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No 6 (2024)
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A WORD TO THE READERS

KUTAFIN UNIVERSITY CHRONICLE

VECTOR OF LEGAL SCIENCE. Scientific Foundations of the Organization of Prosecutorial Supervision

26-36 181
Abstract

The relevance of developing a theory about the limits of prosecutorial activity aimed at realizing the purpose of the Prosecutor’s Office of the Russian Federation is substantiated. The theory of prosecutorial activity is at the stage of formation, but the parallel development of its basic concepts, which, without a doubt, includes the fundamental category «limits of intervention (activity),» contributes to the creation of a coherent and consistent doctrine of prosecutorial activity. The development of any scientific theory, as is known, is preceded by the conceptualization of knowledge. The author made an attempt to determine the conceptual basis for the formation of a holistic doctrine about the limits of prosecutorial activity. The study of the limits of prosecutorial intervention requires tracking and consideration at the ideological, theoretical and factual levels, which predetermined the designation in the article as the conceptual basis for the study of its problem, the original terminology, the purpose of developing this theory, the expected results, theoretical and empirical foundations of the study, as well as a brief justification of individual approaches and methods for studying the limits of prosecutorial intervention.

37-50 288
Abstract

In the article, the author examines the Arctic territories supervised by the prosecutor’s office, where prosecutors supervise the implementation of laws in the development of the Russian Arctic. Highlights the main elements of prosecutorial supervision: subject, objects, subjects and powers of prosecutors. Analyzes the results of the work of regional prosecutors’ offices to supervise the implementation of laws, the supervised territory of which is entirely included in the Arctic zone of the Russian Federation. The author proposes in supervisory activities to take into account the main goals, objectives and priority areas of activity defined by the Fundamentals of State Policy of the Russian Federation in the Arctic for the period until 2035, as well as the Strategy for the Development of the Arctic Zone of the Russian Federation and Ensuring National Security for the period until 2035. In order to improve prosecutorial supervision, the author proposes to create a new structural unit in the Main Directorate for Supervision of the Execution of Federal Legislation of the General Prosecutor’s Office of the Russian Federation — a department for supervision of the implementation of federal legislation in the Arctic regions and two specialized prosecutor’s offices (environmental and transport) with deployment in the Arctic zone of the Russian Federation, as well as the publication of departmental orders of the Prosecutor General of the Russian Federation.

51-59 167
Abstract

Currently, taking into account the new circumstances in which the economy operates, greater importance is attached to such an economic association as the Eurasian Economic Union. The article analyzes one of the areas of authority vested in the Commission — the sphere of competition policy, since the Commission considers applications, conducts investigations, considers cases of violation of competition rules, sends appropriate requests for information to consider cases of violation of competition rules, if a violation or signs of a violation have been committed on the cross-border market of the Union. But who exercises control and supervisory functions over the activities of this body and should there be such control and supervision? This article will be devoted to these issues, which require analysis taking into account the scientific approach and law enforcement. The author analyzes the powers of the Eurasian Economic Commission in the field of competition policy. Reveals such gaps in Union law as the lack of a mechanism for challenging determinations of refusal to initiate proceedings on violation of competition rules and other powers of the Eurasian Economic Commission.

60-71 168
Abstract

The article deals with the issue of prosecutorial supervision of compliance with legislation on the protection of land and soil. The author concludes that it is necessary to improve the system of state monitoring of soil conditions, rationing and accounting of the ecological state when using land plots, as well as assigning responsibilities for soil improvement to their users. The author emphasizes the need to develop a final position on the issues under consideration in reviews of the practice of application in the courts of the Russian Federation, federal legislation in the field of environmental protection, rational nature management. It is also necessary to regulate all possible repetitive processes for prosecutors during inspections in collections of methodological materials on the organization of prosecutorial supervision of compliance with legislation on land and soil protection.

