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No 3 (2022)
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A WORD TO THE READERS

KUTAFIN UNIVERSITY CHRONICLE

EXPERT OPINION

25-34 238
Abstract

The article is devoted to topical issues of the activities of the prosecution authorities of the Russian Federation and the People’s Republic of China to ensure the rule of law in the environmental sphere. At the same time, the approaches of the two states to ensure legality in the environmental sphere at the constitutional level, which are regulated by the Constitutions of the Russian Federation and the PRC, were studied. The achievements of the prosecutor’s office for the protection of human and civil rights in the Russian Federation for a favorable natural environment, for improving the ecological environment for people and the general ecological situation were consecrated; prevention of pollution and other dangerous phenomena for society; protection of water bodies and forests. The author analyzes the environmental legislation of China, the main laws regulating the issues of environmental protection both in the Russian Federation and in the People’s Republic of China. The existing successes in this matter are canceled and the factors that reduce the effectiveness of environmental protection activities of both the authorities of these states and the regulatory and supervisory authorities in them are indicated.

VECTOR OF LEGAL SCIENCE

35-44 482
Abstract

The article analyzes the practice of courts of general jurisdiction and arbitration courts in cases of challenging the submissions of the prosecutor and other acts of the prosecutor’s response on the grounds of their unenforceability. The main reasons for recognizing the acts of the prosecutor’s response as unenforceable are determined, among which the absence in the act of the prosecutor’s response of an indication of specific measures that the offender must take to eliminate the violation is highlighted; addressing to the wrong subject; the absence in the content of the act of the prosecutor’s response of specific information about improper performance; untimely introduction of the act of the prosecutor’s response. The ambiguous approach of the courts to the demanding part of the prosecutor’s presentation regarding the nature of specifying the measures necessary to eliminate the identified violations is stated. The correlation between the requirements of legality and enforceability of acts of prosecutorial response is considered. The characteristic of enforceability as an independent requirement for the acts of prosecutorial response is given. The inadmissibility of a double interpretation of the wording contained in the act of response is emphasized.

45-50 256
Abstract

The article is devoted to the implementation by the prosecutor’s office of a new crime prevention function introduced by the Federal Law of June 23, 2018 No. 182-FZ “On the fundamentals of the crime prevention system in the Russian Federation”. The features of the legal regulation of the preventive activities of the prosecutor’s office as a subject of crime prevention, the features of the application of prosecutorial response acts in the process of implementing this activity, and the forms of preventive impact are examined. The preventive activities of the prosecutor in relation to minors are analyzed, ways to improve this activity are proposed. Conclusions are formulated on the need to improve the legal regulation of the preventive activities of the prosecutor’s office with the introduction of specific proposals.

51-60 319
Abstract

Research and analysis of practical aspects of the use of information technologies and systems in the activities of the Prosecutor’s Office of the Russian Federation is an important scientific task. The article analyzes the use of information and communication technologies by the Prosecutor’s office in the implementation of its main functions. The importance of the introduction of digital technologies in the activities of the prosecutor’s office is revealed, the doctrinal and applied issues of their application in the field of prosecutorial supervision are considered, and ways to improve the use of these technologies are proposed. The necessity of synchronization in digital format of the Register of persons dismissed due to loss of trust for failure by an employee to comply with the requirements of anti-corruption legislation on the portals of the civil service and the Prosecutor General’s Office; unification of the methodology for the formation of primary statistical accounting of crime by the Prosecutor General’s Office of the Russian Federation, the Ministry of Internal Affairs of the Russian Federation and the Investigative Committee of the Russian Federation; dissemination of experience in the implementation of the system of processing and use of statistical data on crime in the field of accounting administrative offenses.

61-70 218
Abstract

Organized criminal activity is always difficult to investigate, the committed criminal acts are numerous and socially dangerous, cause a noticeable public outcry and, as a result, more thorough than usual control and supervision over their investigation by the leadership of higher prosecutorial and investigative bodies. Criminal cases initiated in connection with the commission of such crimes are extremely voluminous and complex in terms of evidence. This creates difficulties in assessing the legality and validity of the decisions of investigators to initiate criminal cases on the organization of a criminal community (criminal organization) or participation in it by the prosecutor. The methodology of prosecutorial supervision over investigations of crimes is based on a comprehensive procedural and forensic approach, which assumes the prosecutor’s knowledge of forensic investigation techniques. The author considers the features of the methodology of prosecutorial supervision over the initiating criminal cases of the category under consideration, depending on the forensic technology implemented by the investigator for their detection and investigation.

