DOI: 10.25136/2409-7810.2019.2.29328

Abstract: The improvement of the mechanism of legal protection should be based on profound social and scientific grounds. The research object is social relations aimed at ensuring safety of a person, society and state from threats connected with vehicles operation in the Russian Federation. The research subject is the set of legal acts in the field of transport safety and Russia’s administrative and criminal legislation in the field of responsibility for dangerous operation of motor vehicles. The body of general scientific and specific legal research methods helps formulate the insights. In the result of studying the problems of criminal responsibility for dangerous operation of motor vehicles, the author distinguishes a repressive and a moderate repressive approaches. It is supposed that it would be justified to return a provision establishing responsibility for leaving the scene of an accident into the chapter 27 of the Criminal Code of the Russian Federation in order to increase drivers’ responsibility and reduce traffic accident rate.  

DOI: 10.25136/2409-7810.2020.4.34860

Abstract: The research subject is the legal status of jurors and commercial court assessors; the research object is social relations emerging during the implementation of substantive and procedural rules defining the status of the above mentioned categories of assessors according to the Russian national legislation as judges ad hoc. The author analyzes the legislation regulating the jurors and commercial court assessors focusing on its interpretations - judicial and doctrinal. The research contains the discussions with Russian scholars on the research topic, generalizes their views, describes contradictions and demonstrates the differences in their opinions. The author uses the statistical and other methods and arrives at particular conclusions. The author places the conclusions and suggestions both in the very text and in the executive summary of the article. The main is the conclusion about the equality of legal statuses of federal judges, jurors and commercial court assessors, and the equality of the statuses of federal judges emeritus and court assessors with the expired tenure. The novelty of the research consists in particular suggestions about the improvement of the legislation and detailed (compared with other works) elaboration of the status of court assessors. The author’s contribution consists in the elaboration of the problem which is of theoretical and practical importance, and is particularly urgent in the context of the judicial reform and law enforcement activities affecting protected persons.

DOI: 10.25136/2409-7810.2021.3.36961

Abstract: Sustainable socio-economic development of Russia is a strategic guideline for the creation of favorable conditions for entrepreneurship in the country. Article 6 of the Federal Law “On the development of small and medium entrepreneurship in Russia” of July 24, 2007 No 209 states that the governmental policy in this sphere is a part of the state socio-economic policy, and is a composition of political, economic, social, informational, legal, organizational, educational and other steps taken by Russia’s public and local authorities.  At the same time, in the last few years, the cases of illegal acquisition of budgetary funds by business entities in the form of federal, regional and local subsidies have been registered more and more often. Law enforcement agencies failed to effectively detect and investigate these crimes, which can be explained by the lack of methodological support of their work and modern tools based on information technologies. Intelligence support plays a significant role in the investigation of fraud connected with subsidies in the sphere of small and medium entrepreneurship. It is explained not only by the large amount of documentation and the spatiotemporal dissemination of a crime scene, but also by the fact that in most cases, the illegal acquisition of subsidies by small and medium business entities is pretends to be a legal economic activity.  The research subject is the laws of organizational and methodological support of the work of law-enforcement agencies aimed at the detection and investigation of fraud-related crimes. The scientific novelty of the research is determined by the solution of its tasks, and consists in the substantiation of conclusions about the natural interrelation between the organization and the method of investigation of fraud-related crimes connected with the acquisition of subsidies in the sphere of small and medium business, and the development of ways of their improvement.   

