DOI: 10.7256/2454-0706.2020.9.33400

Abstract: The subject of this research is the novelties in constitutional legislation of the Russian Federation, namely legal provisions that supplemented the main law of the country in 2020. Alongside the renewed constitutional norms, the author analyzed the related articles of the current Russian legislation, as well as separate regulatory provisions of constitutional nature of the foreign countries. The scientific novelty of this work is substantiated by the objective factors associated with recent amendments to legal matter of the Constitution of the Russian Federation of 1993, and thus, practically full absence of scientific legal research on this topic. The author also notes the primary importance of studying the renewed basic constitutional provisions for academic community, as well as the entire Russian society.  In conclusion, it is noted that the Third Chapter of the Constitution of the Russian Federation dedicated to federative structure undergone significant changes. Despite the fact that there are certain questions to revision and location of some newly accepted constitutional norms, the results of the Russian Constitutional Referendum of July 1, 2020 give an overall positive assessment of the new version of the Constitution of the Russian Federation.

DOI: 10.7256/2454-0706.2020.9.33566

Abstract: The subject of this research is one of the trends in the American legal thought – legal realism in the context of clarification of its specificity, key theoretical-methodological perspectives formed in the classical period, represented by the founders of this direction O. W. Holmes, R. Pound and K. Llewellyn. Studying the heritage of the classical American realists is important for the purpose of elucidation of their views, since many aspects remain unclear or simplified, and interpreted in form of patterns and schemes; as well as due to the fact that in the modern American legal science and well beyond it, more popularity multiple variations of “clarification” of realism in form of “neo-“ versions, and realism itself is declared the symbol of modern age. Main attention is given to the question of overcoming simplifications with regards to legal views of the classical American realists. The scientific novelty of this work consists in elucidation of the perceptions of the nature and specificity of legal views of the representatives of classical American legal realism. This is primarily associated with the fact that orientation towards demythologization of conceptualism in the works of legal realists of the period of establishment of this trend is erroneously identified with the rejection of moral arguments in substantiation of law, which to a large extent was justified by the desire of some researchers to substantiate the meaning of radical pragmatism as a philosophical foundation of the modernized legal theory. Secondly, unjustified broadening of the concept of legal realism and its identification with naturalization of conceptual apparatus of law is one of the factors that led to multiple simplifications and distortions of the methodological importance of the fundamental principles of legal realism.

DOI: 10.7256/2454-0706.2020.9.33624

Abstract: The object of this research is the relations on protection of human rights in criminal procedure justice in under the conditions of pandemic. The subject of this research is analysis of the activity of law enforcement and judicial systems in the country’s current situation. The proliferation of coronavirus infection in the Russian Federation generated pervasive problems in this area. Recommendations contained in the Decisions of the Presidium of the Supreme Court and the Presidium of the Council of Judges of the Russian Federation of March 18, 2020 and April 8, 2020 did not clarify the law enforcement practice, which led to ambiguity in the interpretation of certain provisions of these documents. The situation that formed in the country as a result of COVID-19 pandemic requires rationalization of a number of issues on the protection of human rights in nonstandard conditions of the work of judicial and law enforcement systems. Information from the open sources published on the Internet served as the foundation for this research. The conducted analysis is valuable for understanding the current situation, as well as for making appropriate decisions that are instrumental for the future. Based on the acquired results, the makes recommendations aimed at improvement of separate institutions of criminal law and criminal procedure law, namely Institution of the statute of limitations, institution of the suspension of proceedings in a criminal case. The scientific novelty consists in the exact wording of indicated recommendations on amending the current criminal procedure legislation.

DOI: 10.7256/2454-0706.2020.9.33730

Abstract: The subject of the study was the procedural features of constitutional control that affect the style of constitutional and judicial argumentation. The author sought to identify and analyze the parameters of norm-control activity that determine the content of argumentation techniques, using as an empirical basis of the study the experience of organizing constitutional control in Russia, Australia, Austria, Germany, Israel, Spain, Italy, Canada, USA, Taiwan, France and South Africa. Particular attention was paid to such procedural and procedural factors as the model of constitutional control, the procedure for considering cases, including the specifics of raising questions addressed by judges to participants in court proceedings, the availability of texts of procedural documents, the tradition of presenting the text of a court decision, the number of judges, the collegial procedure for making a decision and the content of the institute of dissenting opinion. Using the concept of argumentation style and identifying the correlation between specific procedural rules and argumentation patterns arising in the practice of constitutional justice, the author outlined the advantages and disadvantages of certain parameters of judicial control over the constitutionality of normative acts. In general, the conducted research allows us to conclude that the institutional environment of norm-controlled activity is formed not only by procedural rules, but also by legal traditions that dominate in a particular state, since the relevance, suitability and relevance of individual argumentation strategies used within the framework of constitutional control largely depend on their compatibility with the nature of legal thinking.