71-80 358
Abstract

The anti-corruption activities of the Prosecutor’s Office of the Russian Federation today are one of the priorities in the state-political structure. In the context of global financial crises and pandemics, sectoral sanctions, the modernization of corruption mechanisms is noted, which has led to the attention of the state, public institutions, and the scientific community to this phenomenon. In the proposed publication, the author analyzes and shows the role of the Prosecutor’s Office of the Russian Federation in ensuring the legal regime against corruption. As a result of the conducted research, taking into account the scale of the work carried out by the prosecutor’s office to combat corruption, it is proposed to support the idea of creating a separate public authority endowed with exclusive competence to combat corruption and prevent corruption relations in public administration — to form a specialized prosecutor’s office to combat corruption, whose competence would include issues related to countering corruption in those areas that are most susceptible to corruption risks.

81-88 210
Abstract

In the article, on the basis of changes in the normative regulation of the law-making activities of the prosecutor’s office, the trend of expanding the practice of initiative development of bills by the prosecutor’s office is analyzed. Possible negative aspects of this trend are predicted. One of them is that, exercising the right of legislative initiative, the prosecutors of the constituent entities of the Russian Federation may call into question their independence, objectivity and impartiality in the future supervision over the implementation of the law adopted on their initiative. The negative aspect of this trend is that it can lead to the diversion of the already limited human resources of the prosecutor’s office from solving their key tasks. The professional qualities necessary for specialists to carry out legislative work are highlighted. It is noted, in particular, the need for a high level of qualification of these specialists in those areas and areas of public relations that are included in the subject of regulation of the bill being developed. The correlation between the legislative activity of the prosecutor’s office and the implementation of the principle of non-interference in the operational and economic activities of supervised objects in the prosecutor’s activity is analyzed.

89-96 225
Abstract

The subject of the study is a retrospective of the legislation regulating the issues of ensuring the participation of the prosecutor in arbitration proceedings. The prerequisites for the formation of the norms of the legislation on the Prosecutor’s Office of the Russian Federation are investigated. The author considers the issues of expanding the scope of powers of the prosecutor in this area at the present stage of development of the prosecutor’s office. Based on the analysis of recent changes in the current legislation, as well as bills submitted for consideration to the State Duma, the need for a systematic approach to the formation of norms governing the participation of the prosecutor in arbitration proceedings is shown. Attention is drawn to the controversial nature of the position of the Supreme Court of the Russian Federation regarding the possibility of a prosecutor joining an arbitration case on the bankruptcy of an individual in order to give an opinion. The necessity of fixing the status of a representative of the interests of the state and society for the prosecutor in arbitration proceedings is substantiated.

97-106 193
Abstract

The article examines the activities of the prosecutor’s office during the Great Patriotic War in the Krasnodar Territory. There is a colossal burden that was placed on the supervisory authority during this period. The author of this work shows the participation of the public prosecutor during the open trial held on July 14-17, 1943. Attention is focused on the significance of this trial, which is difficult to overestimate. It was he who was the first open trial of accomplices of the Nazi occupiers, being a kind of predecessor of the International Military Tribunal that sentenced fascism in Nuremberg. It is noted that at the initiative of the Prosecutor General’s Office of the Russian Federation, the decision to suspend the preliminary investigation in the criminal case of 1941-1943 considered in the article was canceled, and it was transferred to the investigative bodies of the Investigative Committee of the Russian Federation for the organization of further investigation. Thus, the article notes that all crimes committed by fascists on the territory of our country have no statute of limitations.

107-116 514
Abstract

The relevance of the article is due to the fact that at present the use of the issue of the legal regime and the legality of obtaining, storing and processing various types of biometric personal data of a person is not fully resolved. The authors put forward a hypothesis that the illegal circulation of personal data, including biometric data, carries a potential threat to public relations. This article substantiates the need for criminal law protection of various types of biometric personal data and the improvement of domestic criminal law. To do this, you need to create new offenses. The article focuses on the analysis of laws and official technical documentation regulating the status of personal data, as well as law enforcement practice. The authors identified the current list of biometric personal data subjected to machine processing and proposed a new norm of the Criminal Code for their protection.