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: 10.25136/2409-7810.2021.3.37050

Abstract: The research object is social relations in the field of legal regulation of the composition of a crime carrying responsibility for purchasing, storage, transportation, processing for the purpose of illegal sale, and illegal sale of timber known to be illegally harvested, according to the article 191.1 of the Criminal Code of Russia. The research subject is Russia’s legislation imposing responsibility for the sales of illegally harvested timber, the materials of judicial practice, and theoretical views of scholars. The research methodology is based on the general dialectical method. The author also uses such research methods as logical, formal-legal, and teleological ones. The research is based on both general scientific and specific methods of scientific cognition. The purpose of the research is to formulate the proposals about the improvement of the practice of application of the article 191.1 of the Criminal Code of Russia. The scientific novelty of the research is determined by the fact that it contains theoretical provisions about the improvement and application of the article 191.1 of the Criminal Code. Particularly, the author describes the contents of particular constituent elements of this offence, including the evaluative and blanket ones, and formulates the proposals about the classification of crimes described in the article 191.1 of the Criminal Code. The author arrives at the conclusion that a crime, described in the article 191.1, is a new form of involvement in a crime, and the predicate deed is illegal harvesting of timber (article 260 of the Criminal Code, part 1 and 2 of article 8.28 of the Administrative Offences Code).   

DOI: 10.25136/2409-7810.2021.4.36385

Abstract: The research subject is the system of social protection of law enforcement officers which includes various types of assurance depending on a particular situation. One of the types of assurance is public compulsory insurance of particular categories of public servants including internal affairs officers. Controversial issues appear in legal practice related to sectoral affiliation of legal relations in this sphere of insurance since legal relations are based on agreements (contracts). It influences the level of safety of internal affairs officers and defines the order of exercise of their right to insurance. The analysis of decisions of the Constitutional Court of Russia demonstrates that in this case it is not advised to assign paramount importance to agreement-based way of regulation, and arrive at the conclusion about the civil nature of these relations. The Constitutional Court has detected the presence of public obligation of the state underlying these relations and changing its nature. Besides, according to its functions, public compulsory insurance is in many respects similar to compulsory social insurance. Based on this fact, it’s possible to conclude that in its core, public social insurance corresponds with social assurance methods of insurance.

DOI: 10.25136/2409-7810.2021.2.32161

Abstract: The article considers the topical issues of facial recognition in video images. The author studies the modern methods of using facial recognition technologies. The research covers the current methods and software systems able to use list-based facial recognition technologies. The article contains the requirements to information technologies and means, and to the reference facial images. Special attention is given to the problems of legal regulation of the requirements to technical means used for image acquisition. The author analyzes the factors impacting on the objectivity and comprehensiveness of imaging a person’s appearance. The author analyzes one of the groups of factors connected with the conditions of recording. The author arrives at the conclusion that in order to raise the effectiveness of the work of video observation systems, it is necessary to follow the requirements to information technologies and information references. The author notes that, based on the tasks of law-enforcement agencies and the analysis of factors impacting on the effectiveness of video observation systems, there is a necessity to develop a video observation systems evaluation system.   

DOI: 10.25136/2409-7810.2020.1.32201

Abstract: The author considers the issue of the necessity and feasibility of regulating the procedure of counting a restrictive measure as a court-imposed disciplinary punishment, counting the served disciplinary term as a term of punishment, and counting the served term as a disciplinary measure. The research subject is the particular provisions of the current legislation regulating the institution of coercive measures and the judicial practice of imposition of restrictive and disciplinary measures on minors, and particular provisions of foreign legislation regulating this sphere. The research methodology is based on the combination of methods of scientific cognition, including the comparative-legal, formal-legal, and statistical methods, and the methods of logic analysis, synthesis, induction, deduction and generalization. The author suggests amending chapter 14 of the Criminal Code of the Russian Federation with a provision regulating the procedure of registration and counting of a restrictive measure when imposing a disciplinary measure, and the term of a served part of the disciplinary measure when defining the term of punishment, and the formal criteria of transforming the imposed punishment into a coercive measure.   

