DOI: 10.25136/2409-7136.2024.1.69475

EDN: PXKPYI

Abstract: The article considers such a basis for the cancellation or modification of the sentence by the court of appeal as the consideration of a criminal case without the participation of a defender (lawyer), when his participation is mandatory in accordance with the the Code of Criminal Procedure, or with another violation of the right of the accused to use the help of a defender. This issue is investigated by the author in the context of the fact that paragraph 4 of Part 2 of Article 389.17 of the Code of Criminal Procedure of the Russian Federation includes two independent grounds for revoking the decision. The main focus is on the category of "other violations". Based on the study of judicial practice, the author notes the variety of cases that are considered by higher authorities as violations of paragraph 4, part 2 of Article 389.17 of the Code of Criminal Procedure of the Russian Federation and entail the cancellation of the decision of the court of first instance. The article gives a critical assessment of the approach according to which the violation of the defendant's right to use the help of a defender can in certain cases be compensated by the court of appeal, therefore, the detection of such a violation should not always entail the return of the criminal case to a new trial in the court of first instance. It is noted that this approach is obviously incorrect, and this position is justified. When writing an article, the author uses such methods as analysis, synthesis, logical, comparative legal, formal legal. The author concludes that if the court of appeal, in violation of the defendant's right to use the help of a defender in the court of first instance, does not send the case to a new trial, but independently makes up for the violation, it thereby deprives the defendant of the opportunity to exercise proper protection in two judicial instances. The session of the court of appeal cannot fully replace the proceedings in the court of first instance, since the rules for examining evidence are established in the appellate instance, which differ from the rules of the court of first instance (in terms of the procedure for research). The author of the article considers the position of the courts to be correct, in which the courts recognize the violation of the defendant's right to use the help of a defender as an irreparable violation, which should entail the cancellation of the decision with the referral of the case to the court of first instance. The article presents the positions of process scientists on the problem under consideration.

DOI: 10.25136/2409-7136.2024.1.69611

EDN: MBGXPF

Abstract: The subject of this study is the concept of "corporate conflict", its problematic aspects when defining, signs, as well as alternative ways to resolve such conflicts in different countries of the Asia-Pacific region. The author examines many diverse approaches to the concept of "corporate conflict", based on the opinion of scientists from the Asia-Pacific region and draws conclusions based on the selected literature. The author also examines in detail alternative ways of dealing with corporate conflicts in such Asia-Pacific countries as the USA, China, Japan. The author highlights the types of alternative dispute resolution unknown to the legislation of the Russian Federation, such as mini-trial, common in the United States, and formal commercial mediation used in the PRC. Attention is also paid to alternative dispute resolution methods such as mediation, arbitration, ombudsman and the combination of mediation and arbitration.  The author uses such scientific research methods as description, analysis, synthesis, comparative legal method, sociological method. The scientific novelty of the study lies in the fact that it includes an analysis of existing alternative mechanisms for resolving corporate disputes in the law of the countries of the Asia-Pacific region. The author also identifies the signs and features of the concept of "alternative conflict" based on the research of a group of scientists from different countries and gives his own definition of this term, which is the most complete, and, in the author's opinion, takes into account all the features of this concept. The conducted research can help entrepreneurs understand the possibilities of out-of-court dispute resolution when doing business in the countries of the Asia-Pacific Region, and can also contribute to the scientific community to evaluate special types of alternative dispute resolution methods and consider the possibility of applying these methods in practice in the Russian Federation.

DOI: 10.25136/2409-7136.2024.1.69644

EDN: LUOQUZ

Abstract: The article discusses issues related to the implementation of behavioral supervision of the Bank of Russia over the activities of microfinance organizations, including the provision of loans. The main purpose of the study is to identify changes in approaches to supervision in the microfinance market since the transition to mega-regulation, identify the reasons for the emergence of a new type of supervision aimed at protecting the rights of consumers of financial services, and analyze the work of the mega-regulator in this area. The study examines in detail the issues of legal regulation of the implementation of behavioral supervision in this area and the consolidation of relevant provisions at the level of normative legal acts. Special attention is paid to the results of this supervisory activity of the Bank of Russia, in particular, their reflection at the level of the relevant acts of the mega-regulator. The methodological basis of the research is the general scientific method of analysis, private scientific methods of formal legal analysis and interpretation. The results of the application of behavioral supervision by the Bank of Russia are analyzed and it is shown that this type of supervision is an effective tool for supervisory activities, allowing not only to monitor compliance with the requirements of current legislation, but also to combat unfair practices on the part of supervised organizations. The importance of the preventive component of behavioral supervision is separately noted. Problematic aspects in legal regulation are considered, including the lack of a legal definition of the relevant term and special norms at the level of normative legal acts, and, as a result, the need to improve the legal regulation of behavioral supervision. The novelty of the study lies in the proposed concept of behavioral supervision of the Bank of Russia over the activities of microfinance organizations, as well as in the analysis of the use of a new type of supervision by the mega-regulator in relation to specific subjects of the financial market.