TRIBUNE FOR YOUNG SCIENTIST

117-127 275
Abstract

The article examines the results of the constitutional reform of 2020 in Russia from the point of view of fixing particular provisions on the Prosecutor’s Office of the Russian Federation in terms of both the structural structure and the content of the designated updated constitutional norms. In particular, the novelties of the Constitution related to the return to the text of the updated definition of the domestic prosecutor’s office, as well as changes in the procedure for appointing senior officials of this system of bodies, are being considered. In addition, the author considers an important innovation to be the appearance in the Constitution (and, as a consequence, in all Russian legislation) of a new complex term “unified system of public power”. The author gives a number of arguments, on the basis of which she comes to the conclusion about the incomplete nature of constitutional reforms and the expediency of their further elaboration, taking into account the opinion of the scientific community, and also makes suggestions for further improvement of the wording of the provisions on the national Prosecutor’s office. The article also presents the results of a sociological survey that was conducted as part of the work on the study.

128-135 205
Abstract

This article examines the features of the implementation of prosecutorial supervision over the investigation of crimes related to drug trafficking in the Russian Federation and the Republic of Tajikistan. The role of law enforcement agencies in the detection and suppression of crimes related to drug trafficking is reflected. An analysis of the legal acts that guide the state bodies of the Russian Federation and the Republic of Tajikistan, including the prosecutor’s offices of both states in the fight against drug trafficking, is given. The author also analyzed the reasons for the development of crime and the growth of crimes in this area. It is concluded that this criminal act creates a potential threat to the life and health of a citizen and a person, violates public order, the security of the state, the development of the economic potential of the state, etc. It is also noted that ensuring the rule of law in the investigation of crimes related to illicit drug trafficking in the Russian Federation and the Republic of Tajikistan is the main purpose of the prosecutor’s supervision in this direction.

136-144 196
Abstract

The article studies the issue of initiation by the prosecutor of the administrative-jurisdictional process in the arbitration court; the features of the prosecutor’s decision to initiate a case on an administrative offense, enshrined in the law, are revealed, numerous examples from the practice of arbitration courts are given, confirming the effectiveness and diversity of the activities of the prosecutor’s office in this area. The author draws a conclusion about the uniqueness of the activities of the supervisory authority, in connection with which the emphasis is placed on the problem of unreasonable restriction of the powers of the prosecutor in the arbitration process. The available theoretical research, as well as an analysis of the work of the prosecutor’s office in the field of protecting not only public, but public interests in various areas of legal relations, form the author’s conclusions about the need to make changes to the Arbitration Procedure Code of the Russian Federation, as well as relevant additions to the Concept of a unified Civil Procedure Code of the Russian Federation related to the expansion of the powers of the prosecutor in the arbitration process.

145-152 337
Abstract

The article is devoted to the study of the question of possible directions for the further development of the institutions of the Russian judicial system. The Judicial Department, acting as a guarantor of the effective organization of the provision of judicial activities, reasonably concludes that it is necessary to create departmental security in order to strengthen the security of judges and the property entrusted to the judicial system. This paper analyzes the problems of the current stage and the prospects for creating an institution of departmental protection in the judicial system through the prism of historical and foreign experience. The author provides a justification for the need to return to the discussion of the proposal for the transfer of units that ensure the established procedure for the activities of the courts, to the subordination of the Judicial Department. The collected empirical material allows us to draw a conclusion about the economic feasibility of optimizing the structures involved in ensuring the safety of ships. The analyzed experience of a number of states that have a common history with the Russian Federation demonstrates the effectiveness and viability of the proposed reform model and additionally emphasizes the validity of the proposals put forward

153-158 470
Abstract

Consideration of appeals is a very important and priority activity of any body. The primary task is to respect the right of a citizen to consider the appeal in a timely manner and receive a reasoned response. The rapid development of information systems in recent years has significantly changed the way citizens submit applications. Citizens began to use the Internet reception of the prosecutor’s office, e-mail, and a single portal of public services more actively. The article analyzes the issues of introducing information technologies into the activities of the prosecutor’s office of the Russian Federation in dealing with citizens’ appeals; highlights the specifics of the implementation of digitalization measures in the activities of the prosecution authorities, updating the system for the provision of public services provided using various digital platforms that allow transferring dialogue with citizens to virtual information platforms using modern communication channels; the problems of introducing digital technologies in the prosecutor’s office are raised. The shortcomings of the legislative regulation of the issues of citizens’ appeals are also noted and ways to solve them are proposed.

OFFICE BOOKSHELF

DIGEST OF THE FACULTY ACTIVITIES

LAW IN HISTORICAL REFRACTION. Portrait against the background of history

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LAW IN HISTORICAL REFRACTION. Legal Monuments

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ISSN 2311-5998 (Print)
ISSN 2782-6163 (Online)