DOI: 10.25136/2409-7810.2020.3.33596

Abstract: The research subject is the scientific, organizational and methodical regularities of judicial and examination activities during the research of finance-credit relations. Special attention is given to the key provisions of finance-credit examinations and the peculiarities of their commissioning. The author uses the categories and laws of dialectical and formal logic along with general scientific methods of scientific cognition (observation, description, comparison, systematization, formalization, etc.), and specific methods (comparative-analytical and system-structural). The author also uses the techniques of the interdisciplinary approach since the research requires knowledge in the field of procedural and substantive law, theory of court examination, economics and banking law, which determines the comprehensive nature of the research. From the viewpoint of modern scientific knowledge, the author attempts to analyze court examination as an independent class of judicial economic examinations which includes objects, subclasses, typical tasks and scientific and methodical recommendations for law enforcement officers about commissioning such examinations. The research addresses the main provisions of the subtheory of a judicial finance-credit examination which either haven’t been described sufficiently enough in the scientific works, or haven’t been systematised. The author’s recommendations are aimed at unification of the judicial practice of commissioning and assessment of the results of a judicial finance-credit examination. The formation of a comprehensive idea about this examination and its modern state is necessary for the implementation of its possibilities by an investigator, a court or an inquiry officer within criminal proceedings. The result of the research is the development of recommendations for law enforcement officers about the peculiarities of commissioning of a court tax analysis in governmental and nongovernmental criminal expertise institutions connected with the peculiarities of preparation of research objects and the specificity of issues subject to the consideration of a court expert; the author formulates the list of questions to an expert.

DOI: 10.25136/2409-7810.2020.3.33574

Abstract: The research object is the criminogenic aspects of the economic situation in the Russian Federation. The research subject includes the patterns and tendencies of emergence and development of economic crime in the Russian Federation; criminal legal prohibitions of wrongful deeds in the economic field; law enforcement practice of struggle against economic crimes committed by organized groups and criminal organizations.   The purpose of the research is the development of scientifically-grounded suggestions and recommendations aimed at raising the effectiveness of  enforcement of economic crimes committed by organized groups and criminal organizations.  The research methods include content-analysis of documents, analysis, synthesis, description and comparison. The scientific novelty of the research consists in the theoretical analysis of the essence of struggle against economic crimes committed by organized groups and criminal organizations. Some other provisions of the article are remarkable for their scientific novelty, particularly: a) the authors outline the features of modern organized criminal groups and criminal organizations; b) the authors define the main directions of criminal aspirations of organized criminal groups in the economic field; c) the authors outline the methods of economic crimes committing used by organized groups and criminal organizations.    The key findings of the article are: based on the established tendencies and patterns, the authors believe that the main directions of the further improvement of internal affairs bodies’ activities, particularly the investigation activities of economic security and anti-corruption enforcement units, in the field under consideration, will be the improvement of the work of specialized internal affairs units and their involvement in solving the tasks of struggle against economic crimes committed by organized groups and criminal organizations by means of subversive operations against economic and financial grounds of criminal organizations and their corrupt connections, and by means of effective information and analytical work, prognostication, planning, internal and external interaction.   

DOI: 10.25136/2409-7810.2020.3.34404

Abstract: This article is devoted to the analysis of the role of corporate control in the organization and activities of joint-stock companies. The authors believe that corporate control in a joint-stock company should be understood as a system of relations between the management bodies and officials of the issuer, owners of securities (such are shareholders, owners of bonds and other securities), as well as other interested parties involved in the management of the issuer as a legal entity in one way or another. The article analyzes the principles of corporate control, in particular: centralization of management; decentralization; coordination of the activities of a joint-stock company as a corporate organization; legality; participation of shareholders in the work of the management bodies of a joint-stock company; integrity and reasonableness. В  This article uses a number of methods of scientific research, such as: formal-logical; comparative-legal; historical; deduction; induction; classification. The authors have formulated the main function of corporate control, which is expressed in ensuring the efficiency of the joint-stock company in the interests of shareholders who have provided the company with financial resources for its activities. The role of corporate control is substantiated in the work: it allows to coordinate the divergent interests of shareholders, management of joint-stock companies, controlling state organizations; thanks to it, it becomes possible to resolve conflicts of majority and minority shareholders; it allows for the continuous, continuous and progressive development of a joint-stock company; thanks to it, it is possible to ensure that the management's activities are aimed at the development of a joint-stock company, and not just to satisfy the desires of shareholders.

