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MAIN PAGE > Journal "Legal Studies" > Contents of Issue 04/2021
Contents of Issue 04/2021
Human and state
Shikhovtsova A.O. - Certain issues of exercising the right of citizens to participate in administration of criminal justice in the Russian Federation at the current stage pp. 1-8

DOI:
10.25136/2409-7136.2021.4.35375

Abstract: The object of this research is the constitutional framework of the institution of citizens’ participation in administration of justice, viewed as the fundamental principles of relationship between the democratic state and its citizens. Participation of citizens in court as lay judges is of constitutional nature. One of the forms of citizen’s participation in administration of criminal justice in particular is the jury trial. The goal of this research consists in the analysis of certain aspects of mechanism of exercising the right of citizens to participate in administration of criminal justice in the Russian Federation, as well as in development of recommendations for its improvement.  Leaning on the dialectical, systematic, formal-legal, comparative-legal, structural-functional and sociological methods, the author analyzes the current situation pertinent of exercising by the citizens of the Russian Federation of the constitutional right to participate in administration of justice, and substantiated the feasibility of measures for creating conditions for the more active implementation of such right in the area of criminal justice. The author reveals the reasons of passive attitude of the citizens of the Russian Federation towards implementation of their constitutional right to participate in administration of justice as jury, and concludes on the need for taking certain measures on the federal level aimed at attraction of citizens in administration of justice: increase of the legal culture of population, increase of the level of information awareness of the citizens about the jury trial; revision of legal regulation of the procedure of formation of the jury.
State institutions and legal systems
Novikova Y.G. - pp. 9-23

DOI:
10.25136/2409-7136.2021.4.35160

Abstract:
Law and order
Berchanskiy K.A. - Failure to provide medical care (Article 124 of the Criminal Code of the Russian Federation) as an intentional crime: a concurring opinion pp. 24-48

DOI:
10.25136/2409-7136.2021.4.35080

Abstract: The object of this study is the judicial practice of Russian courts for the period from 2010 to 2020 on crimes qualified in accordance with Article 124 of the Criminal Code of the Russian Federation. It also includes relevant provisions of Russian, Soviet and foreign legislations, doctrinal studies devoted to such offenses and iatrogenic crimes in general, as well as crimes with two forms of guilt.The aim of the study was to demonstrate the discrepancies in the practice of Russian courts, clarify the circumstances that contribute to it and formulate proposals for their elimination.The first conclusion of this study was the discovery in the practice of Russian courts of significant contradictions in the application of Article 124 of the Criminal Code Failure to provide assistance to a patient. Furthermore, it was found that the reason for these contradictions lies in the differences among researchers in matters of mens rea in this offence. The reason for this phenomenon is complex, including the influence of the once refuted theory of mixed form of guilt. The main result of the study was the discovery of the possibility of establishing in the act, prohibited by Article 124 of the Criminal Code, two forms of mens rea, which, however, is a consequence of the shortcomings of legal technology.As a solution to this problem, author proposes reforms to the domestic criminal law based on the adapted provisions of German legislation.
Prostoserdov M.A. - pp. 49-58

DOI:
10.25136/2409-7136.2021.4.35011

Abstract:
Ostroushko A.V., Timofeeva I.N. - pp. 59-76

DOI:
10.25136/2409-7136.2021.4.35130

Abstract:
History of state and law
Naumenko O.N., Galkin V.T., Tkacheva T.V. - pp. 77-86

DOI:
10.25136/2409-7136.2021.4.35554

Abstract:
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