DOI: 10.25136/2409-7810.2020.2.32382

Abstract: The research subject is the descriptors of legal deontology within the structure of legal awareness organization of a personality of a future lawyer. The authors consider such aspects of the issue as the detection of descriptors of legal deontology in the process of formation of professional legal awareness of future layers. Special attention is given to the detection of such descriptors of legal deontology as understanding of its essence and importance, and readiness to use a person’s own commitments in practical activity which is important for the formation of ideas about the levels of legal awareness organization of a personality of a lawyer. The research methodology includes the main principles of the theory of legal deontology, whose ideology promotes understanding of moral structures of a lawyer’s personality with account for their activity. The key characteristics of morality in accordance with the provisions of descriptive theory allow forming the concept of the levels of legal awareness of a lawyer. The authors use the descriptive method based on the analytical descriptive jurisprudence of H. Hart; the sociological method (questionnaire survey) which helps to define the rank role of descriptors of legal deontology as a professional concept. The authors detect the descriptors of legal deontology which help to define the levels of legal awareness of future lawyers. It is established that the priorities in understanding the essence of legal deontology, and understanding the role and readiness to use the moral commitments are organized in such an order that professional attributes of a lawyer are in the first place followed by the moral ones.   

DOI: 10.25136/2409-7810.2021.1.35196

Abstract: The research subject is theoretical and practical developments of the need for legislative regulation of a legal prohibition of intentional non-payment for energy loss cost at electrical grid facilities. The research object is social relations ensuring legal protection against electrical energy misuse by electrical grid facilities. The authors study the distinction between  the non-payment for actual energy loss cost and the similar civil wrongs. Special attention is given to subjective and objective signs which should be established in order to classify the offense as the illegal use of electric energy which has caused property damage to the energy supplier. The research methodology is based on the general dialectical, logicalm formal-legal, hermeneutical, and statistical research methods. The scientific novelty of the research consists in the fact that the imposition of criminal responsibility for deliberate non-payment for electric energy loss at electrical grid facilities is an area of concern in a current law enforcement practice as it requires the establishment of an objective and subjective parties to an offence and its distinguishing from other civil wrongs. The absence of a common strategy of imposition of criminal liability on those responsible can cause the growth of the number of illegal and unreasonable decisions during a pre-investigation review, and therefore, the growth of equivalent crimes. It explains the need for the optimization of legal measures by means of amending the current Resolution of the Supreme Court Plenum, or the article 165 of the Criminal Court of the Russian Federation with a new regulation on illegal use of electric energy. 

DOI: 10.25136/2409-7810.2019.3.30335

Abstract: The research object is the investigation activities aimed at the formation of a body of evidence with the help of video recording of events related to crimes specified in the article 173.1 of the Criminal Code of the Russian Federation. The author considers such aspects of the topic as possible places where videotapes in question can be found, the ways of their seizing at the stage of initiation of a criminal case, and tactical peculiarities of seizing and studying these videotapes. The author describes the common errors connected with seizing and studying such videotapes and analyzes the consequences of these errors. The research is based on the complex use of general scientific methods of cognition along with empirical and theoretical approaches. The scientific novelty of the study is determined by the necessity to improve the technique of investigating such types of crimes, to broaden the applied body of evidence in order to come to a well-argued decision in a case, to systemize knowledge about the specificity of seizing and studying videotapes, and to give practical recommendations on formulating particular circumstances which are to be reflected in the corresponding investigation reports. The author states the necessity to establish minimum requirements to the description of the content of an on-site inspection report at seizing and studying CCTV tapes in order to preserve a videotape as evidence and to use it for evidence assessment. The integrity of the seized video materials should be ensured in order to find all perpetrators connected with illegal founding of an organization.   

DOI: 10.25136/2409-7810.2020.2.32567

Abstract: The research subject is theoretical and practical development of the social need for legislative regulation of criminal legal prohibition of assembling a complete vehicle out of separate (sawed) parts. The research object is social relations ensuring criminal legal protection of order in the field of allowing to operate a vehicle. The author considers such aspects of the topic as the impact of a complete vehicle assembled out of separate (sawed) parts on road traffic safety. Special attention is given to the issue of legalization of stolen vehicles by means of assembling a complete vehicle out of separate (sawed) parts. The research methodology is based on dialectical, historical, comparative-legal, statistical, and sociological methods of scientific cognition. The author’s main contribution is the conclusion about the necessity to improve the legislation by means of modification of article 326 of the Criminal Code of Russia, which would allow strengthening criminal legal resistance to such phenomena as tampering or destruction of a vehicle, and ensure road traffic safety.   