VECTOR OF LEGAL SCIENCE. Theoretical and Legal Foundations of Regulation of the Organization of the Prosecutor’s Office and Prosecutorial Activity

72-80 355
Abstract

Currently, the role of the prosecutor’s office in the system of public authorities in Russia is quite high. This is confirmed by a wide range of functions assigned to the prosecutor’s office by Federal Law No. 2202-1 dated 17.01.1992 “On the Prosecutor’s Office of the Russian Federation”, organizational and administrative documents of the supervisory authority, as well as the practical participation of the prosecutor’s office and coverage of its activities in the information space. Of course, specialized prosecutor’s offices deserve special attention, a number of which are not textually fixed in the above-mentioned law. These include, for example, the prosecutor’s office of the Baikonur complex, which has specifics due to various features, which will be discussed. Based on the analysis of the activities of the prosecutor’s office of the Baikonur complex, as well as the doctrinal provisions in relation to it, the author’s conclusions and proposals concerning the further development of the prosecutor’s office under consideration are formed. One of the key proposals is the development and publication of an Order of the Prosecutor General of Russia, consolidating the provisions concerning the activities of the Prosecutor’s office of the Baikonur complex.

81-91 335
Abstract

The article analyzes the problem of the activities of the prosecutor’s office in countering extremism. To identify the problem associated with the insufficiency of legal regulation, the following algorithm was used: analysis of the provisions of sectoral legislation to identify the assigned powers of the prosecutor; additionally analyzed judicial and administrative practices in cases related to extremism; used a comparison method, including the assigned powers of other law enforcement agencies. The author substantiates the need to improve legal regulation, since prosecutors today, both within the framework of supervisory powers and nonsupervisory activities, ensure legality in the mentioned area. Based on the conducted research, the author concludes that in domestic legislation, the prosecutor’s offices, which are currently entrusted with the main front of work, are not properly enshrined in legislation as subjects of countering extremism, which raises law enforcement issues in practice. It is proved that due to the ambiguous law enforcement and judicial interpretation, it is necessary to develop common approaches to the interpretation of legislation, to identify and record extremist offenses.

92-100 146
Abstract

The article analyzes the problem of the prosecutor’s office conducting an anti-corruption examination of legal acts in the Russian Federation. The paper presents the author’s assessment of the methodological approaches currently in force to identify and eliminate corruption-causing factors in regulatory documents and their projects, characterized by an understanding of the theoretical foundations of anti-corruption expertise, potential and real risks of corruption actions. The analysis of theoretical aspects is associated with an in-depth study of the practice of prosecutorial activity in this area, which allowed us to form an idea of the corruption-causing factors that have the greatest prevalence Based on the conducted comparative legal study of the legislation of the CIS member states, the author concludes that it is possible to borrow a number of practices that have shown a positive result during their implementation: active involvement of the scientific community in conducting anti-corruption expertise, consolidation in the national legislation of the country of uniform requirements for the procedure for sending a draft normative act to subjects of expert activity and the composition of the attached package of documents, legislative consolidation of the right and obligations of the prosecutor’s office to carry out the examination of draft normative acts The author shows that in modern conditions, special attention should be paid to the problem of implementing the results of the anti-corruption expertise, notes the need for detailed legislative regulation of the procedure for considering the prosecutor’s claims to eliminate corruption-causing factors and establishing a list of grounds for refusing to satisfy the demands of prosecutors, specifying individual issues of judicial appeal.

 

101-108 323
Abstract

The article analyzes the key aspects of the content of supervisory and non-supervisory activities of the prosecutor’s office in the field of the introduction, application and use of artificial intelligence: the subject and object of such activities. Based on the analysis of existing concepts in the field of subjectivity of artificial intelligence, the author identifies categories of objects of prosecutorial activity in the field under consideration, while concluding that the complex of technological solutions imitating and reproducing cognitive human functions by itself cannot be the object of such activity. As an urgent problem in the implementation of the practical activities of the prosecutor’s office in the field of the use of artificial intelligence, the author points out the lack of unified approaches to determining its methodological and organizational foundations, while noting that the prosecutor’s office has begun its information-analytical and digital reformatting since 2022, taking into account the existing need to use artificial intelligence technologies in their activities.