DOI: 10.7256/2454-0706.2020.9.33770

Abstract: The subject of this study is the analysis of mainly foreign judicial practice on the turnover of genetic information in the fields of medicine and scientific research. The research methods are general scientific methods: analysis, synthesis, comparison and private scientific methods: comparative legal and formal legal. The author refers to the positions of the courts on private issues, including the duties of the attending physician and third parties to inform about the risks of genetic diseases of the patient's relatives, the rights of relatives to access genetic information after the patient's death, obtaining voluntary informed consent to participate in research, compares the approaches of the courts in the presence of similar cases in the practice of other regions of the country and foreign countries.   The novelty of the study lies in the choice of the subject of the study and the conclusions obtained. The author analyzes foreign judicial practice on the issue of the turnover of genetic information in the medical and research fields, which has not been the subject of a separate study in the domestic literature until now. The author draws conclusions about the absence of uniform positions of the courts on the issues of understanding the content of genetic information, the limits of the right of relatives to receive genetic information of the patient. The courts agree (or the cases are isolated in practice) that participation in genetic research should be preceded by voluntary informed consent, which can be presumed and applies exclusively to the research provided for in it. Participants have no rights to research results, and open genes cannot be patented by researchers.

DOI: 10.7256/2454-0706.2020.9.33880

Abstract: This article is devoted to the problem of fulfilling the obligations of a bankrupt debtor by a third party in the framework of bankruptcy procedures of an individual and the possibility of applying the rules provided for debtors – legal entities. The question of the need to observe not only a certain sequence of actions of a third party, an arbitration manager and a court, but also the study of such additional issues as confirmation of the source of funds. When studying the issue, an analytical research method was used, which is expressed in the analysis of judicial practice. The choice of this particular research method is dictated, firstly, by the need to obtain information about law enforcement and, secondly, by the lack of research on this issue.   Every year there are more cases of bankruptcy of individuals, in this regard, there is an increasing need to apply the rules on the performance of obligations by a third party for the debtor. Within the framework of the institution of bankruptcy of individuals, there are no such norms, but law enforcement practice demonstrates the need for norms on repayment of creditors' claims by a third party as part of debt restructuring procedures and the sale of a citizen's property. The rules provided for in Articles 113 and 125 of the Bankruptcy Law may be applied when resolving the issue of repayment of creditors' claims of a debtor – an individual by a third party. At the same time, in addition to observing the formal procedure for repayment of claims, it is necessary to investigate the issue of the source of funds from a third party.

DOI: 10.7256/2454-0706.2020.9.33905

Abstract:   The object of this research is public relations established within the framework of commission of unlawful actions in case of bankruptcy of a citizen (the Article 195 of the Criminal Code of the Russian Federation). The subject of this research is the norms set by the Article 195 of the Criminal Code of the Russian Federation, Chapter X of Bankruptcy Act, case law, resolution of the Plenum of the Supreme Court of the Russian Federation on bankruptcy of the citizens, scientific works on the topic. The goal of this article consists in formulation of the scientifically substantiated recommendations for improving criminal legislation provisions that establish responsibility for committing unlawful actions in case of bankruptcy of a citizen, as well as their practical implementation. The scientific novelty consists in differentiation of the unlawful actions in case of bankruptcy of a legal entity, individual entrepreneur, and a citizen who does not have the status of an individual entrepreneur, based on the fact that these actions impinge on various public relations. Unlawful actions in case of bankruptcy of a citizen are viewed as separate offence. An original definition of the direct object of unlawful actions in case of bankruptcy of a citizen is provided. In accordance with bankruptcy law and acts of its interpretation the author determines substantial differences between the content of constituent elements of the object, actions and circumstances of unlawful actions in case of bankruptcy of a citizen established by the Parts 1 and 3 of the Article 195 of the Criminal Code of the Russian Federation and the wrongful actions in case of bankruptcy of the legal entity. Specific recommendations are formulated on introducing amendments to the Part 2 of the Article 195 of the Criminal Code of the Russian Federation. Leaning on the analysis of statistical data and case law, the author concludes on the need for adopting a resolution of the Plenum of the Supreme Court of the Russian Federation on criminal bankruptcies, the draft of which may take into account the results obtained in this research.  

