scholarly journals Modern Features and Law-Enforcement Problems of the Operational-Search Measure «Inspection of Premises, Buildings, Structures, Sections of Terrain and Vehicles»

2018 ◽  
Vol 5 (4) ◽  
pp. 153-159
Author(s):  
A A Golikov ◽  
A A Larinkov
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Synthesis Method ◽  
Criminal Procedure ◽  
Constitutional Court ◽  
Search Activity ◽  
Legal Norms ◽  
Legal Method ◽  
European Court ◽  
Logical Method

The article deals with the actual law enforcement problems associated with violations of legal norms by the bodies engaged in operational-investigative activities in the course of conducting and documenting operational-investigative activities «inspection of premises, buildings, structures, areas and vehicles». The analysis of norms of the Federal law of 12.08.1995 No. 144-FZ «About operational search activities», the criminal procedure code of the Russian Federation, departmental normative acts, decisions of the European Court of human rights and the constitutional Court of the Russian Federation, Plenum of the Supreme Court of the Russian Federation, and also the practice of prosecutorial supervision over implementation of laws in the implementation of operative-search activities, identified various approaches to the assessment of the legality of the survey of housing in the framework of the operational-search measures «inspection of premises, buildings, structures, areas and vehicles». On the basis of the obtained data, the problems were identified and some prospects for the development of the operational search activities were identified. The authors in this paper propose possible solutions to the identified law enforcement problems and measures to further develop the possibility of using the information obtained during the operational-search activities «inspection of premises, buildings, structures, areas and vehicles» for the formation of criminal procedural evidence in criminal cases. The authors state their position on the basis of the analysis of the current operational-investigative, criminal-procedural legislation and prosecutorial-Supervisory practice. The methodological basis of the study was made by General scientific and special methods of knowledge of law enforcement problems of conducting and documenting operational search activities «inspection of premises, buildings, structures, areas and vehicles», including the method of system-structural analysis, synthesis method, analysis method, comparative legal method, formal logical method, statistical method. As a result of the study revealed that the information obtained in the course of operational-search activities «inspection of premises, buildings, structures, areas of terrain and vehicles», can be the basis for the formation of criminal procedural evidence in criminal cases only in compliance with the legal norms of the bodies engaged in operational-search activities during the production and documentation of the operational-search activities. At the same time, the admissibility of evidence formed on the basis of the results of operational investigative activities presented in criminal proceedings is made dependent on the implementation of certain legal norms in the production of the operational investigative measures under consideration. In the legal literature, innovations in the legislation of Russia related to various aspects of conducting and documenting operational search activities «inspection of premises, buildings, structures, areas and vehicles» traditionally cause a lively discussion. However, up to the present time in science and did not have a consensus on the concept and essence of the considered operational search activities. Analysis of the practice of prosecutorial supervision over the execution of laws in the implementation of operational-search activity indicates different approaches to assessing the legality of the operational-search activities. Thus violations of the legislation in practice of the bodies performing quickly-search activity during carrying out quickly-search action «inspection of rooms, buildings, constructions, sites of the district and vehicles» is very difficult task. First of all, due to the high requirements of operational-search and criminal procedure legislation, the results of operational-search activity, to the process of proof in General, and to certain types of evidence that are formed in criminal proceedings on the basis of the results of operational-search activity.

scholarly journals TO THE QUESTION ABOUT THE CONCEPT «PROCEDURAL COSTS IN CRIMINAL PROCEEDINGS»

Issues of Law ◽  
2020 ◽  
Vol 20 (4) ◽  
pp. 89-93
Author(s):  
S.M. Darovskikh ◽  
◽  
Z.V Makarova ◽  
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Criminal Procedure ◽  
Constitutional Court ◽  
Criminal Proceedings ◽  
Procedure Code ◽  
Procedural Costs ◽  
The Russian Federation ◽  
Definition Of ◽  
Article 5

The article is devoted to the issues of formulating the definition of such a criminal procedural concept as «procedural costs». Emphasizing the importance both for science and for law enforcement of clarity and clarity when formulating the definition of criminal procedural concepts, the authors point out that the formulation of this concept present in the current Criminal Procedure Code of the Russian Federation is far from being improved. Having studied the opinions on this issue of the Constitutional Court of the Russian Federation, a number of procedural scholars, the authors propose their own version of the definition of the concept of «criminal procedural costs» with its allocation in a separate paragraph of Article 5 of the Criminal Procedure Code of the Russian Federation.

