Journal headings
"Legal sciences"

Annotation: The paper is devoted to the consideration of the problems of detention of a suspect by the bodies of preliminary investigation and ways of their possible solution. At the same time, the author touches upon problematic issues related to the regulation of the grounds, procedure and terms for the detention of a suspect, improper enforcement of the legality of the implementation of this measure of procedural coercion and maintaining the secrecy of the detention of a suspect. Particular attention is also paid to the study of the issues of detention of the accused, the norms on the direct regulation of which the Code of Criminal Procedure does not contain. The article analyzes the issues of legal regulation of detention and interpretation of norms both in the Soviet Union and at present. The author concludes that it is necessary to regulate the issue of detention of the accused in the current Code of Criminal Procedure of the Russian Federation, which would correspond to the requirement established in Part 1, Art. 1 of the Code of Criminal Procedure of the Russian Federation on the procedure for criminal proceedings on the territory of the Russian Federation, based on the Constitution of the Russian Federation. It is proposed to amend paragraph 1 of part 1 of Art. 91 Code of Criminal Procedure of the Russian Federation.

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.

Annotation: The article is devoted to the fight against corruption in the public service system of the Russian Federation. The purpose of the work is to analyze the problems of combating corruption in the public service system of the Russian Federation and propose ways to solve them. Research methods include analysis, synthesis, formal and legal methods. The results of the work consist in the fact that the author formulated the moral principles that employees should be guided by in their activities in order to prevent corruption, and also suggested ways to improve the current legislation. The scope of the results application is legal relations in the field of combating corruption in the public service system of the Russian Federation. Despite a fairly extensive range of regulatory legal acts in the public civil service system, they contain a number of gaps and contradictions that need to be worked out. In order to solve the problem of corruption, the use of mechanisms for the prevention of corruption manifestations is effective. In addition, the adjustment of legislative provisions is required. The administrative and criminal legislation should define the composition of corruption administrative offenses and crimes, and criminal liability should be associated with the repeated commission of a similar offense.

Annotation: The article describes the legal status of the suspect (accused), with whom a pre-trial agreement has been concluded on cooperation, since the analysis of the practice of implementing the norms does not give reason to believe that the versatility of the procedural position of the subject in question is fully taken into account. However, his interest in the outcome of the preliminary investigation raises questions about what effect can be achieved, taking into account the changes made to the current legislation. A person must clearly understand in what capacity he will act in a particular criminal case. Therefore, the lack of an opportunity to obtain clarifications regarding his rights, obligations and liability for violation of established requirements may lead to a violation of the rights of other participants in criminal proceedings. The article also pays attention to the consideration of the interdependence of the rights and obligations of the specified person with the legal guarantees of other participants in criminal proceedings and the rationale for the need to resolve a number of legal issues in order to eliminate possible negative consequences of law enforcement activities.

Annotation: The article is devoted to the study of the connection between two legal sciences: comparative law and private international law. The author shows the systemic interaction of both sciences. Their intersection is observed: in the general history at the initial stage of their forming and development; in the use of the comparative legal method as one of the central methodological tools for adapting the norms of international law to regulate civil law relations with the participation of a foreign element; in the active role of the norms of international public law on the issues of civil law cooperation of states in the process of unification of the norms of PIL; in the case of litigation of a dispute involving a foreign element and the court resorts to the comparative legal method as a tool that allows correctly identifying the applicable elements of foreign law. On the other hand, PIL creates ample opportunities for comparative legal analysis, supplying researchers with "primary material" of real life situations from various legal systems.