DOI: 10.25136/2409-7136.2024.1.69703

EDN: JSZSQY

Abstract: The subject of the study is certain areas of criminal law policy in the field of protection of fair competition, namely the current state of criminalization of acts restricting fair competition, the signs of which directly or indirectly correspond to violations of the Federal Law "On Protection of Competition", disadvantages of criminalization of such acts, as well as violations of the rules of legislative technique in their design, differentiation of criminal liability for committing such crimes, law enforcement in the field of criminal law counteraction to the restriction of fair competition. The purpose of the work is to identify the problems of criminalization of acts restricting fair competition in their relation to the Federal Law "On Protection of Competition", the shortcomings of differentiation of criminal liability for their commission in the light of official recognition of the need to counter anticompetitive violations as a threat to economic security, and ways to eliminate them. The research methodology is based on general scientific and private scientific methods of cognition - system analysis, logical, comparative, formal dogmatic, legal forecasting, classification method. The novelty lies in the fact that the author: 1) a study of the provisions of the Criminal Code of the Russian Federation for the content of crimes in it, the signs of which are directly or indirectly related to violations of the prohibitions of the Federal Law "On Protection of Competition", an analysis of this ratio, as well as their reflection in law enforcement; 2) proposals on criminalization of collusion at auctions, depending on the subject of collusion; 3) given analysis of violations of legislative technique in the description of crimes, the signs of which may be associated with violation of the prohibitions of the Federal Law "On Protection of Competition"; 4) it is concluded that new qualifying or especially qualifying signs are included as means of differentiating criminal liability for encroachments on fair competition, the shortcomings of existing sanctions are studied and ways to eliminate them are proposed. The conclusions are that in order to solve the tasks of countering anti-competitive acts as a threat to economic security, it is necessary to reconsider the approach to criminalizing acts that restrict competition, in particular, by clarifying the signs of their objective side, expanding the grounds for criminal liability for anti-competitive agreements, differentiating responsibility for their commission by clarifying qualifying and especially qualifying signs, improving the sanctions mechanism.

DOI: 10.25136/2409-7136.2024.1.69699

EDN: JAEKMQ

Abstract: The subject of the study is normative and other legal acts, materials of law enforcement practice, provisions of domestic legal theory concerning the security of the Russian economy in the context of sanctions pressure. The object of the study is public relations regulated by regulatory acts that consolidated anti-sanctions measures. The purpose of the research is to study, generalize, theoretical and practical understanding of the legal regulation of ensuring the economic security of the Russian Federation, to develop on this basis a set of theoretical conclusions, legislative proposals and practical recommendations that provide a modern understanding of legislation in the field under consideration. Special attention is paid to the analysis of the main anti-sanctions measures taken in the Russian Federation to counteract restrictions in the economic sector, which made it possible to stabilize the situation in the Russian national economy as soon as possible. The methodological basis for achieving the set research goal was the methods of complex, systemic, comparative legal, informational, and statistical analysis. The conclusions of the study also have a scientific novelty: in the context of the strengthening of existing and the emergence of new challenges and threats to economic security, the Russian Federation maintains a fairly high level of economic sovereignty and socio-economic stability. Our country needs to continue its policy of rapid response to the sanctions pressure of unfriendly states, regulatory acts are required to be adopted aimed at structural changes in the Russian economy and reducing the dominance of Western instruments in foreign trade relations, infrastructure development and strengthening partnerships with friendly states, investment development, active improvement of digital financial technologies, updating and prolonging the implementation of national projects. The above measures should contribute to improving the well-being of Russian citizens and ensuring sustainable socio-economic development of Russia.

DOI: 10.25136/2409-7136.2024.1.69709

EDN: IPRZFR

Abstract: Within the framework of this article, the most common crime against a person is considered - the threat of murder or causing serious harm to health. In the course of studying law enforcement practice, a number of problems arise both in the framework of the implementation of the criminal law norm provided for in Article 119 of the Criminal Code of the Russian Federation, and in the individualization of criminal legal impact on a person who has made a threat to kill or cause serious harm to health. In this regard, the subject of this study will be: the criminal law norm contained in Article 119 of the Criminal Code of the Russian Federation; materials of judicial and investigative practice related to the implementation of the criminal law norm provided for in Article 119 of the Criminal Code of the Russian Federation; works on the theory of criminal law, which investigated controversial issues of criminal law and criminological characteristics of the threat of murder or causing serious harm to health; the ruling of the Constitutional Court of the Russian Federation, statistical data and data from its own sociological research. In this article, general scientific and private scientific methods of cognition were used: system-structural, reduction, deductive method, method of interpretation, formal legal method The novelty of the research lies in the formulation of the author's concepts of "mental health" and "social health" of a particular person who is harmed as a result of making a threat of murder or causing serious harm to health. In order to eliminate contradictions arising in the qualification of a threat of murder or serious harm to health committed using mass media, information and telecommunication networks, including the Internet, the author has developed a classification of the threat of murder or serious harm to health according to a quantitative criterion and the concept of "grounds to fear the threat". For a uniform understanding by citizens and the correct enforcement of the purpose of making a threat to kill or cause serious harm to health, the author's concept of "intimidation" is formulated. The author gives recommendations on more effective application of aggravating and mitigating circumstances for committing a threat of murder or causing serious harm to health.