scholarly journals A Special Legal Approach to Interpretation of Norms of Criminal Procedure Law

Lex Russica ◽  
2020 ◽  
Vol 1 (2) ◽  
pp. 63-74
Author(s):  
D. P. Velikiy
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Criminal Procedure ◽  
Legal Regulation ◽  
Constitutional Court ◽  
Legal Interpretation ◽  
Legal Method ◽  
The Supreme Court ◽  
Criminal Procedure Law ◽  
The Russian Federation

The paper discusses the issue of a special legal approach to interpretation of norms of criminal procedure law. On the example of criminal procedural law the author substantiates the independent character of the special legal method of interpretation, its difference from the grammatical and systematic (systemic) methods of interpretation of law, as well as the place of this method among other means of interpretation. The subject of special legal interpretation include: special legal terms, concepts, categories, legal structures, types (regularities) of legal regulation, rules of legal technique, theoretical provisions. The vast majority of such interpretations were carried out by the Plenum of the Supreme Court of the Russian Federation and the Constitutional Court of the Russian Federation, which is predetermined by the need for a common understanding of criminal procedural terminology. Unlike grammatical interpretation, which provides a linguistic analysis of the text of the law, systematic interpretation in which interpretation takes into account the place of the norm in the systemic relationship with other norms, in special legal interpretation the main source of information is legal knowledge, i.e. the knowledge of law and legal theory. If a special legal interpretation is carried out by an official body, it is usually normative. Also, based on the legal stances of the Supreme Court of the Russian Federation and the Constitutional Court of the Russian Federation, the author gives examples of “evolution” of legal standings from special legal interpretation to adoption and amendment of legal norms. The article investigates the judicial practice containing the results of special legal interpretation of criminal procedural rules, e.g. legal concepts and terms defined by the same words, but having different meaning depending on the branch of law in which they are used. The author also gives examples of determination of the branch of law to which the norm belongs by means of special legal interpretation.

TO THE QUESTION OF THE RELATION OF MAN TO ANIMALS IN MODERN RUSSIA: THE CRIMINAL, LEGAL AND MORAL ASPECT

2020 ◽  
Vol 10 (3) ◽  
pp. 128-132
Author(s):  
MIKHAIL KOLTSOV ◽  
◽  
ELENA POPOVA
Keyword(s):  
Public Relations ◽  
Russian Federation ◽  
Criminal Responsibility ◽  
Criminal Code ◽  
Legal Norms ◽  
Existing Problems ◽  
Legal Method ◽  
Logical Method ◽  
The Russian Federation ◽  
Cruelty To Animals

This article examines the existing problems that arise in the case of applying the provisions of the current version of article 245 of the criminal code of the Russian Federation. Based on the analysis of the theory and judicial practice of this sphere of public relations, the authors reveal the conditions for criminal responsibility for the criminal offense provided for in this article. In addition, the article contains comparative characteristics of Russian and foreign legislation in terms of liability for cruelty to animals. The following methods were used in the article: logical method of cognition, comparative legal method of research, as well as formal legal method, which allowed to reveal the essence and signs of cruelty to animals, the method of interpretation of legal norms. The use of these methods allowed us to understand the institutions of criminal law and determine the main directions of development. The authors suggest possible ways to solve problems that arise in the process of proving the fact of criminal infringement under article 245 of the criminal code of the Russian Federation, and reveal ways to eliminate gaps in legislation.

scholarly journals Development of Constitutional Laws of Republics in the Post-Soviet Period

2018 ◽  
Vol 4 ◽  
pp. 38-42
Author(s):  
Svetlana B. Safina ◽  
Keyword(s):  
Russian Federation ◽  
Synthesis Method ◽  
Great Influence ◽  
Practical Significance ◽  
Soviet Period ◽  
Constitutional Court ◽  
Legal Method ◽  
The Russian Federation ◽  
The Republic ◽  
Post Soviet Period