DOI: 10.25136/2409-7810.2018.2.26409

Abstract: The subject of the research is the problem of information resources of operative investigation and technical criminalistical tasks resolved by investigators and inspectors in the course of crime detection and investigation. The authors outline the most typical features and patterns of the development and application of existing information funds, collections, and atlases that contain a description of the  most commonly used items and traces designated for accurate and detailed description of an object in an investigation protocol (inspection, seizure, search), the latter being an essential condition for the validity of material evidence. The methodology of the research is based on the methods of analysis and interpretation of applicable laws and conceptual provisions of information management and analysis in criminal research as well as application of the law to investigation of crime. As a result of the research, the authors define and prove the need of transfer from the traditional information management of everyday investigation office activities to the cloud computing technology as part of computer-based criminalistics. At this state of the development, criminalistics pay a lot of attention to electronic media that can be accessed both locally and remotely via the Internet. 

DOI: 10.7256/2409-7810.2016.4.19399

Abstract: Researchers recognize that the institution of criminal accompliceship forms is one of the most complex and debatable issues in criminal studies. One of the main attributes of defining a form of accompliceship is the degree of participants' action coordination both in the process of preparation and commitment of a particular crime. The subject of the research is a set of objective and subjective characteristics of accompliceship that describe mutual actions performed by participants and reflect the degree of their action coordination when preparing or committing crimes as well as the degree of the social danger of a crime or crimes themselves. To ensure an objective and in-depth research, the authors compare the results to empirical research data provided by other researchers on associated matters. The authors have used the following methodological grounds: a set of general and special research methods taken from social studies and law. The authors define a 'criminal organisation' as a stable and structured organised group or association of organised groups acting under one leader which members are disciplined, conspired or united for the purposes of mutual commitment of one or several grave or gravest crimes in order to directly or indirectly receive material benefits and which have a financial basis, weapons or possibly corruptive relations with authorities. 

DOI: 10.7256/2409-7810.2015.1.14137

Abstract: The subject of the reseacrh is criminal mortality as a form of negative socially dangerous consequences of modern criminality in the Republic of Tatarstan. The aim of the study is to identify the key indicators of criminal deaths of victims in the Republic of Tatarstan, characterizing its dynamics and structure. As a result of the study of criminal mortality in the Republic of Tatarstan the author comes to the following conclusions. Firstly, the decrease in the criminal activity rate and in criminal victimization in the Republic of Tatarstan has not had a significant effect on the state of criminal deaths of victims of crime, which continues to grow, increasing the level of social danger of criminality in this region. Secondly, in the structure of criminal mortality can be noticed a negative trend - its constant growth. While the growth rates of criminal deaths from crimes against life and health of the population is much higher than the growth rate of criminal deaths from crimes against traffic safety and operation of transport. Thirdly, taking into account the negative trends associated with the rapid growth of criminal mortality in the Republic of Tatarstan, in the short term (within the next 5 years) we should expect a significant growth of quantitative and qualitative indicators of criminality in this region of the Russian Federation.The methodology of the study is based on dialectical materialism. As the main methods of cognition of criminal mortality in the Republic of Tatarstan the author uses the statistical methods: summary, grouping and statistical and structural analysis used by domestic experts in the study of criminal phenomena and processes. The scientific novelty of the research lies in the fact that on the base of official statistical data and using his own indicators (the rate of criminal mortality caused by crimes and the rate of criminal mortality among the victims of crimes) the author for the first time in Russian forensic science reveals the tendencies of criminal mortality as a consequence of one of the species the consequences of crime, using the developed by the author of indicators.