DOI: 10.7256/2454-0706.2020.9.33913

Abstract: In view of the continuing interest of the legal community in the problem of the prohibition of contradictory behavior or in the Anglo-American tradition of law – estoppel, the subject of this study is an attempt to determine the legal nature of the so-called norms of the Civil Code of the Russian Federation on estoppel. The topic chosen for the study becomes particularly relevant, since there is no consensus among representatives of legal science regarding the nature of estoppel; it is considered as an intersectoral principle, doctrine, institution of law, sanctions for violation of the principle of good faith, one of the manifestations of the principle of good faith, legal mechanism, etc. The author has attempted to consider estoppel from different angles: through the prism of English contract law (promissory estoppel), from the standpoint of the continental maxim "venire contra factum proprium", in relation to the principle of good faith. The research uses general scientific methods of analysis and synthesis, a systematic approach; special legal methods (comparative legal, formal legal). As a result of the conducted research, we came to the following conclusions. The so-called norms of the Civil Code of the Russian Federation on estoppel are a special case of the doctrine of consistent behavior, known to the continental legal order by the maxim "venire contra factum proprium", which acts as a manifestation of the principle of good faith. Proceeding from this, it is incorrect to designate the above norms as estoppel, because, firstly, even in the Anglo–American tradition, the diversity of types of estoppel does not allow it to be considered as a universal principle, and, secondly, what is understood by estoppel in this system of law does not correspond to its Russian interpretation. In addition, being part of the Romano-Germanic legal family, the domestic legal order does not need to borrow alien legal phenomena, especially when similar legal constructions can not only be found in the depths of centuries, but also trace their evolution in the bosom of the continental legal system, to which Russia belongs.

DOI: 10.7256/2454-0706.2020.9.33997

Abstract: In my research, I propose to place new emphasis on known facts through the application of the Coase theorem, which justifies the choice in state regulation that carries less social costs. The Kousian theorem of social costs gained its fame by refuting the absolute necessity of prohibiting harmful activities in all cases where harm is established. It turns out that it is not always necessary to fight malicious activity, but only when the implementation of malicious activity will entail costs for the whole society higher than those that society would have if this malicious activity were stopped. Coase's theorem is particularly applicable to the problem of environmental pollution, in which everything is complex and interdependent, and government regulation is associated with uncertainty about the consequences of its implementation due to the lack of complete and reliable information about all possible social costs. Based on the study of theoretical works on political economy and content analysis of international and national documents adopted to combat climate change, I come to the conclusion that the context of taking measures on greenhouse regulation plays a determinant role in their choice: hypothetical risks of global warming and real risks of decarbonization of the economy make rescue efforts incompatible. the planet and maintaining the well-being of citizens for those countries whose budgets depend on oil and gas. The context of national institutional development dictates the choice, and it is obvious – either sheep or wolves. It is impossible to decarbonize production at the level of interstate cooperation without reducing the availability of consumption at the national level.

DOI: 10.7256/2454-0706.2020.9.33981

Abstract: The subject of this research is the international relations associated with the development of cooperation in the area of corruption prevention, and the national legal policy of the countries s in this sphere established since the 1970s to the present day. The article determines the trends in development of international cooperation in the area of corruption prevention, reconstructs the dynamics of international legal policy with consideration of the produced subsequent real effect, as well as analyzes the origination of corresponding international initiatives as the crucial factor in their advancement. The article provides periodization of the process of establishment and development of international cooperation in area of corruption prevention: the first stage (1970 – early 1980s) is characterized by the negotiation process oriented towards creation of international normative legal regulation, but appeared to be inefficient in the situation of international tension and collision of interests; the second stage (late 1980s – 2005) is characterized by the transformation of ideology of the international anti-corruption cooperation,  which implies conventional-institutional approach towards international cooperation; the third stage (2005 – present) is marked by the transition towards institutional-procedural mechanism of cooperation. The conclusion is made that the promising victors of international cooperation of the Russian Federation consists in implementation of extraterritorial legal instruments for preventing corruption and adoption of the institutional-procedural approach with essential formal compliance with the international anti-corruption standards.

