Journal headings
"Legal sciences"
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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.
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.