Purpose. Development analysis republic constitutional legislation in the Russian Federation, as well as special aspects of the structure and the content of the republic constitution in the post-Soviet period. Methodology: dialectical method, analysis and synthesis method, rather-legal method, technical legal method. Conclusions. In 1990s the great influence on the republic constitutional legislation has been made by adoption of the state sovereignty declaration and execution of an agreement with the Russian Federation delineation of jurisdiction and mutual power delegation. With regard to that by 2000 republic constitutions have been contained the great number of regulations contravene of federal constitution, hereinafter they have been corrected on the basis of the Russian Federation constitutional court decisions. Meantime the republic constitutional legislation characterizes constitutionality of the Russian Federation, reasonable variety and stability. Scientific and practical significance. There have been found out the main stages of the republic constitutional legislation development. There also have been specified the key facts that were influenced on the republic constitutional legislation content. And the development from the stages of formation to present day has been presented.

scholarly journals Prohibition of Certain Actions: Interpretation and Problems of Enforcement

2018 ◽  
pp. 13-18
Author(s):  
Alla Petrovskikh ◽  
Evgeny Smakhtin
Keyword(s):  
Russian Federation ◽  
Criminal Procedure ◽  
Legal Regulation ◽  
Constitutional Court ◽  
Personal Liberty ◽  
European Court ◽  
Personal Rights ◽  
Procedural Code ◽  
Criminal Procedure Law ◽  
Substantive Law

The authors analyze provisions of the Article 105.1 of the Criminal Procedural Code of the Russian Federation concerning new measure of criminal procedure coercion. The authors have tried to determine the meaning of the prohibition to periodically leave premises and restriction of communication means usage in the context of international legal regulation, the European Court of Human Rights and the Constitutional Court of Russian Federation practice. The provisions that are going to be observed refer to non-violation of basic personal rights and freedoms in the circumstances characterized by criminal coercion application connected with restriction of personal liberty. The necessity of new restraint measure correlation with relevant provisions of the international and Russian law is defied. It is offered to reduce risks during the European Court of Justice trials due to unifid approach to new restraint measure and basic substantive law principles application. The conclusion is made that additional technical and legal regulation of the prohibition of certain actions is needed. Issues concerning the goals and objectives of the prohibition of certain actions are going to be discussed in relation to basic criminal procedure law functions. The prospects of the newly established provisions of the criminal procedure law application regarding the accused coercion to behave obediently by settling the direct prohibitions for the sake of prosecution functions realization are evaluated. The fild for the discussion regarding issues of criminal procedure law obtaining attributes of substantive law due to protective and other criminal law functions reinforcement is being formed.

scholarly journals Constitutional justice: on some amendments to legislation

2021 ◽  
Vol 15 (1) ◽  
pp. 64
Author(s):  
Nadezhda N. Tarusina
Keyword(s):  
Russian Federation ◽  
Constitutional Court ◽  
Constitutional Amendments ◽  
Legal Norms ◽  
The Public ◽  
European Court ◽  
Federal Constitutional ◽  
Constitutional Justice ◽  
The Russian Federation ◽  
Public Character

The article analyzes the 2020 constitutional amendments on constitutional justice. Among them are provisions on the formation of the composition of the Constitutional Court of the Russian Federation, expanding its powers in terms of checking the compliance of the Constitution of the Russian Federation with draft laws, clarifying the competence on the issue of the possibility of executing decisions of interstate bodies (primarily the European Court of Human Rights), adjusting the institution of dissent judges of the Constitutional Court of the Russian Federation. Positive and critical considerations regarding the above constitutional amendments and the corresponding amendments to the federal constitutional law “On the Constitutional Court of the Russian Federation. In particular, concerns are expressed about ensuring the proper degree of democracy in the formation of the Court, guaranteeing its independence in cases where the provisions of a particular draft law have been previously assessed by him as complying with the norms of the Constitution of the Russian Federation, and subsequently he will have to consider complaints about the constitutionality of the same legal norms, the validity of the refusal of the public character of the dissenting opinion of the judges of the Constitutional Court of the Russian Federation.

scholarly journals PROHIBITION ON REFUSAL OF THE ATTORNEY ON THE ADVOCATE PROTECTION ESTABLISHED BY PART 7 OF ARTICLE 49 OF THE CRIMINAL PROCEDURE CODE OF THE RUSSIAN FEDERATION: PROBLEMS OF LAW ENFORCEMENT

2020 ◽  
Vol 6 (3) ◽  
pp. 104-116
Author(s):  
V. V. Rudich
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Criminal Procedure ◽  
Defense Counsel ◽  
Legal Norms ◽  
Procedure Code ◽  
The Russian Federation ◽  
The Absolute ◽  
Administrative Responsibility