VECTOR OF LEGAL SCIENCE. Prosecutorial practice in insolvency (bankruptcy) cases

109-120 266
Abstract

The analysis of the legal basis for the participation of the prosecutor’s office in court proceedings in order to protect the most important socio-economic rights of citizens, such as labor and housing rights, in bankruptcy cases. The research focuses on the Russian and Chinese practice of procedural interaction between the prosecutor’s office and the courts in bankruptcy cases. Based on a comparative legal analysis, the author assesses the trend towards increasing the activity of the Russian prosecutor’s office to participate in arbitration proceedings as promising, but requiring regulatory legalization in order to increase the effectiveness of protecting the socio-economic rights of citizens. In order to effectively ensure legality in the field of bankruptcy, it is necessary to legislate the participation of the prosecutor in part 5 of Article 52 of the Arbitration Procedural Code of the Russian Federation for cases when bankruptcy arbitration cases affect not only housing, but also the labor rights of citizens.

VECTOR OF LEGAL SCIENCE. Principles and Legal Means of Prosecutorial Supervision

121-128 367
Abstract

The article analyzes the issues of determining the systematicity in the qualification of criminal offenses. Based on the conducted research, the author concludes that there are no uniform criteria for determining the evaluation feature — systematicity, quantitative and temporal characteristics. The author shows that the systematicity is determined differently in different types of crimes, in particular in the article, in the note to the article or in the explanations of the Resolutions of the Plenum of the Supreme Court of the Russian Federation. The examples given in the paper show striking differences in criteria. So, systematic can be suitable: at least once, more than twice, or three or more times. By time, this may be at least once a quarter, during the year, during the period of the prescribed measures, or there are no specific time limits. The use of analogy according to the norms of the Criminal Code of the Russian Federation is prohibited, and there are not always norms defining the criteria for the qualification of evaluative concepts. The conducted research allows us to conclude that it is necessary to develop unified approaches to the interpretation of the norms of legislation on systematization and their consolidation in criminal legislation.

129-137 307
Abstract

The article discusses the question of the advisability of introducing the concept of “criminalistic technology” into the scientific criminalistic discourse. Technology is the main driving force of modern civilization. Criminalistic science, as the most “technical” of the legal disciplines, also could not avoid the temptation to introduce the concept of “criminalistic technology” into its scientific circulation. However, the use of this concept and its derivative definitions can radically change the entire language of criminalistic science, or clog it with a significant number of synonyms that do not carry any new knowledge, but make it difficult to conduct a rigorous scientific discussion. Both of these consequences are unacceptable. In this regard, it is proposed to abandon the use of the concept of “ criminalistic technology” in a strict scientific discourse. In this regard, it seems more reasonable to talk not about criminalistic technologies, but about the manufacturability of an investigation technique, tactics for the production of investigative actions and tactical complexes, methods for detecting, fixing and removing traces, etc. rather than, “for the sake of a witty remark”, rename them into criminalistic technologies.

138-144 309
Abstract

The article highlights the role and effectiveness of the work of human rights commissioners in the Russian Federation, emphasizing their importance in the system of protecting the rights and freedoms of citizens. The author analyzes the constitutional and legislative foundations of the activities of ombudsmen, and also examines the practical aspects of their work, including accessibility and taking into account regional characteristics, and highlights the existing shortcomings in the legal regulation of the activities of human rights ombudsmen. The article also touches on the transformation of the legal status of the ombudsman and his role in the judicial and extrajudicial protection of human rights, emphasizing its importance in both national and international contexts.

145-152 248
Abstract

In the article is analyzed the role of the prosecutor in terminating a criminal case with the imposition of a criminal law measure in the form of a court fine. Attention is drawn to the fact that the traditional understanding of procedural functions can be changed in relation to this participant in criminal proceedings when it comes to releasing a person from criminal liability. The reason is the processes of functional convergence, which contribute to the unification of the supervisory function and the function of criminal prosecution when deciding to terminate a criminal case with the imposition of a court fine. The participation of the prosecutor is mandatory in the court hearing when a criminal case is terminated on this basis; the prosecutor also approves the request of the investigator, due to the fact that today only the court can impose a court fine, but the criteria by which the decision is made cannot be objectively established in criminal law, therefore the prosecutor acts as an additional guarantee of the protection of the rights of participants in criminal proceedings and the legality of the court decision.

153-162 308
Abstract

The problem of determining the essence and content of the concept of «forensic crime prevention» and its relationship with other related concepts is analyzed. One of the means of forensic crime prevention is to identify, during criminal proceedings, circumstances that contributed to the commission of a crime, with subsequent submission to the relevant organization or official of a proposal to take measures to eliminate these circumstances or other violations of the law. The work notes the difficulties that arise in practice when implementing this form of preventive activity of the investigator. In addition, other areas within which forensic crime prevention can develop are presented.

