DOI: 10.7256/2454-0706.2018.6.26387

Abstract: The object of this research is the criminal procedural relations forming in the course of preparation for trial within pretrial procedure on criminal cases, including hearing of motions on investigation. The author points out that certain aspects of judicial activity in such legal and social significance remain without proper attention from the legislator. The subject of the research is the institution of trial preparation. Its most interesting aspect is the differentiation of this institution, consequences of this process and its manifestation in the criminal procedural legislation. The author formulates proposals that would allow organizing the procedural work of the judge and other parties in the trial at the pretrial stage of the criminal procedure, including hearing of motions on investigation. Original proposals are devised and substantiated by the author pertaining to the form of realization of the pretrial preparation institution for hearing motions on investigation during pretrial in criminal cases.

DOI: 10.7256/2454-0706.2018.6.26352

Abstract: The subject of this article is examination of the question of the enforcement of people’s right to self-determination through holding a referendum. From the perspective of realization of self-determination as a collective right, the referendum suits the most, as each member of the public can be heard and their combined pinion received. Within the framework of the research, the author analyzed the well-known referendums within national and international practice regarding the realization of right to self-determination, which resulted in the emergence of new sovereign states. A conclusion is made that a referendum has to match a set of criteria in order for it to be recognized by the international community as legitimate. The possibility of holding a referendum must be enshrined in national law, or obtained based on arrangement with the central state. In separate cases, referendum can be held at the initiative or under control of the international organization. The author believes that the realization of people’s right to self-determination through referendum is one of the most efficient means, as it allows obtaining the direct response of the people.

DOI: 10.7256/2454-0706.2018.6.26536

Abstract: This article examines the theoretical positions on the role and place of Islamic finances within the system of public finances of the countries of the Arab East. The author substantiates the need for differentiation of the notions of “public finances”, “private finances”, and “Islamic finances” in the countries of the region, as each of the listed institutions has own individual peculiarities. It is also worth noting that in the countries of the Arab East the problem is exacerbated by the presence of the own system of values based on religion. The conducted analysis allows concluding that the division of finances into public and private in the Islamic world is problematic. At the same time, despite the substantial differences in the approach to finances in the Western and Islamic science, it is not possible to completely disassociate the Islamic finances from public.

DOI: 10.7256/2454-0706.2018.6.26537

Abstract: The subject of this research is the separate specificities of calculating interest on received and issued loans for the purposes of separate calculation of the value added tax (VAT). Particular attention is given to the analysis of the applicable positions of the Paragraph 4 and Paragraph 4.1 of the Article 170 of the Tax Code of the Russian Federation. The author carefully examines the bases for calculating interest in received loans as part of total expenses on operation that are not subject to VAT, as well as interest on issued loans. Analysis is conducted on the legal practice and scientific publications on this topic. The scientific novelty of research consists in the comprehensive study of the bases for calculation of interests on received and issued loans for the purposes of separate calculation of VAT, as well as the research of the question whether or not the fiscal year receipt of interest in the amount that is significantly higher than the revenue from activity that is subject to VAT same as the largest part of expenses related to non-taxable activity. Among the main conclusions of the conducted research is the claim that if the procured commodities (labor, services) are not used in non-taxable operations on issuing loans and receiving interest, the corresponding amounts of VAT are subject to deduction.

DOI: 10.7256/2454-0706.2018.6.26519

Abstract: The object of this research is the social relations established in the process of creation of the normative legal framework for formation and ensuring security of the critical information infrastructure of the Russian Federation, realized with the aim of achieving its sustainable functioning in terms of conducting computer attacks with regards to the critical information infrastructure of the Russian Federation. The subject of this research is the current statutory and delegated legislation that regulate social relations in the indicated area. Special attention is given to the analysis of certain regulations of the Federal Law of 07.26.2017 No. 187-FZ “On the security of Critical Information Infrastructure of the Russian Federation”, as well as the Decree of the Government of the Russian Federation of 02.08.2018 No. 127 “About Approval of Rules of Classification of the Objects of Critical Information Infrastructure of the Russian Federation, as well as the List of Criteria of Importance of the Objects of Critical Information Structure of the Russian Federation and their Meanings”. The scientific novelty consists in the legal-technical analysis of certain positions in legislation of the Russian Federation in the area of consolidation of approaches towards determining legal meaning  of the category “critical information infrastructure”, as well as classification of the objects of critical information infrastructure of the Russian Federation. The author provides recommendations on improving the normative legal base in the examined area.

