Release: 2022-4 (35)
Rubrics:
Content:
DOI: 10.21777/2587-9472-2022-4-5-10
Keywords: compensation for damages, obligations from offenses, compensation for harm, causing harm
Annotation: The article analyzes the provisions of the most significant, from a historical point of view, statutes regulating the relations that developed in connection with the violation of law and order and, as a consequence, causing losses. The study of the transformational features of the relations of harm caused by evolutionary processes is carried out. In the course of a brief study the authors come to the conclusion that the regulation of damages was ensured by fixing appropriate measures of adverse impact on the violator in various acts of authorities, but only in the second half of the XIX century this institution began to acquire the features of a truly legal one. These conclusions, in turn, determine further research interest in order to conduct scientific parallels and comparative analyses of the category under study in the framework of subsequent epochs, including modernity. It allows us to form ideas about the specificities of the evolution of legislative thought regarding the institution of compensation for damages with an explanation of the grounds for establishing a legal regime for damages at the present stage of development of Russian society and the state.
THE ROLE OF THE COMMISSION IN THE EUROPEAN COMMUNITY SYSTEM IN THE SECOND HALF OF THE TWENTIETH CENTURY
DOI: 10.21777/2587-9472-2022-4-11-19
Keywords: high authority, Commission, European coal and steel committee, European economic community, Single European act, treaties establishing the European Communities
Annotation: The article describes the history of the creation and evolution of the institution of the Commission of the European Community (Community) in the second half of the XX century. Since the beginning of Western European integration this structure has played one of the key roles in the Community and continues to play now within the framework of the European Union. The relevance of the topic is justified by the interest in the European Union as a whole as the most successful regional integration association at the moment, claiming to be one of the centers of the multipolar world. The main aim of the article is to identify the functions, place and role of the Commission in the European Community. Document analysis, narrative, historical and chronological methods were used as key methods of work. The article provides an overview of the key powers of the Commission, shows their changes under the influence of the process of development of Western European integration. Attention is paid to the presentation of the Commission as a supranational body. The article analyzes the provisions of the fundamental treaties of the European Community: Paris, Rome, Brussels and the Single European Act. Conclusions about the powers and significance of the Commission within the framework of the integration association are made on their basis.
PROBLEMS OF LEGAL REGULATION OF CONSIDERATION OF CITIZENS’ APPEALS IN THE ELECTORAL LEGISLATION OF THE RUSSIAN FEDERATION
DOI: 10.21777/2587-9472-2022-4-20-25
Keywords: suffrage, citizens’ appeals, elections, legal regulation
Annotation: The subject of this study is the problem of legal regulation of the procedure for considering citizens’ appeals received by state authorities, local governments and election commissions on issues related to holding elections and exercising the electoral rights of citizens. For this purpose an analysis of the electoral legislation, legislation on the procedure for considering citizens’ appeals is carried out, their basic concepts, principles and methods of regulation are compared. As a result, conclusions are made about the main problems of the current legislation in the subject area and proposals for their elimination are proposed. The results of the study can be used both to improve legislation and to organize work on considering citizens’ appeals by election commissions of various levels, state authorities and local self-government. The legal regulation of the procedure for considering citizens’ appeals related to the exercise of electoral rights has a complex legal regulation that requires adjustments in order to improve the law enforcement process.
EVIDENCE USED TO SUBSTANTIATE THE POSITION ON THE CLASSIFICATION OF GOODS FOR CUSTOMS PURPOSES
DOI: 10.21777/2587-9472-2022-4-26-33
Keywords: customs authorities, identification and classification of goods, customs expertise, litigation on the classification of goods
Annotation: The article discusses the specificities of proving classification disputes arising between declarants and customs authorities. The author indicates the most common errors that arise in the process of identification and classification of goods for customs purposes. As an empirical material, the author examines current judicial practice, during the analysis of which it is concluded that the parties to the trial are not always ready to substantiate their position on the choice of the classification code of the goods. Various materials may be cited as evidence, but each evidence individually is not decisive, none of the evidence has a pre-established force for the court and is subject to evaluation in conjunction with other evidence. In this regard, the author provides several practical recommendations on the list of evidence that can be used when the parties justify their position on the issue of attributing goods to a specific commodity item.