163-172 170
Abstract

The article analyzes the problem of ensuring the human rights function in relation to such an unprotected category of citizens as minors. Based on the conducted research of violations that are detected by the prosecutor during prosecutor’s inspections, it was revealed which violations in this area are detected most often and what measures should be taken by the prosecutor to increase the effectiveness of supervision. Practical examples of violations related to the failure to provide minors with the right to receive free and affordable education are given. The author shows that supervision in the field of protection of the rights of minors has always been, is and will remain a priority. The purpose of this activity, implemented by the Prosecutor’s office, is to ensure the real implementation of legislation on the protection of the rights and legitimate interests of minors, the suppression, prevention and prevention of crime of children, as well as this work of the prosecutor’s office is aimed at restoring violated rights of citizens. The author justifiably notes that without compliance with the rule of law and the enforcement of legislation by all participants in educational relations, it is impossible to guarantee the real exercise of their right to education. In this regard, supervision of the implementation of legislation on the education of minors should not be limited to checking educational institutions. Every time, prosecutors should pay attention to the work of the supervisory authorities, to the acts that they draw up. When deciding on the choice of an act of a certain, most effective response act in each specific case, one should be guided by the organizational and administrative documents of the Prosecutor General’s Office of the Russian Federation, after a mandatory assessment of the negative consequences of fulfilling their requirements. When issuing response acts, prosecutors should be aware that such acts should not be aimed at destroying already real relationships, but only at changing them and bringing them into line with current legislation.

173-179 161
Abstract

The article analyzes the problems of law enforcement practice in cases related to challenging acts of prosecutorial response. The author provides information on the indicators of the application of acts of prosecutorial response, indicating the importance of these legal means of the prosecutor’s office, as well as the facts of their recognition by the courts as illegal. Based on the analysis of the results of the consideration of cases of this category by arbitration courts, the main reasons for recognizing acts of prosecutorial response as illegal are given. The article considers the question of whether or not it is necessary in each case to make an act of prosecutorial response to carry out an inspection, and to make an appropriate decision about it. The problem of determining the presence or absence of the fact of interference by the prosecutor’s office in the administrative and economic activities of a legal entity as a basis for recognizing the relevant act of prosecutorial response as illegal is raised. The author comes to the conclusion that it is necessary to amend the federal legislation regulating the conduct of prosecutorial inspections, and also points out the relevance of clarifying a number of issues in the relevant resolution of the Plenum of the Supreme Court of the Russian Federation.

180-186 287
Abstract

In the context of the sanctions policy of Western countries and the difficult path of development of the domestic economy emerging in this regard, the author emphasizes the special role of the prosecutor’s office in strengthening the rule of law and protecting the rights and interests of subjects of legal relations. The main attention is paid to the issues of the limits of the prosecutor’s participation in the arbitration process, as well as to the analysis and assessment of changes made to the legislation starting from 2021, expanding the powers of the supervisory agency when considering economic disputes, which is the scientific novelty of the study. The author has made a brief overview of cases considered by arbitration courts with the participation of the prosecutor, taking into account the new powers granted to him by the legislator. The lack of regulation of the procedural participation of the prosecutor in the arbitration court has been a subject for study for the second decade, taking into account which the author concluded that there is an objective need to further increase the powers of the prosecutor in the arbitration process given the current state of the Russian economy, its scaling and complexity.

SCIENTIFIC RESEARCH

187-195 188
Abstract

Modern comparative constitutional studies go beyond the analysis of traditional institutions. In particular, the process of constitutionalization of environmental protection is developing very dynamically. In the 1970s these issues were enshrined in four constitutions, at present they are contained in 157 constitutions of the countries of the world. The subject of constitutional regulation is significantly expanding: it includes the principles of environmental law, directions of environmental policy, environmental rights of future generations and institutional mechanisms for their protection. The evolution of constitutional provisions follows the drafting of soft international law norms. The countries of the global South are more active in this area of constitutional regulation than the countries of the global North. Certain regional approaches in this area have already emerged. Thus, in Latin American states there is a transition from anthropocentrism to ecocentrism, nature and its individual objects are recognized as subjects of law.

