DOI: 10.25136/2409-7810.2021.3.36598

Abstract: There’s a necessity to study criminal proceedings in the case of death of the accused or the suspect as a differentiated form. The purpose of the research is the development of the optimal approach to the understanding of the form of criminal proceedings in the case of death of the suspect or the accused. The research subject is the criteria of a special procedure in relation to the peculiarities of the criminal proceedings in the case of death of the suspect or the accused. The author considers the criteria of differentiation of a procedural form, the most significant for this research, with account of the provisions of the Law on Criminal Procedure, theoretical concepts, the legal position of the Constitutional Court of Russia, and the explanations of the Plenum of the Supreme Court of Russia regarding the proceedings against a dead person. The scientific novelty of the research is determined by the ongoing development of the theoretical background of criminal proceedings in the case of death of the accused or the suspect. Based on the analysis, the author formulates the conclusion that these proceedings should be classified as specific and enshrined in the law as a specific form of proceedings. The significant criteria of the proceedings against a dead person are: the purpose, the way of deciding on the criminal liability, the composition of legal relations, the requirements to their participants, the specific nature of criminal procedure, the socio-legal status of a justiciable person. The results of the research can be used for scientific and research purposes, and can be taken into account when preparing amendments to the Criminal Procedure Code of Russia related to criminal proceedings in the case of death of the suspect or the accused.

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: 10.25136/2409-7810.2021.3.37050

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: 10.25136/2409-7810.2021.3.36425

Abstract: The research subject is legal provisions and scientific sources reflecting the procedure of using AI technologies in the field of road traffic safety. The research object is social relations defining the fundamentals of the use of AI technologies in the field of road traffic safety. Based on the analysis of regulatory documents and scientific literature, the author outlines a set of technological, social, and legal risks of using artificial intelligence in this field, and emphasizes particular problems of legal regulation. The research methodology is based on the set of general scientific and specific methods of cognition (formal-legal, analytical, the system method, analysis, synthesis, modeling, comparison, etc.). The author formulates the conclusion that the accentualization of technological, social and legal risks as and when AI technologies are used in the field of road traffic safety, helps to organize the work of public authorities in advance and step-by-step, and to find a wide range of legal instruments helping to eliminate or minimize possible risks, raise the effectiveness of public administration of social relations in the field of road traffic safety, and promote the achievement of strategic socio-economic goals of the state.  The scientific novelty of the research consists in a comprehensive analysis of theoretical legal and organizational aspects, characterizing the risks of using AI in the field of road traffic safety, and an accentualization of particular problems of legal regulation and the prospects of implementation of AI technologies in this field.       

DOI: 10.25136/2409-7810.2021.3.37386

Abstract: The research subject is the problems of using evidence, collected during criminal intelligence and surveillance operations, in criminal procedure in Russia, considered in the context of provision of human and civil rights and freedoms and the observance of the principle of legal certainty. The purpose of the research is to define the key problems of using evidence, collected during criminal intelligence and surveillance operations, in criminal proceedings, and the development of the ways to solve them. The research methodology is based on the system and comprehensive approaches and includes the set of general scientific and specific research methods, particularly analysis, synthesis, formal-legal, comparative legal methods, etc. To achieve the research goal, the author analyzes the practice of Supreme Courts of Russia, the European Court of Human Rights, the doctrinal views of Russian processualists, and defines the key problems of using evidence collected during criminal intelligence and surveillance operations, in criminal proceedings, and formulates the ways to solve them. The author finds out that the judicial practice and doctrine mainly consider certain aspects of the problem under study, with no system approach to its understanding; the author proves that the main problem lies in the field of provision of human and civil rights and freedoms, and the observance of the principle of legal certainty; the author formulates recommendations about amending the legislation based on the constitutional principles and international standards, and the following legalization of evidence collected during criminal intelligence and surveillance operations. The conclusions of the research can be used in the work of law-enforcement bodies and for further research in the field of criminal procedure.