ON THE PROBLEM OF THE STAGE OF THE SENTENCE EXECUTION
DOI: 10.21777/2587-9472-2022-4-34-39
Keywords: criminal proceedings, stages of the criminal process, the stage of execution of the sentence, criminal procedural legal relations
Annotation: Over the past 30 years, the problem of stages of criminal proceedings has been actively discussed in the scientific literature. The range of opinions in the discussion is significant, but most of all in the system of stages, the need to preserve the stage of execution of the sentence is questioned. Both in the previous and in the current Code of Criminal Procedure of the Russian Federation, the legislator did not consider it necessary to normalize the concept and types of stages of the criminal process, which largely determines the debatable nature of the problem. The overwhelming majority of researchers who do not support the established position on the execution of a sentence as one of the stages of the criminal process, focus on its features that are not characteristic of other stages. At the same time, beyond the scope of study, as a rule, there remains the general issue that unites all stages into a system – the subject of the branch and the legal relations that develop in the process of implementing the goals of criminal proceedings. The conducted research allows us to confidently confirm the correctness of the traditional scientific approach, according to which the execution of a sentence is the final stage of the criminal process. The authors consider it necessary to fix the definition of the stage of criminal proceedings in the Code of Criminal Procedure of the Russian Federation and list their types.
ANALYSIS OF LAW ENFORCEMENT PRACTICE OF COLLECTING AND CONFIRMING EVIDENCE IN EXTREMIIST CRIMINAL CASES
DOI: 10.21777/2587-9472-2022-4-40-45
Keywords: extremism, crime investigation, information technology, electronic devices, evidence, expertise
Annotation: The legislator pays considerable attention to the suppression, disclosure, investigation and prevention of extremist crimes. Therefore, the struggle against crimes of this category is an important direction in the fight against crime, both on the part of law enforcement agencies and the state as a whole. The article analyzes the reasons for initiating a criminal case. It is noted that the reasons for initiating a criminal case of an extremist orientation are operational-search activities carried out by operational units, reports from tax authorities, information received directly from persons involved in other crimes. The procedural features of conducting individual investigative actions are investigated. It is emphasized that the conduct of investigative actions in this category of criminal cases is mainly associated with the seizure of information from electronic devices. The seized information is subsequently the subject of various forensic examinations. The author identifies some shortcomings in law enforcement practice for recording information in electronic form, as well as shortcomings and errors in the appointment of forensic examinations. Possible ways of resolving procedural problems are indicated.
PERFORMANCE OF AN OBLIGATION BY A THIRD PARTY AS A BASIS FOR ITS TERMINATION
DOI: 10.21777/2587-9472-2022-4-46-51
Keywords: surety, property insurance, subrogation, third parties, performance of obligations by a third party, performance of obligations, termination of obligations
Annotation: The performance of obligations by a third party often leads to practical problems and fails to adequately protect the rights of its participants. The purpose of the article is to find the most effective criteria for distinguishing obligations performed by a third party, as well as possible options for their subsequent action in connection with this circumstance. The methodological basis of the article is a set of dialectical and systematic research methods, as well as a teleological approach, according to which third parties perform obligations for the debtor, which affects their termination in different ways. The classification of these obligations on various grounds is given on the example of subrogation claims, a surety agreement and a property insurance contract. The author’s position regarding third parties as participants in obligations that do not have an independent claim, but carry the function of performing the obligation, is reasoned. The proposals to improve individual articles of civil legislation, allowing to eliminate gaps in legal regulation, are made.
VIDEOCONFERENCING AND ITS INFLUENCE IN PROVING IN ARBITRATION AND CIVIL PROCEEDINGS
DOI: 10.21777/2587-9472-2022-4-52-56
Keywords: arbitration process, videoconferencing, court order, legal regulation, technical equipment, petition
Annotation: The subject of study in the article is a set of norms of civil, arbitration procedural legislation governing the use of videoconferencing in a trial. The aim of the work is a comprehensive study of the legal norms that characterize the appointment and conduct of a trial in arbitration and civil proceedings in the mode of videoconferencing. The methods of comparative analysis, comparative legal research and characteristics, methods of dialectical analysis, methods of philosophical and philosophical-legal analysis and other methods of scientific knowledge are used in the work. According to the results of the conducted work it was found that the definition of the concept of videoconferencing goes beyond the limits of legal and procedural regulation, is a supra-legal and supra-procedural phenomenon, associated with reasons of force majeure and extraordinary nature. The results of the work can be applied both in the theoretical and practical areas of application and purpose of the videoconferencing, are of interest for the doctrinal interpretation of the arbitration process as a science.