DOI: 10.25136/2409-7810.2020.3.34140

Abstract:   The research subject is the set of laws regulating the grounds for and the procedure of an external pat-down by the police officers. The research object is social relations emerging during an external pat-down carried out by the police officers for the purpose of public order and safety protection. The article deals with the questions of public order protection by the police officers using an external pat-down. The author considers the problems of legal regulation of this type of search using comparative analysis, and defines the organizational aspects of an external pat-down. The author focuses on the legal grounds for the prevention of citizens’ counteraction to police officers performing an external pat-down. The scientific novelty of the research consists in the complex analysis of an external pat-down carried out by police officers for the purpose of personal safety protection. Based on the analysis of laws and law-enforcement practice, the author defines the tactics of police officers carrying out an external pat-down in situations beyond the scope of legal regulation. The author emphasizes the necessity to strictly observe civil and political rights during an external pat-down. In this context, the author draws attention to the peculiarities of carrying out an external pat-down by a police officer of the same gender as a searched person, and the legality of actions in case the objects, potentially dangerous for the police officers but not prohibited for civilian circulation, are found.  

DOI: 10.25136/2409-7810.2020.3.34115

Abstract: The research object is the social relations in the sphere of gun control. The research subject is the federal legislation, regional laws and departmental regulations formalizing the jurisdiction of the Ministry of Internal Affairs and the National Guard Troops Service to collect illegal guns from the population on a remuneration basis. The purpose of the research is, based on the analysis of laws and law enforcement practice, to develop suggestions and recommendations aimed at the improvement of organization of the collection of illegal arms from the population on a remuneration basis. The research methodology is based on general scientific and specific research methods, such as the axiomatic, hypothetico-deductive, comparative-legal, historical-legal, system-structural, formal-logical, statistical and sociological methods. The authors consider the problems and carry out the critical analysis of the current state of the Russian legislation regulating the actions of law-enforcement (police) bodies aimed at the collection of illegal arms from the population on a remuneration basis. The authors carry out the historical and comparative-legal analysis of such activities in Russia and abroad; analyze regional laws aimed at the harmonization of social relations in the sphere under consideration; formulate the suggestions about the improvement of legal regulation of the collection of illegal guns from the population on a remuneration basis. The scientific novelty of the research consists in the fact that it is one of the first works published in the recent years offering the solution to legal and organizational problems faced by the Ministry of Internal Affairs and the National Guard Troops Service during the collection of illegal arms, guns and other weapons from the population.   

DOI: 10.25136/2409-7810.2020.3.33257

Abstract: The article considers the problem of the improvement of methodology and information support for trace evidence analysis of the signs of production and technology mechanisms on mass-production items. The research subject is the patterns of formation of the signs of production and technology mechanisms on mass-production items. The research object is the expertise practice of analyzing mass-production items and the standardization of methodology, science, and information support for this form of activity. The purpose of the research is to study the problem aspects of organizing and performing a technological expertise and the formulation of ideas about the improvement of methodology, science and information support for trace evidence analysis of the signs of production and technology mechanisms. The scientific importance of the research is determined by the fact that the author generalizes and analyzes the practice of trace evidence analysis of the signs of production and technology mechanisms and defines the weak points of methodology, science and information support for this type of expertise. Based on this analysis, the author formulates proposals and recommendations for their solving. Along with the scientific significance, the research has practical orientation which consists in the set of measures aimed at the improvement of methodology guidance for performing a trace evidence analysis of the signs of production and technology mechanisms, optimisation of experts’ work, the prevention of expert errors during trace evidence analysis.

DOI: 10.25136/2409-7810.2020.3.34053

Abstract: The research subject is the scope of criminal law principles with double prevention which prevent not only the acts directly prohibited by law, but also other, usually much gravier crimes. The author considers the existing approaches to the definition of the term and the legal essence of principles with double provision. It is noted that the conventional definition is not universal and doesn’t reflect the essence and the mechanism of the preventive action of the principles. In its turn, the insufficient knowledge of the mechanism of preventive action of the principles with double prevention hampers their differentiation and systematization. Using the method of systems analysis and structural-functional analysis as a basis, as well as the dialectical, logical and formal legal methods as additional methods, the author arrives at the conclusion about the existence of two types of legal principles with double prevention which differ in the specificity of the mechanism of preventive action. The first type of principles with double prevention is aimed at preventing criminal deformation of a person at the early stages, while the second one - on the neutralization of criminogenic situations. The author formulates the definition of principles with double prevention which reflects the specificity of the mechanism of preventive action, and systematizes them in order to analyze the practical implementation of principles with double prevention.