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"Legal sciences"
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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.
SOME PROBLEMS OF THE LEGAL QUALIFICATION OF THE CUSTOMER’S ACTIONS IN THE EXECUTION OF CONTRACTS CONCLUDED TO MEET PUBLIC NEEDS
Release: 2024-2 (42)
DOI: 10.21777/2587-9472-2024-2-76-82
Keywords: procurement for public needs, supply of goods for public needs, acceptance of goods for public needs, the law on the contract system, examination of goods, power of attorney, abuse of authority
Annotation: The article describes the problems of legal qualification of the actions of customers on the transfer of func- tions for the acceptance of goods supplied under a contract concluded in accordance with the legislation on the contract system in the field of procurement to meet state and municipal needs. The current situation is analyzed taking into account the current law enforcement practice. The author comes to the conclusion that there are objective prerequisites for making changes in the regulation of relations arising during procure- ment for public needs in order to streamline the practice of applying legislation on the contract system, in particular when accepting goods, works, and services. The relevance of the topic of the article is due to the need for a clear delineation of the powers and responsibilities of all participants in the execution of a state contract, both on the part of the customer and on the part of the contractor. Given the close attention of regulatory and supervisory authorities to the full and timely execution of government contracts concluded as a result of procurement procedures, it is extremely important for the customer and the contractor of the state contract to flawlessly accept goods, works or services and complete final settlements within the prescribed period.
THE FORMING OF LAW ENFORCEMENT PRACTICE ON THE PROTECTION OF PERSONAL DATA
Release: 2024-4 (44)
DOI: 10.21777/2587-9472-2024-4-78-82
Keywords: personal data, operator, security, data protection, personal data leakage, practice, responsibility
Annotation: Currently, the importance of regulating relations related to the processing of personal data is beyond doubt: bills are considered at the legislative level, regulations are adopted, the Federal Service for Supervision of Communica- tions, Information Technology and Mass Media systematically provides thematic explanations, and personal data operators, in turn, take the necessary measures to protect them. At the same time, in practice, difficulties arise in ensuring the necessary level of security of personal data, interpretation and application of individual provisions of the legislation in the field of personal data. The article attempts to analyze the existing judicial practice on the application of individual provisions of the Federal Law “On Personal Data”. The author concludes that law enforcement agencies should be focused on developing approaches supported by reasoned conclusions regarding the consideration of cases on bringing personal data operators to responsibility for violating relevant provisions of legislation in the field of personal data. In the text of the article, the Russian Federation is abbreviated as RF.
SUBJECTIVE SIGNS OF ENCROACHMENT ON THE LIFE OF A LAW ENFORCEMENT OFFICER
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.