Journal headings
"Legal sciences"
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Release: 2024-3 (43)
DOI: 10.21777/2587-9472-2024-3-79-84
Keywords: encroachment on the life of a law enforcement officer, use of violence against a representative of authority, threat of murder, threat of violence, subject and subjective side of the crime, age of the offender, public danger of the act
Annotation: The article examines the subjective signs of an encroachment on the life of a law enforcement officer, since the number of such acts is currently increasing, and therefore this topic is very relevant. The subject of the study is a criminal law norm that provides for liability for an encroachment on the life of a law enforcement officer. The purpose of the study is to substantiate proposals for improving legislation based on an analysis of the characteristics of the subject and the subjective side of the crime provided for in Art. 317 of the Criminal Code of the Russian Federation. The content of the article discusses examples from law enforcement practice on the qualification of this crime, taking into account the subjective characteristics of the crime and in accordance with judicial interpretation. The following methods were used during the research: formal logical, comparative legal, as well as analysis, synthesis, and deduction. The novelty of the study lies in the fact that the authors made proposals to change the current criminal legislation of the Russian Federation in order to more accurately qualify the considered act. In the text of the article, the Russian Federation is abbreviated as RF.
FEATURES OF LEGAL REGULATION OF TRADE USING ELECTRONIC PLATFORMS ON THE INTERNET
Release: 2024-2 (42)
DOI: 10.21777/2587-9472-2024-2-83-87
Keywords: online trading, market place, the sales contract, online stores, digital platform
Annotation: The aim of the study is to highlight the problems associated with the features of legal regulation of internet shops as information intermediaries. The article provides a comparative analysis and identifies the features and problems of legal regulation of Internet shops as information intermediaries. The issues of defining the essence of online shops and the need to expand the responsibility of operators of digital platforms for the products sup- plied through their intermediation are raised. New ways of electronic commerce have become firmly established in everyday life, changing the “behavior” of the seller of goods, the intermediary – the online store and the buyer. The rapid, “explosive” growth in the volume of trade of electronic platforms forces the legislator to take into account the social and economic importance of regulating these legal relations. The combination of new technologies for the sale, delivery and acceptance of goods with established norms of civil legislation and, in particular, the federal law “On Consumer Protection” dictates amendments to a number of legislative acts. The methodological basis of the research was formed up of general scientific methods of cognition, formal legal, comparative legal, legal and technical methods. It is concluded that it is necessary to revise the legal regulation of the sales contract, taking into account the features of e-commerce.
ASSAULT ON THE NORD STREAM PIPELINE: AN INTERNATIONAL CRIME OF A STATE CHARACTER. Article two
Release: 2024-3 (43)
DOI: 10.21777/2587-9472-2024-3-85-93
Keywords: Nord Stream, pipelines, sabotage, crime, the person who committed the crime, international crime
Annotation: In the article, within the framework of scientific approaches, the corpus delicti was analyzed, as a result of which the Nord Stream 1 and Nord Stream 2 pipelines were violently damaged. The possibilities of determining the perpetrators of this crime were explored. The concealment of information and its distortion by the world media, the silence of some members of the international community, and the refraining of some permanent and nonpermanent members of the UN Security Council from assessing this crime, as well as the failure of international decision-makers to launch an investigation at the international level, all indicate that there are attempts to create physical and geographical obstacles to the disclosure and investigation of these crimes. The study shows that this crime can be classified as a complex offense that has exposed the vulnerability of the infrastructure used to exchange goods and services through the waters of the seas and oceans. It is not covered by the direct protection of national jurisdiction, as it falls outside the sovereignty of States. The commission of such crimes can threaten not only the economic security of countries, but also their sovereignty and territorial integrity.
PROCEDURAL PROBLEMS OF CONDUCTING AN INTERROGATION THROUGH THE USE OF VIDEO CONFERENCING SYSTEMS DURING THE PRELIMINARY INVESTIGATION
Release: 2024-2 (42)
DOI: 10.21777/2587-9472-2024-2-88-92
Keywords: investigative actions, the use of video conferencing, interrogation, interrogation tactics, protocol of investiga- tive action, investigator
Annotation: The article highlights the problematic issues of conducting such an investigative action as interrogation dur ing a preliminary investigation through the use of video conferencing systems. The issues of interrogation have always been and are an urgent topic, because it occupies a special place in the system of investigative actions and there are practically no criminal cases during which interrogations would not be carried out to obtain evi- dentiary information. The author pays attention to the issues of using video conferencing during interrogations conducted with the participation of suspects accused during the preliminary investigation. The rules for the use of remote technologies during interrogation are considered, and also a number of doubts about the possibility of observing the procedural guarantees of participants during interrogation by using video conferencing systems are expressed. The article highlights the difficulties that arise when familiarizing with the protocol of an inter- rogation conducted using a video conferencing system. The author substantiates the conclusions about the need to amend and supplement the criminal procedure law in order to eliminate the identified problems.
THE ASSAULT ON THE NORD STREAM PIPELINE: AN INTERNATIONAL CRIME OF A STATE CHARACTER. Article one
Release: 2024-2 (42)
DOI: 10.21777/2587-9472-2024-2-93-101
Keywords: Nord Stream, pipelines, sabotage, crime, the person who committed the crime, international crime
Annotation: The article analyzes the nature of the crime within the framework of scientific approaches, as a result of which pipelines laid in the Baltic Sea from the mainland of the Russian Federation to the mainland of the Federal Republic of Germany, known as Nord Stream 1 and Nord Stream 2, were violently damaged; the possibilities of determining the perpetrators of this crime are explored. The concealment of information and its “distortion” by the world media, the silence of one part of the international community and the abstention from assessing this crime by a number of permanent and non-permanent members of the UN Security Council at a meeting held on March 27, 2023, the failure of the international decision to launch the investigation process at the international level, actually show that a multi-level controlled security, intelligence and information operation in the direction of interference (physical, geographical), infrastructural interdependence, interdependence in the field of mass media, the interdependence between the crime and the perpetrators. The investigation shows that this criminal act can be classified as an international State crime, that the crime was committed by an alliance of States organized in the form of a criminal association. The results also show the intention of the perpetrator, under the auspices of the UN Security Council, to exclude the possibility of an independent “criminal investigation”, counting on the “pas- sage of time”, which may interfere with obtaining relevant evidence. Of all the above, the attack on the “Northern Stream” pipelines is a complex crime that has shown the vulnerability of the infrastructure through which goods and services are exchanged across the waters of the seas and oceans, as it does not fall under the sovereignty, which means that they are not under the direct protection of the national jurisdiction of States. The commission of these crimes may threaten not only economic security but also the sovereignty and territorial integrity of States.