Journal headings
"Legal sciences"

Annotation: Advertising is an integral part of modernity. The article describes the problematic issues of legal regulation of consumer protection in the field of advertising, as well as administrative responsibility in the proposed area. The problems of advertising alcoholic and non-alcoholic products have been studied, including those, which arise when the advertising is made by bloggers. Various positions of lawyers are presented and analyzed. The problem of illegal inaction of public authorities is highlighted. In this regard, an analysis of the powers of public authorities in the field of advertising is given. In addition, the emphasis is on studying the “insignificance” of an offense in the field of advertising. The circumstances of insignificance are highlighted, the opinions of scientists are given, and judicial practice in the proposed area is also investigated. The issue of the possibility of sending advertising by electronic means is considered. Based on the analysis, the relevant conclusions were made and prospects for the development of the above-mentioned legal relations were proposed. The main proposals include: increasing the fine for bloggers; reduction in the level of advertising of non-alcoholic products and others. It also highlights the need to pay attention to combating corruption in the field of advertising circulation.

Annotation: The article describes the features of exemption from criminal liability due to the active repentance. The relevance of the topic of the article is predetermined by the significance of the institution of exemption from criminal liability in the general mechanism of the implementation of criminal policy, which is based on the principles of justice and humanism. The humanistic foundations of modern criminal policy presuppose the existence of mechanisms for the exemption of guilty persons from criminal liability, but the Russian criminal policy – the existence of alternative measures to bring to justice, including exemption from it, among other things, on the basis of active repentance. The purpose of the article is to identify legislative gaps and problems in the implementation of norms regulating exemption from criminal liability due to active repentance. As a result of the study, proposals were formulated to improve the norms of the Criminal Code of the Russian Federation regulating the grounds for exemption from criminal liability due to active repentance. It is proposed to systematize the norms allowing the application of Part 2 of Article 75 of the Criminal Code of the Russian Federation, but Part 2 of Article 75 of the Criminal Code of the Russian Federation should be supplemented with an indication of mandatory exemption from criminal liability and a list of articles of the Special Part of the Criminal Code containing relevant notes.

Annotation: Copyright law is based on certain principles (fundamental ideas). The issue on the relevance of the principles of analogue copyright law in the digital age is debatable. The purpose of this article is to identify and conceptualize the principles of copyright law in the analogue and digital eras. The author of the article analyzes five such principles: the principle of protection of a works form; the principle of automatic copyright protection; the principle “the author is a individual who created the work”; the principle of recognition of the inalienable moral rights of the author; the principle of a closed list of cases of free use of a work. It was concluded that these principles are the same for digital and analogue copyright. At the same time, specific transformations are gradually brewing within each of the principles in the digital age. For example, the principle of automatic copyright protection seems irrelevant and ineffective today. The study used general scientific, formal-logical methods of cognition.

Annotation: The paper is devoted to the consideration of the problems of detention of a suspect by the bodies of preliminary investigation and ways of their possible solution. At the same time, the author touches upon problematic issues related to the regulation of the grounds, procedure and terms for the detention of a suspect, improper enforcement of the legality of the implementation of this measure of procedural coercion and maintaining the secrecy of the detention of a suspect. Particular attention is also paid to the study of the issues of detention of the accused, the norms on the direct regulation of which the Code of Criminal Procedure does not contain. The article analyzes the issues of legal regulation of detention and interpretation of norms both in the Soviet Union and at present. The author concludes that it is necessary to regulate the issue of detention of the accused in the current Code of Criminal Procedure of the Russian Federation, which would correspond to the requirement established in Part 1, Art. 1 of the Code of Criminal Procedure of the Russian Federation on the procedure for criminal proceedings on the territory of the Russian Federation, based on the Constitution of the Russian Federation. It is proposed to amend paragraph 1 of part 1 of Art. 91 Code of Criminal Procedure of the Russian Federation.

Annotation: Over the past 30 years, the problem of stages of criminal proceedings has been actively discussed in the scientific literature. The range of opinions in the discussion is significant, but most of all in the system of stages, the need to preserve the stage of execution of the sentence is questioned. Both in the previous and in the current Code of Criminal Procedure of the Russian Federation, the legislator did not consider it necessary to normalize the concept and types of stages of the criminal process, which largely determines the debatable nature of the problem. The overwhelming majority of researchers who do not support the established position on the execution of a sentence as one of the stages of the criminal process, focus on its features that are not characteristic of other stages. At the same time, beyond the scope of study, as a rule, there remains the general issue that unites all stages into a system – the subject of the branch and the legal relations that develop in the process of implementing the goals of criminal proceedings. The conducted research allows us to confidently confirm the correctness of the traditional scientific approach, according to which the execution of a sentence is the final stage of the criminal process. The authors consider it necessary to fix the definition of the stage of criminal proceedings in the Code of Criminal Procedure of the Russian Federation and list their types.