DOI: 10.7256/2454-0706.2018.6.26482

Abstract: The subject of this research is the problems of the Russian criminal policy, considering the correlation between the criminal law and the administrative legal relations. Attention is turned to the fact that the idea on criminal act would have been attractive if the Code of the Russian Federation on Administrative Offenses excludes all constituent elements that in its legal nature are not referred to administrative offences, but for some reason or other cannot be designated as crimes, although gravitate towards them. The majority of them is considered by courts as criminal acts. Based on the conducted analysis, the authors underline the need for revising the procedural norms that establish the patterns on criminal offences in the sphere of economics and preventative activity by integrating them into a single criminal-procedural form so that it does not doubt the fairness of grounds for exempting the criminal responsibility in the sphere of economic activity.

DOI: 10.7256/2454-0706.2018.6.26489

Abstract: The subject of this research is the category of subjective interest in administrative judicial procedure. The article analyzes the regulation of the Article 128 (Section 3, Part 1) of the Code of Administrative Judicial Procedure of the Russian Federation that stipulates refusal in accepting an administrative statement of claim in determining by the court the lack of legal interest of an administrative plaintiff. The author considers the scientific positions and the practice of superior courts on the question of establishing by the court of legal interest of an administrative plaintiff in the absence of partied, as well as analyzes the question of interpretation of the concept of subjective interest of an administrative plaintiff, including in legal relations on environmental protection. The following conclusions were made in the course of this work: the question on subjective interest in administrative judicial procedure can be a separate object of dispute, and a plaintiff must be afforded an opportunity to adduce evidence in order to substantiate the presence of interest. The court refusal in accepting administrative statement of claim is inadmissible in case of potential violation of the socially important interests, which can affect the interests of an administrative plaintiff. The author’s special contribution lies in conclusion on the need for adopting clarifications by the Supreme Court of the Russian Federations on the extensive interpretation of the Article 11 of the Federal Law “On Environmental Protection”.

DOI: 10.7256/2454-0706.2018.6.20913

Abstract: The subject of this research is the actors of public expertise. The object of this research is the public expertise as one of the forms of interaction between the state and civil society. Having analyzes the norms of the Federal Law “On the Bases of Public Control in the Russian Federation”, the author attempts to determine the groups of the actors of public expertise, analyze the role of each of them in pursuance of the research. Relevance of the topic is defined by the need for establishing the constitutional state in Russia, which is impossible without a viable civil society, capable of constantly and actively engaging in the various activities of the state, using versatile strategies, including the public control. Public expertise is one of the major forms of citizens’ participation in the lawmaking activity of the state, which allows using the intellectual potential of the society for improving the quality of lawmaking. The scientific novelty consists in examination of the actors of public expertise as one of the key elements of its model. The author concludes that the Russian model of public expertise is based on the division of functions between the different groups of the actors of public expertise (initiators, institutors, and experts. Notably, the initiators and institutors in terms of the Federal Law “On the Bases of Public Control in the Russian Federation” are determined by means of recitation, while with regards to the public experts have been established the special requirements, and all actors that meet such requirements can obtain this status. At the same time, the citizens and nongovernmental organizations as independent actors can obtain only the status of expert, due to not featuring the list of initiators or institutors of public expertise. Although, the Section 1 of the Article # of the Federal Law “On the Bases of Public Control in the Russian Federation” claims that the citizens of the Russian Federation can participate in realization of the various forms of public control, including personally. Therefore, the author detects a contradiction, pointing at the need for expanding the list of actors of public expertise (both, initiators and institutors) by including the citizens of the Russian Federation and their associations.