Journal headings
"Legal sciences"

Annotation: Detention refers to preventive measures, in the election of which the interests of the parties involved in criminal proceedings most acutely clash. Despite its objectively inherent shortcomings, expressed primarily in the restriction of essential human rights, detention continues to be an uncontested measure in the investigation of the most socially dangerous acts. The evidence of the urgency of the problem is repeated (over 40 times!) introduction by the legislator of amendments and additions to the articles of the CPC regulating the grounds for appointment and terms of detention. The Constitutional Court of the Russian Federation also addressed the clarification of their constitutional and legal meaning. Statistical data from recent years indicate a steady decrease in the number of registered crimes in the country, which has decreased by more than 1 million in 15 years. Contrary to this, in recent years the number of persons detained in pre-trial detention centers and pre-trial detention facilities in the context of the penal enforcement system of the Ministry of Justice of the Russian Federation has been increasing. Moreover, the growth continued, despite the annual decrease in the number of applications granted by the courts for the election of this preventive measure. According to the authors, the main reason for this phenomenon is due to the continued “aggravation” of the crime structure and the resulting tendency to increase the length of detention both to the maximum permissible and beyond it. The authors make extensive use of statistical data in the article, presented on the official websites of various departments, as well as the results of the last two special censuses of convicts and persons in custody, in the analysis of which they were directly involved. In the text of the article, the Russian Federation is abbreviated as RF.

Annotation: The article is devoted to updating the scientific discussion regarding the existence and legal nature of family legal responsibility, as well as its grounds. Taking into account the importance and substantial significance of the scientific assessment of all theoretical and applied aspects of responsibility in family law, the authors conclude that the current state of affairs in legal science clearly indicates the need to adjust both the composition of the principles of family law and the relevant characteristics of the method of family law regulation, including the recognition of an independent place family legal responsibility in the Russian national system of legal protec- tion measures. In addition, as a result of a brief analysis of the legal literature, the authors conclude that there is no unified methodological approach to determining the quantitative and substantive characteristics of the elementary composition of a family offense. The overall result of the reasoning is the conclusion that the sphere of state interests in terms of protecting and strengthening the family, preserving traditional family values, clearly indicates the need for the determining influence of public law mechanisms that ensure the effectiveness of family law regulation, which cannot but affect the specifics of family law responsibility. In the text of the article, the Russian Federation is abbreviated as RF.

Annotation: The article is devoted to the study of the subject and the subjective side of ecocide as a war crime. In the vast majority of cases, ecocide is committed during armed conflicts. The main subjective feature of the crime of eco- cide is the intentional form of guilt. Intent can be direct or indirect. Considering certain doctrinal approaches to understanding ecocide, it can be defined as a crime against the safety of mankind, which is expressed in the deliberate infliction of extensive, long-term and serious damage to the natural environment, resulting in a threat to the ecological safety of mankind, violating international obligations to conduct military operations by ac- ceptable means and methods. Ecocide committed during an armed conflict can be defined as a war crime, which consists in the use of means and methods of warfare prohibited by international law, resulting in extensive, long- term and serious damage to the natural environment, creating a threat to the ecological security of mankind. The subject of ecocide can be either general or special. However, taking into account the situation of ecocide (armed conflict), the subject of this crime will be a special one – a serviceman or an official of the armed forces. In the text of the article, the Russian Federation is abbreviated as RF.

Annotation: The purpose of this study is to investigate public relations related to the guarantee of citizens’ labour rights at their primary place of employment in connection with their participation as voting members of electoral commissions during the preparation and conduct of elections. The subject of the study is the relevant norms of domestic regula- tory legal acts. For this purpose, the current electoral and labor legislation is analyzed, the norms and principles of legal regulation are compared. Based on the results of the study, the main problems of legislation in the subject area and proposals for their elimination are identified. The results of the work can be taken into account for the purpose of improving legislation, as well as in ensuring organizational measures aimed at implementing guarantees of labor rights of members of election commissions. Implementation of guarantees of labor rights of members of election commissions is associated with ensuring a balance of public-legal and economic interests, which involves a deep analysis of trends and continuous improvement of legislative regulation and the law enforcement process. In the text of the article, the Russian Federation is abbreviated as RF.

Annotation: Criminal and legal assessment of instigators who induce other co-conspirators of a socially dangerous act to commit a crime under Article 214 of the Criminal Code of the Russian Federation often causes difficulties for law enforce- ment subjects. For this reason in the activities of law enforcement agencies there are errors in the form of insufficient or incorrect qualification of unlawful acts. Based on the study of 155 criminal cases, the authors have identified the main methods of incitement: bribery (57% of cases), persuasion (39%), as well as rare cases of blackmail, deceit and offers (4%). The authors pay special attention to the ways in which property owners or representatives of legal entities use incitement to obtain insurance payments, as well as the involvement of minors in the commission of vandalism. Judicial and law enforcement practice, as well as scientific literature containing the rules of qualification of crimes in the presence of an instigator are analyzed. The result of the conducted research is the proposals on application of the provisions of the current criminal law. In the text of the article, the Russian Federation is abbreviated as RF.