Journal headings
"Legal sciences"

Annotation: The article analyzes the problem of applying the results of operational-search activities as evidence, judicial practice related to this aspect. The issue of legalization of the results of operational-search activities is one of the most relevant in the criminal procedure science. However, some problems directly related to the implementation of operationalsearch measures remain unresolved. In practice, courts of general jurisdiction, when considering criminal cases, in the vast majority of cases, in their convictions refer to the results of the operational-search activity as evidence, listing the testimonies of witnesses, reports and memos separated by commas. Confirmation of this position by the author was found in a number of analyzed court decisions. As a result, the author concludes that it is necessary to regulate in the criminal procedure legislation an independent procedure for legalizing operational-search activities and adjusting the procedure for the use of technical means when fixing observed events in the course of operationalsearch activities. The use of such means should be allowed only with a special judicial decision.

Annotation: The article describes the concept and meaning of refusal to institute a criminal proceeding as an independent institution of criminal procedural law. The institution of refusal to institute a criminal proceeding is not possible without the initial stage of the criminal process, which is, directly, the initiation of a case. The tactics of criminal procedure in Russian legislation are provided by the Criminal Procedure Code of the Russian Federation. During the procedure for initiating a criminal case, law enforcement officials carry out actions aimed at verifying information received regarding a particular crime. Basing on the above examples and analysis, the author made a conclusion about the significance of the stage of initiating a criminal case and the negative consequences in cases of refusal from the institution of refusal to institute a criminal proceeding. Also the implementation of a preliminary investigation of all registered allegations can create an unjustified waste of manpower and resources, primarily the bodies of inquiry and preliminary investigation bodies.

Annotation: The aim of the work is to analyze different approaches to understanding retrospective criminal liability in the general theory of law and the theory of criminal, criminal procedure and criminal enforcement law. The relevance of the topic is determined by the presence of a large number of points of view, opinions of scholars on: the concept, essence and content of retrospective criminal liability, its relationship with the security criminal law relations, as well as the needs of the practice of its implementation. During the study of approaches to the understanding of retrospective criminal liability, general scientific and mid-level research methods were used: dialectical, formal-logical and systemic-structural. On the basis of the general theory of law and the theory of criminal, criminal procedure and criminal enforcement law, the paper explores various approaches of scholars to the concept, content, essence of retrospective criminal liability, its interconnection with the security criminal law relations, and also expresses the author‘s position on the issues under consideration.

Annotation: The killing of a newborn child by a mother means the killing of a newborn child on time or immediately after childbirth, as well as the killing of a newborn child by a mother in a traumatic situation or in a state of mental disorder that does not exclude sanity. This type of crime is relatively new to modern criminal law. The composition is privileged, since the sanction of this article establishes a punishment that is significantly lower than the punishment for simple murder. Currently, there are some difficulties in considering the objective side of this crime.

Annotation: The article defines the current state of digitalization of civil proceedings in the Russian Federation, the United States of America and the Federal Republic of Germany and conducts a comparative analysis of this legal phenomenon based on the specifics of the respective national legal orders. On the basis of the norms of the current legislation of states, materials of scientific discussion and practical examples, the author comes to the conclusion that the phenomenon under study is at the stage of formation in all states. There is a trend towards the unification of procedural forms, accompanied by the formalization of procedures in Russia and Germany.