Journal headings
"Legal sciences"

Annotation: The article presents the result of a study of the legal meaning of such terms as “insolvency” and “bankruptcy” on the basis of existing approaches formulated in the scientific and legal doctrine, namely: the traditional approach (distinguishing the concepts of “insolvency” and “bankruptcy” and referring them to different legal areas); the approach according to which these concepts are interconnected and correlated as a cause (insolvency) and a consequence (bankruptcy); the legislative approach. A comparative analysis of the definitions of the thesaurus under study is carried out according to the scientific and theoretical position of specialists and researchers in the field of domestic law. The issue is raised on the expediency of differentiating the concepts of “insolvency” and “bankruptcy” in relation to legal practice. The methodology of analysis includes several preferential research methods, namely: comparative, historical, dogmatic. Based on the analyzed theoretical knowledge, as well as using those as the main argument, a conclusion was stated that accumulates modern approaches to the definition and differentiation of the terms “insolvency” and “bankruptcy”.

Annotation: The article, based on statistical data from the GIAC of the Ministry of Internal Affairs of Russia and the Judicial Department of the Supreme Court of the Russian Federation, analyzes the state and dynamics of crimes that violate the inviolability of the housing. There has been a positive trend towards a decrease in the number of convicts since 2018. At the same time the share of the crimes under consideration in the total number of crimes under Chapter 19 of the Criminal Code of the Russian Federation remains significant. Typical personality portraits of criminals committing criminal acts both according to the main and qualified elements of the crime are described. Persons brought to justice often do not believe that they are committing a crime because they invade someone else’s home during domestic quarrels, as well as for other, as it seems to them, “valid” reasons. The most of crimes are committed in a state of intoxication. Factors that make it difficult to bring a violator to justice under Part 3 of Article 139 of the Criminal Code of the Russian Federation: qualification features, active counteraction of a suspect (accused).

Annotation: China’s anti-corruption efforts in recent years have been unprecedented. A large number of corrupt individuals have been brought to disciplinary and even criminal responsibility. In 2003, the Chinese Government signed the UN Convention against Corruption, and in 2005, China ratified its accession to the Convention. After the accession, China has begun a series of amendments and improvements to anti-corruption norms. The anti-corruption accusations of Chinese criminal law are characterized by the fact that state officials are the core of the subjects of corruption-related offenses; physical entities and legal entities as subjects also co-exist there; and high pressure is maintained on corruption offenses. In addition to making the necessary changes to national legislation, China has taken appropriate steps to position itself internationally as a country that does not tolerate corrupt behavior by officials. In order to punish and prevent corrupt behaviors, strengthening international cooperation against corruption has become an inevitable choice for China.

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.