196-204 350
Abstract

The article analyzes the causal relationship between the act and the socially dangerous consequences of the use of prohibited means and methods of warfare. The causal relationship linking the act and socially dangerous consequences is an important sign of the objective side of the use of prohibited means and methods of warfare with material composition. In the criminal law sense, this means that the criminal consequence is generated by a socially dangerous and illegal act of the subject of the crime. The causal relationship in the use of prohibited means and methods of warfare with material composition is most often characterized by the presence of numerous links between a criminal act and socially dangerous consequences. The causal relationship in the use of prohibited means and methods of warfare with material composition is often characterized by the presence of a time interval between the action and its consequence.

TRIBUNE FOR YOUNG SCIENTIST

205-211 440
Abstract

The article analyzes the current state and prospects for the introduction of digital technologies into the activities of the prosecutor’s office. The main trends and challenges facing the prosecutor’s office in the field of digitalization are shown, the role of digital technologies in law enforcement is also explored, their impact on the effectiveness of prosecutors and interaction with other government agencies. The degree of legal regulation of the activities of the prosecutor’s office using digital technologies is assessed. The issues of security and protection of personal data in the context of the use of digital tools are also touched upon and the existing digital elements in the activities of the prosecutor’s office are analyzed. Examples of successful implementation of a number of existing information systems in the activities of the prosecutor’s offices of the subjects of the Russian Federation are given and foreign experience in this direction is evaluated.

212-219 177
Abstract

The article analyzes violations of laws detected by prosecutors that arise in the activities of state bodies authorized to carry out functions for the management, disposal and protection of state property, and suggests a mechanism for their resolution. Special attention is paid to the mechanism of interaction of the prosecutor with other state bodies, ways to increase the effectiveness of activities to protect the property interests of the state, in connection with which, based on the analysis of empirical material, in order to ensure consistency in the activities of authorized state bodies and strengthen the status of the prosecutor in the framework of protecting the property interests of the state, it is proposed to consolidate in the Federal Law of January 17, 1992. No. 2202-1 “On the Prosecutor’s Office of the Russian Federation” defines a new function of the prosecutor’s office in this area — “coordination of the activities of state bodies to protect the interests of the state in the field of property relations”, defining the concept of this legal definition, as well as formulations characterizing the subject, subjects and object of coordination activities. It is concluded that the implementation of this function in practice will contribute to the synchronization of the activities of all state bodies involved in protecting the property interests of the state and increase the efficiency of work on the recovery of property of public legal entities.

220-225 194
Abstract

Russian government institutions carrying out human rights and law enforcement activities strictly adhere to the norms and standards that are reflected both in international law and in the Constitution of the Russian Federation. The Prosecutor’s Office of the Russian Federation, as a subject of legal relations, representing a key supervisory body of state power, plays a fundamental role in the implementation of activities aimed at protecting human and civil rights. However, in a developed democratic and rule-of-law state, the scope of human rights protection affects various branches of law and economic spheres. That is why the implementation of supervision and human rights activities by the prosecutor’s office of the Russian Federation without interaction with other government bodies of the Russian Federation, which also act as subjects of legal relations, seems to be a difficult process to implement. The very interaction between the prosecutor’s office and government bodies demonstrates not only the high level of development of human rights institutions in the country, but also points to the fact that the interaction process itself needs both legislative improvement and the consolidation of its individual provisions.

226-234 209
Abstract

The article analyzes the legal regulation of registration of citizens on the territory of the Russian Federation and the influence of the current order on the implementation of social rights. The position of the highest courts on the issue of determining the place of residence of a citizen is given. Among the significant factors impeding the free exercise of citizens’ rights, there is divergent judicial practice on issues of financing benefits between the constituent entities of the Russian Federation. It is noted that for executive authorities, registration measures are necessary to ensure stable financing of budget expenditure obligations. The author notes that the currently functioning citizen registration registers in Russia are sufficient to solve problems with linking the exercise of rights depending on the citizen’s place of residence. Ways to improve legislation and change approaches to registration of citizens “at the place of residence” are proposed.

BOOKSHELF OF THE DEPARTMENT

LAW IN HISTORICAL INTERPRETATION

LAW IN HISTORICAL REFRACTION. Legal Monuments

POST SCRIPTUM



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