Journal headings
"Legal sciences"

Annotation: The article is devoted to the need to preserve fundamental approaches to the problem of subjects of civil proceedings based on the nature and presence of legal interest, but with the necessary rethinking of the current state of legislation and the needs of practice. The issue on the subjects of civil proceedings is of decisive importance for effective judicial protection. The insufficiency of legal regulation of persons participating in the case is shown. The definition of the parties given in the theory back in the last century does not correspond to the current state of practice, especially in cases where the subject of judicial protection is the rights and interests of minors, whose status is not at all defined in the law. The necessity of clarifying the status and name of the person acting in the interests of the group when filing a class action is substantiated. Attention is drawn to the fact that the Code of Civil Procedure of the Russian Federation does not single out a group of subjects that contribute to the administration of justice. On the basis of new approaches to the problem of legal interest, arguments are given in favor of changing the status of a representative in court. The article aims to identify the most problematic moments in the legal regulation of subjects of civil procedural legal relations in order to improve judicial protection.

Annotation: The subject of the study – the norms of law, provisions of literature on the pleadings and the last word of the defendant. The purpose of the study is to identify the theoretical and legal features of the parties’ pleadings and the last word of the defendant. General scientific and special methods of scientific knowledge form the methodological basis of the research. Conclusions on the article are: the debate of the parties is formed from the speeches of the prosecutor and the defender; the issue on the order of speech is resolved by the court, but the prosecutor is always the first, and the defendant, his defender, is the last; at the stage of the debate of the parties, inadmissible evidence and those not presented in court proceedings cannot be mentioned. In this regard, Part 5 of Article 292 of the Code of Criminal Procedure of the Russian Federation should specify that the presiding judge has the right to stop persons participating in the debate, including in cases when they cite evidence not considered at the court session. The defendant (his/her defender) has the right of the last remark. Following the debate of the parties, the defendant may exercise the right to the last word. At this stage, he/she cannot be asked questions, nor is the duration limited.

Annotation: The article discusses some features of the qualification of murder committed in a state of affect. The main objective and subjective features of this composition are considered, which serve to qualify the act in question in accordance with the criminal law norm. The scientific novelty of the article lies in the characterization of affect as a special feature of the corpus delicti. The establishment of this feature is particularly relevant due to the fact that affect is a mitigating circumstance provided for by the disposition of Article 107 of the Criminal Code of the Russian Federation. In the course of the research, both general scientific and private methods of cognition were used. The scientific and practical significance of the article lies in the possibility of using the main provisions of the study in the qualification of the considered corpus delicti and in the further development of the problems of criminal prosecution for murder in a state of affect.

Annotation: The subject of research in this article is the criminal procedure function, its concept and content. The main purpose of the study is the analysis of such a category of criminal procedural law as a criminal and procedural function. In order to achieve this goal, it seems necessary to identify the historical stages of the forming and development of the institution of criminal procedural function, the approaches of legal doctrine to the definition of the concept and content of the criminal procedural function, the essential characteristics of the institution under study, allowing to distinguish it from other criminal legal phenomena. The author’s judgments regarding the definition of the content and concept of criminal procedural function are substantiated. Various methods of cognition were used, including the historical method, the method of analysis and synthesis. In the course of the study the author comes to the conclusion that the content of the criminal procedure function and its inherent features are determined differently by scholars on legal procedure, which remains relevant from the point of view of modern legal doctrine.

Annotation: The article analyzes the provisions of the most significant, from a historical point of view, statutes regulating the relations that developed in connection with the violation of law and order and, as a consequence, causing losses. The study of the transformational features of the relations of harm caused by evolutionary processes is carried out. In the course of a brief study the authors come to the conclusion that the regulation of damages was ensured by fixing appropriate measures of adverse impact on the violator in various acts of authorities, but only in the second half of the XIX century this institution began to acquire the features of a truly legal one. These conclusions, in turn, determine further research interest in order to conduct scientific parallels and comparative analyses of the category under study in the framework of subsequent epochs, including modernity. It allows us to form ideas about the specificities of the evolution of legislative thought regarding the institution of compensation for damages with an explanation of the grounds for establishing a legal regime for damages at the present stage of development of Russian society and the state.