Journal headings
"Legal sciences"
All rubrics
Release: 2024-4 (44)
DOI: 10.21777/2587-9472-2024-4-65-71
Keywords: Female criminality, gender, masculinization of women, female violent crime, classification of crimes, general and strict regime correctional colonies for women, serious crimes, execution of punishment
Annotation: Over the past more than 10 years, there has been an annual decrease in the number of convicts serving sentences of imprisonment. Moreover, a decrease is observed in all categories of convicts, regardless of their gender and age. This is undoubtedly a positive trend, given the rather modest possibilities of correctional institutions for the correction of persons held in them. However, with a general decline in the number, criminal statistics indicate a continuing trend of an increase in the share of female crime both in the total volume of recorded crimes and in the number of convicts serving imprisonment. The authors of the article, among the social reasons for this negative phenomenon, pay attention to such a growing social and gender-psychological phenomenon as female masculinity, which increasingly affects the choice of violence by the weaker sex as a way to resolve conflicts. According to the authors, the time-tested classification of women into categories depending on the severity of the committed act and the recurrence of crimes should be restored. Thus, it will be possible not only to prevent criminal infection of women serving imprisonment for the first time (70 %), but also to contribute to the realiza- tion of such a goal of punishment as the restoration of social justice at the stage of execution of punishment. In its most general form, it can be formulated as: “Different for what has been done”. In the text of the article, the Russian Federation is abbreviated as RF.
LAW ENFORCEMENT PRACTICE OF ORDERING FORENSIC EXAMINATIONS DURING A JUDICIAL INVESTIGATION IN CRIMINAL PROCEEDINGS
Release: 2024-3 (43)
DOI: 10.21777/2587-9472-2024-3-65-72
Keywords: trial, examination of evidence, forensic examination, appointment, procedural order, additional forensic examination, repeated forensic examination, commission forensic examination, complex forensic examination, law enforcement practice
Annotation: The trial is the central stage of the criminal proceedings, during which all the evidence gathered during the investigation of the criminal case is examined. Quite often, forensic examinations that were carried out during the preliminary investigation are subject to thorough investigation. In the course of judicial proceedings, situations may arise where the court identifies inconsistencies in the con- clusions and research part of an examination, inconsistencies between the findings of multiple examinations, expert incompetence, and other issues that affect the thoroughness and clarity of a forensic investigation, and ultimately its objectivity. In such a situation, in order to determine the truth in a case, it is necessary to conduct additional, repeated forensic examinations as part of the trial process. The authors analyzed the judicial practice of appointing various types of forensic examinations in judicial investiga- tions. This made it possible to identify violations committed during the examinations in the course of the prelimi- nary investigation, and, therefore, to summarize the grounds for the appointment of forensic examinations within the framework of a judicial investigation. In the text of the article, the Russian Federation is abbreviated as RF.
PROBLEMS OF LEGAL REGULATION OF AESTHETIC MEDICINE IN RUSSIA
Release: 2024-2 (42)
DOI: 10.21777/2587-9472-2024-2-66-75
Keywords: aesthetic medicine, harmonization of human appearance, medical care, medical intervention, medical service
Annotation: The purpose of the work is to investigate the regulatory framework of aesthetic medicine. The importance and role of beauty medicine in the life of a modern person are revealed, the legislative regulation of cosmetology and plastic surgery is considered, the most significant contradictions and gaps in the regulatory regulation of relations in the studied branch of medicine are identified, its key problems that require an integrated approach for their solution are identified. The medical nature of cosmetic procedures and plastic surgeries is substantiated, due to their impact on the entire human body and the impact on its health as a whole. Opinions were expressed on Draft Law No. 580179-8 “On Amendments to the Federal Law "On the Basics of Public Health Protection in the Russian Federation"” and Article 1 of the Law of the Russian Federation “On Consumer Protection”. The authors believe that the scientific doctrine of medical law is faced with the task of developing its own concept of aesthetic medicine, as well as finding new approaches to establishing legal regulation in this area. The methodo- logical basis of the research was formed by such methods of scientific research as special-legal, system-structural, logical-theoretical, comparative analysis of the study of socio-legal phenomena in their dialectical development. Proposals have been developed to improve the legal regulation of aesthetic medicine.
USE OF THE EXPERT’S CATEGORICAL AND PROBABILISTIC CONCLUSIONS AS EVIDENCE BY THE COURT OF FIRST INSTANCE
Release: 2024-4 (44)
DOI: 10.21777/2587-9472-2024-4-72-77
Keywords: expert opinion, expert conclusions, probabilistic conclusions, categorical conclusions, assumptions, relevance, admissibility, sufficiency, judicial practice
Annotation: The article examines aspects of research, assessment and use of expert opinions at the trial stage, which have categorical and probabilistic conclusions. The authors indicate that at various stages of criminal procedural activity, the legislator has approached the use of probabilistic conclusions in judicial practice differently. The views of theorists and practitioners do not have an unambiguous approach to this issue. The case law demonstrates that probabilistic conclusions can be used in criminal evidence. However, they ac- quire evidentiary value only if the general requirements of relevance, admissibility and reliability are met, as well as taking into account the special requirement of scientific validity and in conjunction with other evidence. The point of view on the inadmissibility of a probabilistic expert conclusion as evidence in a court verdict will remain dominant for a long time. At the same time, there will be an excessive focus on categorical judgments that do not always reflect the reality and validity of the conclusions made. It seems that in such a situation, the legislator is obliged to clearly determine the admissibility or inadmissibility of an expert’s probabilistic conclu- sion as evidence in a court verdict. In the text of the article, the Russian Federation is abbreviated as RF.
PROBLEMATIC ASPECTS OF THE STRUGGLE AGAINST BRIBERY OF OFFICIALS
Release: 2024-3 (43)
DOI: 10.21777/2587-9472-2024-3-73-78
Keywords: bribery, corruption crimes, bribery, bribe taking, mediation in bribery, criminal liability, subject of the bribe, official
Annotation: Bribery as a form of criminal behavior associated with the activities of government bodies creates a system of illegal advantages in access to power, material resources and benefits, thus excluding free market competition, violating the principles of democracy and social justice in society. The article analyzes the current state of the struggle against bribery. The official statistical data of the Judicial Department and the Ministry of Internal Affairs of Russia on the state of corruption crime confirm the relevance of this issue. The increase in the number of crimes related to bribery and mediation in bribery may indicate, on the one hand, the active work of law enforcement agencies in identifying and increasing the detection of these crimes. However, it may also indicate the insufficient, weak, and ineffective preventive work of regulatory agencies. The article distinguishes between the concepts of “corruption”, “bribery”, “tampering”, reveals the methods of bribery. Problematic issues are raised regarding the distinction between bribery and related offenses, determining the subject of a bribe. Legal and other means of combating bribery are indicated. In the text of the article, the Russian Federation is abbreviated as RF.