DOI: 10.7256/2454-0706.2020.9.33516

Abstract: The subject of this article is trends and avenues for the digital transformation of scientific and technological, as well as innovation cooperation of the EAEU member-states. Systematic research is conducted on the changes in its content within political-legal framework of implementation of Digital Agenda of the Eurasian Economic Union. The author reveals the new challenges of EAEU policy in the area of science, technology and innovations, as well as ecosystem questions of scientific and technological integration in the context of transition towards the Industry 4.0. The key instruments of digitalization of scientific and technological integration are presented by the digital platforms and communication, which form the shared digital scientific and technological space of EAEU. The conclusion is made that the formation of a “digital” union and its accession into the era of industry 4.0. largely depends on the level of digital transformation of scientific and technological integration. The author’s special contribution consists in the statement that the solution of large-scale task on creation of ecosystem of digital scientific, technological and innovative space based on functionality of the corresponding institutions and digital infrastructure objects represents a new aspect of cooperation, which suggests further development of strategic and legal grounds of the aforementioned sectoral digital transformation. The explored by the author vector of development of scientific and technological integration may serve as the methodological framework for a set of measures established by the Chapter “Territory of Innovations” of the Declaration on Further Development of Integration Processes within the Eurasian Economic Union of December 2018, with emphasis on the implementation of EAEU Digital Agenda.

DOI: 10.7256/2454-0706.2020.9.33614

Abstract: This article analyzes the concept and essential properties of blockchain: decentralization, usage of cryptography, autonomy, presence of consensus mechanisms, anonymity and transparency of the chain of blocks. Alongside the advantages, the article describes the disadvantages of blockchain: high cost of development and implementation of blockchain-based solutions and their utilization (high energy requirements); low speed of data processing; potential unauthorized changes to the database; absence of confidentiality of blockchain users. The author considers the scientific views on the need for legal regulation of the blockchain. An overview is presented on the global achievements in the area of blockchain standardization, as well as key vectors of standardization: terminology, reference architecture, security and confidentiality, management, smart contracts. An original definition of blockchain that takes into account its essential properties is provided. Two spheres of regulation are distinguished: legal regulation of relations that apply blockchain, and regulation of the blockchain technology itself (terminology, ontology, taxonomy, reference architecture, management, etc.). The conclusion is made on invalidity of the proposals on the unified legal regulation of blockchain (for example, formation of the universal law on blockchain), implying different areas of implementation of this technology. The author justifies the need for standardization of blockchain, as well as describes the key advantages of such standardization. It is underlined that the standards would not substitute the specific legal regulation, but would ensure the conditions for creating the legal framework in accordance with the requirements of technological reality.

DOI: 10.7256/2454-0706.2020.9.33640

Abstract: The subject of this research is the organization of state power in Russia in light of the amendments to the Constitution of the Russian Federation introduced in 2020 that require systematic scientific assessment. The object of this research is the legal acts that laid groundwork for the constitutional reform in Russia: Presidential Address to the Federal Assembly of the Russian Federation of January 15, 2020,  Law on Amendments to the Constitution of the Russian Federation, Opinion of the Constitutional Court of the Russian Federation on correspondence of the amendment to the current Constitution of Russia. The author examines the content of the constitutional amendments, their reference with legal logic and requirements for the constitutional progress in Russia. The following conclusions were formulated: the significance and magnitude of the recent constitutional amendments allows speaking of the large-scale constitutional reform that adumbrates the new stage of constitutional evolution in Russia that results in the reform of state superstructure; constitutional amendments noticeably changes the configuration of state power with regards to ratio of the branches of power, checks and balances, objects and redistribution of the institutions of state power, which testifies to transition of the Russian Federation from semi-presidential (presidential-parliamentary) form of government towards presidential, characterized by dominant role of the President within the state system. The novelty of this research lies in analysis of the new constitutional provisions that describe the content of the Russian constitutional reform in the aspect of characteristics of the leading institutions of state power.

