Journal headings
"Legal sciences"

Annotation: The article is devoted to the consideration of the essence and legal nature of the legislative novelty of Russian law – the prohibition of certain actions. The author of the article refers to related categories and other preventive measures implemented in criminal practice. In addition the article contains an analysis of the problematic aspects of the application of the considered preventive measure. Among the problems identified are the problem of monitoring the fulfillment of the conditions of the ban, the expediency of a ban on the use of the Internet information and telecommunications network, duplication of the rules governing house arrest and a ban on leaving the place of residence, and so on. An assessment is given of the correlation of this preventive measure with the constitutional principle of proportionality of the restriction of the rights and freedom of a person and a citizen. Nevertheless, despite the shortcomings identified, the emergence in the domestic criminal procedure law of such a measure of restraint as “prohibition of certain actions” is considered by the author as a natural step towards the humanization of criminal procedure legislation and increasing the efficiency of legal proceedings.

Annotation: The aim of the article is the need to conduct a study of affect as a criminal legal category, which is associated with problems in law enforcement practice in the qualification of privileged compositions of murders and causing serious harm to health in the heat of passion. The problems of determining affect lead to errors in the qualification of crimes. The solution of the research tasks predetermined the complex of research methods and the essence of the phenomenon under study. Such a set of methods includes the dialectical method of cognition, the method of analysis and synthesis, a systematic approach that contribute to a comprehensive and substantive study of the issues raised. The scientific novelty of the study is that based on the analysis of the provisions of criminal legislation, as well as the opinions of scientists, a proposal is made to understand affect as a special emotional state of the subject, as well as to consolidate a clearer concept in the disposition of Article 107 of the Criminal Code of the Russian Federation. The scientific and practical significance of the provisions of the article is as a methodological basis for the development and implementation of ways to solve problems that are associated with responsibility for crimes committed in a state of passion.

Annotation: This article discusses the issues of legal regulation of the process of the legal status of general economic partnerships in the Russian legal field and in foreign countries. The legal nature of economic partnerships is revealed, as well as their distinctive features are highlighted. One of the most promising and interesting tasks for legal theory and significant for the development of the Russian economy is the study of the legal structures of forms of entrepreneurship in foreign countries and the possibility of using this experience to improve the relevant norms of Russian civil legislation. Based on such grounds, a comparative legal analysis of the legal regulation of general partnerships in the Russian Federation and foreign countries was carried out, considering their common features and significant differences. The results of the analysis show that it is possible to identify certain significant problems that are associated with the omission of the legislator in the process of transforming such a form of organization as a partnership, which in turn creates obstacles to conducting economic activities within this form of organization.

Annotation: The problem of manifestation of violence at all times is a problem in the development of society. In places of isolation of potential criminals the manifestation of violence is a significant problem in the functioning of these institutions in accordance with the law and interferes with their full performance of the tasks assigned to them. This work is devoted to the problems of manifestation of violence and the issues of their prevention by foreign citizens in custody. The relevance of the study is caused by the ever-increasing number of migrants arriving in our country, which negatively affects their commission of crimes with the use of violence, including while in detention. The paper analyzes the features of foreign citizens held in custody, examines the types of conflict situations that arise with their participation during the period of detention in a pre-trial detention centers. The study was conducted in pre-trial detention centers located on the territory of the Moscow Oblast in the period 2022–2023 (first quarter) years.

Annotation: The article describes the issues of the need to maintain a balance between the operation of the principle of independence of judges and measures of disciplinary responsibility. Attention is paid to the need to clarify the terminology in relation to the responsibility of judges, since it is unique and due to the special status of a judge. An analysis of decisions to bring judges to disciplinary liability led to the conclusion that there is no negative impact of disciplinary liability of judges on their independence, in addition the transfer of powers from the judiciary to the bodies of the judicial community provides a basic guarantee against unjustified prosecution and respect for the principle of judicial independence. It is substantiated that not the responsibility itself, but the nature of the disciplinary offense may contradict the principle of the independence of judges. Positive dynamics in the development of legislation on disciplinary liability of judges is noted. The problem associated with determining the necessary qualities of a candidate for the position of a judge, when deciding on a recommendation as a guarantee against possible violations of the law and the Code of Judicial Ethics, is indicated.