Журналы

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"Legal sciences"

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ON SOME FEATURES OF THE MANIFESTATION OF VIOLENCE BY FOREIGNERS IN CUSTODY

Page:46-51

Release: 2023-3 (39)

DOI: 10.21777/2587-9472-2023-3-46-51

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.

SOME ISSUES OF JUDGES DISCIPLINARY RESPONSIBILITY

Page:49-58

Release: 2023-4 (40)

DOI: 10.21777/2587-9472-2023-4-49-58

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.

SOME PROBLEMS ASSOCIATED WITH JURY PROCEEDINGS AND THEIR PROSPECTIVE SOLUTIONS

Page:49-53

Release: 2023-2 (38)

DOI: 10.21777/2587-9472-2023-2-49-53

Annotation: Over the past 10 years, the institution of jurors in Russia has undergone significant changes. According to the Judicial Department at the Supreme Court of the Russian Federation, in 2022 courts of general jurisdiction with the participation of jurors considered 1096 criminal cases. The article highlights the problems of proceedings in court with the participation of jurors and also explores possible ways to solve these problems by amending the criminal procedure legislation. The purpose of the study is to highlight the problems of a theoretical, organizational, legal and law enforcement nature related to the production of a criminal case in court with the participation of jurors, to suggest promising ways to solve these problems. The methodological basis of the study was the formal legal method, comparative legal method, as well as general scientific methods of cognition.

SOME ASPECTS OF RECOVERY OF ALIMONY IN ENFORCEMENT PROCEEDINGS

Page:49-56

Release: 2023-1.1 (37)

DOI: 10.21777/2587-9472-2023-1.1-49-56

Annotation: The relevance of the topic under consideration lies in the desire to neutralize some of the problems that arise when collecting debts on alimony obligations, due to the increasing total debt and an increase in the number of enforcement proceedings for the recovery of alimony. The tasks of the study are a brief overview of the legislative regulation of the assignment of alimony and the process of their recovery, identification of problematic aspects on this topic. The purpose of the study is to highlight the problematic aspects of the forced recovery of alimony, with suggestions for their possible elimination. Methodological basis: formal legal method, comparative legal method, as well as general scientific methods of cognition. The article discusses some of the problems that arise when collecting debts on alimony obligations. The regulatory framework governing the procedure for paying alimony, as well as the procedure for the activities of the Federal Bailiff Service of Russia in this area is analyzed. Some factors that have both positive and negative impact on the recovery were studied. Recommendations and possible ways of resolving the existing problematic situations are given, namely, amendments to the current legislation in order to tighten the regime of entry into the territory of the Russian Federation of persons who are debtors of alimony obligations.

PROBLEMS OF QUALIFYING THE COMPOSITION OF THE ADMINISTRATIVE OFFENSE PROVIDED FOR PART 1 ARTICLE 20.1 OF THE CODE OF ADMINISTRATIVE OFFENSES OF THE RUSSIAN FEDERATION

Page:49-55

Release: 2023-1 (36)

DOI: 10.21777/2587-9472-2023-1-49-55

Annotation: The article deals with the problems of bringing to administrative responsibility for committing petty hooliganism, provided for in Part 1 of Article 20.1 of the Code of Administrative Offenses of the Russian Federation. Taking into account the variety of forms of manifestation of petty hooliganism, the problems associated with the presence of many evaluative concepts as part of this administrative offense are revealed. It is noted that currently the concept and content of “obscene language” is not formulated in the legislation, there is no definition of a public place, which allows the law enforcement officer to determine whether the composition of this offense is present in the acts of persons independently, at his own discretion and convictions. The study also revealed other problems associated with this administrative offense, for example, such as the lack of a differentiated approach to sentencing. The study was conducted using scientific sources, judicial practice, as well as the draft Code of Administrative Offenses of the Russian Federation. Based on the analysis, recommendations are made aimed at improving the qualification of the composition of an administrative offense provided for in Part 1 of Article 20.1 of the Code of Administrative Offenses of the Russian Federation