Release: 2023-1 (36)

Rubrics:
Relevant aspects of criminal law, criminal proceedings and criminalistics
Content:
DOI: 10.21777/2587-9472-2023-1-24-29
Keywords: sabotage, wrecking, terrorism, sabotage attack, criminal liability
Annotation: Currently, there is a need to formulate a definition of such an important multidimensional phenomenon in legal science as “sabotage”, taking into account the changes introduced today in the meaning of this concept, as well as the actual differentiation and legal regulation of the elements of crimes listed in Article 281 of the Criminal Code of the Russian Federation, which provides for responsibility for committing sabotage and in Article 285.4 of the Criminal Code of the Russian Federation, which provides for liability for abuse of official powers in the execution of a state defense order, which is fundamentally important for the correct qualification of individual criminal acts, which expresses the relevance of this topic, determined, in particular, by the special military operation currently underway. The authors analyze the historical prerequisites for the emergence of the concept under consideration, analyze the points of view that have developed in legal science and international legislation, and point out the need to implement the concept of sabotage in the Criminal Code of the Russian Federation, taking into account the present day realities. Certain legal aspects of this type of crime and their legal characteristics are considered. The authors formulate a proposal to introduce the concept of “sabotage” into the Criminal Code of the Russian Federation as a qualifying sign of individual criminal acts.
RELEVANT PROBLEMS OF INTERROGATION AND CONFRONTATION BY USING VIDEOCONFERENCING SYSTEMS IN PRE-TRIAL PROCEEDINGS
DOI: 10.21777/2587-9472-2023-1-30-34
Keywords: interrogation, confrontation, videoconferencing systems, investigative actions
Annotation: The introduction of Article 189.1 of the Criminal Procedure Code of the Russian Federation caused certain difficulties in conducting preliminary investigations, both from a procedural and tactical point of view. The article discusses problematic issues, the possibilities and expediency of conducting an initial interrogation and confrontation by using videoconferencing systems. The article analyzes the possible risks of losing the evidentiary value of testimony obtained during remote interrogation, as well as a possible increase in document flow, an increase in the number of subjects of investigation and a possible increase in the staff of internal affairs bodies. Attention is drawn to the lack of consensus among modern lawyers regarding the effectiveness of interrogation and confrontation through the use of videoconferencing. Special attention is paid to the organization and tactics of investigative actions through the use of videoconferencing with the participation of persons located in different time zones. According to the results of the study, it is proposed to make amendments to Article 189.1 of the Code of Criminal Procedure of the Russian Federation.