DOI: 10.7256/2454-0706.2020.9.33797

Abstract: The object of this research is the determination of legal nature of genomic research data and their role among the objects of civil law. The subject of this research is the data of preclinical and clinical studies of pharmaceutical products, mostly those that contain biomaterial and biomedical cell products. The author underlines the problem of the absence of due legal regulation of genomic research data as the objects of law within Russian legislation, as well as protection of their rightsholders from anticompetitive use. The author reveals the possibility of recognizing genomic research data as the results of intellectual activity that are subject to legal protection as objects of intellectual property, as well as the need to enshrine them in the provisions of the Part 4 of the Civil Code of the Russian Federation. The main conclusion consists in the substantiation of the need for protection of genomic research data as the objects of civil law. Arguments are adduced on the potential reference of genomic research as the results of intellectual activity to the objects of intellectual property. The list of data that may comprise trade secret is subjected to critical analysis. The author proposes the original classification of the results of intellectual activity as the objects of intellectual property from the perspective of the presence of creative beginning as directly invented by human, and indirectly reflecting the result of human activity. The conclusion is formulated on the independent nature of the results of genomic research as the objects of intellectual property in the form of the results of intellectual activity. The author underlines the need for protecting genomic research data as a variety of results of such tests as the know-how, as well as corresponding revision of legal definition of trade secret captured in civil legislation.

DOI: 10.7256/2454-0706.2020.9.32240

Abstract: This article is dedicated to interdisciplinary, institutional and comparative analysis of the terminological construct of “constitutional politics”. Analysis is conducted on correlation between the legal and political components of constitutional politics. The author indicates the peculiarities of legalistic and macro-sociological approaches towards the essence of the phenomenon in question; determines key peculiarities of the American and European models of constitutional politics; as well as examines the correlation between constitutional politics and state (public) policy. The article presents an original definition and outlines the object field of the Russian constitutional politics as an interdisciplinary term. This work is first to apply the terminological inter-paradigm construct of “constitutional politics” in terms of the analysis of corresponding processes within the history of Russian legal and political science. to apply the terminological inter-paradigm construction "constitutional policy", widely spread in Western thought, to the analysis of relevant processes. A brief overview is presented on the European and American approaches towards constitutional politics is presented. The author draws conclusions on the prospects of the indicated interdisciplinary approach, and proposes the subject of research with regards to the Russian constitutional politics.

DOI: 10.7256/2454-0706.2020.9.33664

Abstract: The subject of this research is the norms of international and domestic legislation on state (municipal) procurement and corruption prevention, as well as the scientific works on the determinants of corruption crime in this field. The goal consists in identification of the subjective and objective determinants of corruption crime in the area of state and municipal procurement. The author sets a task to analyze and generalize the established within scientific literature approaches towards explanation of the determinants of corruption crime in the indicated sphere, as well as to systematize such determinants by content and origin. The scientific novelty consists in systematization and generalization of scientific knowledge on the determinants of corruption crime in the area of state (municipal) procurement. The author explores subjective and objective determinants of corruption crime in this field, and based on their content, reveals the socio-psychological, socio-economic, political, legal and organizational-administrative determinants of corruption crime in the area of state (municipal) procurement. The conclusion is made that due to continuous reform in the corresponding legislation in this area, as well as the instability of socioeconomic situation for ensuring the prompt adaptability of the system of corruption prevention in area of state (municipal) procurement, it is necessary to provided regular monitoring of the determinants of such type of crime.

DOI: 10.7256/2454-0706.2020.9.33949

Abstract: The subject of this research is the conceptual and financial-legal aspects of project management aimed at implementation of national projects. The goal consists in comparison of the sources of public legal regulation, analysis of the legal mechanism of implementation of national projects, and formulation of recommendations for its improvement. Analysis is conducted on the formation and realization of project management in the Russian Federation, which functional purpose consists in improving efficiency of the national projects. The relevance lies in the establishment of public legal grounds for implementation of national projects. The theoretical framework contains scientific works of scholars and practitioners in the field of law and economics dealing with the project management in public sector. As a result of the conducted analysis on national and international legislation with regards to project management, the author reveals the essential characteristics of project in the area project management, describes the process of implementation of national projects, and outlines the problematic aspects from the perspective of administrative and financial law. The novelty lies in substantiation of the need for improving legal regulation of project management in the Russian Federation. It is noted that legislation in the area of project management is fragmentary, and the law regulates only isolated elements of project management. Practical importance of this work consists in determination of the role of subjects of national project management and state financial bodies, as well in formulation of recommendations on practical application of norms with regards to implementation of national projects.

