНАЯ ПРАКТИКА ПО ЗАЩИТЕ ПУБЛИЧНЫХ ИНТЕРЕСОВ И ИНТЕРЕСОВ ХОЗЯЙСТВУЮЩИХ СУБЪЕКТОВ
112-121 5395
Abstract
On the eve of the twentieth anniversary of the Land code of the Russian Federation, enacted in 2001, the author proposes to analyze the controversial issues of judicial and law enforcement practices arising from the application of rules on acquisitive prescription for land relations in the resolution of the question of the right of ownership and to draw some conclusions. In this paper the author analyzes the position of higher courts regarding the recognition of ownership of land on the basis of prescription. As a result, the author comes to the conclusion that the application of the norms of civil legislation on prescription to land relations is possible, but only in certain cases. Taking into account the different legal nature of land relations, the author proposes to amend the current Land code of the Russian Federation by adding a new basis for the emergence of ownership of the land by virtue of prescription, but subject to good faith, open and continuous ownership and use of the land for more than 18 years. The disputed land plot shall be located on the lands which are in the state not delimited property. The article also analyzes the experience of legal regulation of prescription of other States.
SCIENTIFIC RESEARCH
122-135 551
Abstract
This comparative legal study focuses on two related criminal legal structures of the Special part of the Criminal code of the Russian Federation. This is, on the one hand, «theft of someone else’s property» as a criminal offense against property relations (articles 158-162, 164 of the criminal code), and on the other - «theft of drugs» as a crime against public health and public morality (article 229 of section IX of the criminal code). Differentiation of the called plunders is carried out on a set of criteria: the main and additional objects of crime; the subject of criminal infringement; features of structure of a crime on a design of the objective party; the maintenance of criminal act; character of socially dangerous consequences; the moment of the termination of plunders of someone else’s property and drugs; the purpose of a crime; the motive of deeds, etc. Besides, special attention is paid to the comparative analysis of the qualifying and especially qualifying signs of the considered groups of plunders. The authors of this article propose the term «theft» in Chapter 25 of the criminal code to replace the category of «misappropriation». For example, «misappropriation or extortion of narcotic drugs or psychotropic substances, as well as plants containing narcotic drugs or psychotropic substances, or parts thereof containing narcotic drugs or psychotropic substances». Third, the scientific discussion will include the addition of article 221, located in Chapter IX «Crimes against public safety and public order» of the criminal code, with a new structural unit - a note. In the specified note it is offered to give the description of objective and subjective signs of illegal taking of drugs and other generally dangerous subjects withdrawn or limited in civil turnover.
TRIBUNE FOR YOUNG SCIENTIST
136-142 263
Abstract
The article analyzes the participation of the Prosecutor in administrative cases in the courts in the Russian Empire. Special emphasis is placed on the scientific works of historians and jurists of the Russian Empire. In addition, the author draws a parallel with the modern rules governing the participation of the Prosecutor in administrative cases in the courts.
ПРАВО В ИСТОРИЧЕСКОМ ПРЕЛОМЛЕНИИ. ПОРТРЕТ НА ФОНЕ ИСТОРИИ
ЮРИДИЧЕСКОЕ НАСЛЕДИЕ
POST SCRIPTUM
ISSN 2311-5998 (Print)
ISSN 2782-6163 (Online)
ISSN 2782-6163 (Online)