The article discusses the question of whether the norms of part 7 of Article 49 of the Code of Criminal Procedure of the Russian Federation with an absolute prohibition on the refusal of the defender to defend the interests of the suspect, accused, defendant. The analysis of legal norms, which refutes the position of the absolute prohibition established by part 7 of Article 49 of the Criminal Procedure Code of the Russian Federation. A number of exceptions are justified, in which the refusal of the defense counsel from the assumed defense is legitimate. The article draws conclusions and gives recommendations aimed at eliminating the unjustified bringing of lawyers to administrative responsibility by the chambers of law.

scholarly journals Terms of Appeal of Definitions in Civil Procedure

2020 ◽  
Vol 17 (3) ◽  
pp. 47-52
Author(s):  
Lidia Terekhova
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
General Rule ◽  
Constitutional Court ◽  
Legal Method ◽  
The Supreme Court ◽  
Logical Method ◽  
The Russian Federation ◽  
The Right ◽  
Court Of First Instance

Introduction. Decisions made by the courts on emerging procedural issues are not subject to the rule of universal appeal and can be appealed only if there are two conditions specified in the law, the correctness of which is questioned in the literature. Purpose. The aim of the work is to substantiate the necessary conditions for an independent (separately from the decision) appeal of the rulings of the court of first instance. Methodology. The author used formal legal method, analysis, synthesis, formal logical method. Results. The proposals put forward in science are considered to supplement and amend the current civil procedural legislation in part of appealing the rulings of the court of first instance. The author, with reference to examples, noted that the current law does not always look fair and consistent in the sutuation of which particular definitions are subject to appeal. It is not always possible to agree with the legislator that he correctly singled out those definitions that are adopted on the most important procedural issues, delaying the verification of definitions on which may make it difficult or impossible to protect violated rights. Accordingly, there are reasonable claims that the legislator classifies specific definitions as appealed. The assignment of definitions to the number excluding the further movement of the case faces constant difficulties, since it is not always possible to understand by the nature of the definitions that they exclude the movement of the case. An important role in resolving disputes is played by the legal positions of the Supreme Court of the Russian Federation and the Constitutional Court of the Russian Federation. The Supreme Court of the Russian Federation periodically clarifies controversial issues when appealing against rulings that arise in judicial practice. The Constitutional Court clarifies both private issues and formulates general rules. Conclusion. The author recognizes the correct approach chosen in the current legislation, notes other than independent appeals, ways to protect rights, as well as the role of the highest judicial authorities in clarifying disputed situations. Thus, the Constitutional Court of the Russian Federation formulated a general rule: from the right to judicial protection guaranteed by the Constitution, the right to arbitrarily choose the procedure for appealing court decisions does not follow.

scholarly journals THE MANIFESTATION OF THE IDEA OF CONSTITUTIONALISM IN THE ACTIVITIES OF THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION DOES NOT EXCLUDE THE LEGAL UNCERTAINTY OF ITS DECISIONS

Issues of Law ◽  
2020 ◽  
Vol 20 (2) ◽  
pp. 113-117
Author(s):  
S. M. Darovskikh ◽  
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Criminal Procedure ◽  
Positive Influence ◽  
Constitutional Court ◽  
Criminal Proceedings ◽  
Maximum Period ◽  
The Russian Federation ◽  
Legislative Activity ◽  
Legal Uncertainty

The article, along with the positive influence of the legal positions formulated by the Constitutional Court of the Russian Federation in its Decisions and Definitions on law enforcement practice and legislative activity, considers the reasons for the creation of these legal positions, legal uncertainty that negatively affects the activities of participants in criminal proceedings. The author refers to the Resolution of the Constitutional Court of the Russian Federation of July 16, 2015 No. 23-P «In the case of the verification of the constitutionality of the provisions of parts 3-7 of article 109 and part 3 of article 237 of the Code of Criminal Procedure in connection with the complaint of gr. S.V. Makhina» and the legal positions formulated by this court in other decisions regarding the possibility of increasing the maximum permissible period of detention specified in Article 109 of the Code of Criminal Procedure of the Russian Federation, concludes that with these decisions the possibility of taking into account the maximum period of detention is practically leveled

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