DOI: 10.7256/2454-0706.2020.9.33898

Abstract: We are witnessing a formation of the new institution of recognition, which can be referred to as the “official recognition of facts”. Such seemingly different political themes as annexation of Crimea by the Russian Federation, the “Skripal Case”, or the status of the Golan Heights have an important common parameter – each of them has become an object of recognition by at least one country. Examination of the causal links that conduce certain countries to issuing the acts of recognition of long-past events or territorial changes are of considerable scientific and practical interest. Recognition of facts by the state is of paramount importance, as it[WU1]  is documented and reflects stance on a specific event, fact, or occurrence. Recognition ensures legitimacy for further actions of the state and initiates a chain of related political and legal events, including sanctions. Over the recent years, recognition of facts by the countries has become more frequent, and virtually becomes a means of political manipulation. Classification of the facts and events that have most often been the subject of recognition allows determining the common trends in the procedure of recognition, as well as the factors that prompt the country to resort to such step. Thus, at times strange and illogical actions of the state associated with the official recognition or non-recognition of the fact acquire a specific political and legal meaning, and allow analyzing the new strategic vectors in intergovernmental relations.

DOI: 10.7256/2454-0706.2020.9.33696

Abstract: The subject of this research is the system and types of normative legal acts that regulate the establishment and activity of the Central Committee on Prisoners of War and Refugees as a part  of the Council of People’s Commissars on War Affairs of the RSFSR prior to being assigned to People's Commissariat for Interior Affairs of the RSFSR in May 1919. The establishment of migration authorities took place in the objectively severe conditions of civil war and foreign intervention, which affected their legal status. The scientific novelty of this work consists in provision of classification of legal acts in accordance with the legal force, subjects of compliance, content area, and the nature of regulations contained therein. The conducted research demonstrates that the formation of grounds of legal regulation of the activity of the Central Committee on Prisoners of War and Refugees tool place simultaneously with the establishment and development of the Soviet law as a new historical type of law, and these grounds are its constitute elements. The obtained results significantly broaden our historical knowledge, allow rationalizing experience of the past and implementing it in the educational process along with the current practice aimed at improvement of organization and activity of migration authorities.

DOI: 10.7256/2454-0706.2020.9.33607

Abstract: The subject of this article is the activity of the prosecuting attorney in the maintenance of public prosecution. The research methodology includes dialectical, logical, formal-legal, and hermeneutical methods. The legal framework for this research is comprised of the Constitution of the Russian Federation, criminal procedure legislation, as well as local normative acts regulating the questions of participation of prosecutors in the judicial stages of criminal proceedings. Emphasis is made on the questions of theoretical and applied nature, related to consideration of criminal case materials by the prosecutor. The article explores the positions of scholars regarding prosecutor’s preparation for the legal proceedings, specificity of prosecutor's work at the stage of preparing for maintenance of state prosecution in court. The conclusion is formulated that the effectiveness of maintenance of prosecuting attorney depends on the level of his preparation to the legal proceedings, which includes examination of criminal case materials. The author highlights two key stages of preparation of the prosecutor to maintenance of public prosecution: examination and subsequent evaluation of criminal case materials; participation in the preliminary hearing and fundamental consideration of criminal case .The author believes that activity of the prosecutor is aimed at formation of inner conviction and maintenance of prosecution in court.

DOI: 10.7256/2454-0706.2020.9.33931

Abstract: This article is dedicated to examination of certain controversial issues on the attributes of court rulings, as well as reasonableness of their delineation into final and provisional. The research demonstrates that the key attributes of provisional court ruling within the science of criminal proceedings consist in their auxiliary nature, peculiarities of coming into force, and feasibility. Expansion of the essence of the category of “auxiliary nature” of court rulings in combination with the requirements of criminal procedure law on ensuring rights and legal interests of the parties of criminal proceedings allowed the author to refute the affiliation of this attribute to separate court rulings out of a number of provisional. The author is equally critical towards other indicated attributes. The authors formulates an original approach towards classification of court rulings based on the priority of protection of rights and legal interests of the parties to criminal proceedings, namely proposes placing such attributes into the foundation of delineation of court rulings as impact upon constitutional rights of the parties to criminal proceedings. Presence of this impact also substantiates the possibility of independent appeal to the higher judicial instances.