Journal headings
"Legal sciences"

Annotation: The article discusses the private legal framework for regulating the provision of early assistance to “at-risk” children for the development of limited health opportunities, as well as to children with established disabilities. The author pays attention to the norms of family and civil law, as well as the norms of social security law in their private legal aspect, when organizing the process of providing early assistance to children. The study par- ticularly emphasizes the complex nature of early assistance, not only from the perspective of legal regulation by the norms of various branches of law, but also from the perspective of the subject – the recipients of early assistance are not only children with health problems themselves, but also their family members, whose circle is not limited to parents, as well as other legal representatives. A special place in the study is given to the analysis of various aspects in the field of the possibility of using digital and other modern remote technologies in the process of providing early assistance. In the text of the article, the Russian Federation is abbreviated as RF.

Annotation: В статье на основе статистических данных ГИАЦ МВД России и Судебного департамента при Верхов- ном Суде Российской Федерации проводится анализ состояния и динамики преступных нарушений тайны переписки, телефонных переговоров, почтовых, телеграфных или иных сообщений в России за последние 10 лет (2015–2024). Отмечено, что преступление по ст. 138 УК РФ не является распространенным в следственно-судебной практике. Определены факторы, способствующие латентности указанных преступлений. Рассмотрены примеры соответствующей следственно-судебной практики. На основе анализа демографических признаков осужденных по ст. 138 УК РФ составлен типичный портрет лич- ности преступника, совершающего преступные деяния как по основному, так и по квалифицированному составу преступления. Определено, что совершение преступления во многом предопределяет попадание лица в криминогенную ситуацию, приведшую к совершению преступления. Также рассматриваются об- стоятельства, способствовавшие совершению преступления с использованием служебного положения. По тексту статьи Российская Федерация сокращенно указывается – РФ.

Annotation: In the article, the authors consider the institution of interim measures taken with respect to the property of a person who is not a debtor in a bankruptcy case. Based on the analysis of the current legislation and the practice of its application, the specifics of the procedure and grounds for taking such interim measures are being studied. Based on the results of the study, it was concluded that the imposition on a person to whom no claims have been filed within the framework of bankruptcy relations, the adverse consequences of making such claims to a debtor-citizen or to a subsidiary debtor in the form of interim measures against the property of such a person should be carried out only at a court hearing to clarify his status as a controlled person and the actual ownership of his property, and an application for the adoption of these interim measures in the framework of a dispute over challenging a bank- ruptcy transaction that is not a debtor’s transaction, or without submitting claims to challenge the transaction to a person, it should be recognized as an abuse of law in the form of circumvention of the law for an unlawful purpose. In the text of the article, the Russian Federation is abbreviated as RF.

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 discusses the features of the qualification of thefts committed with the use of violence. The number of such acts continues to grow, which confirms the relevance of the issues under consideration. The subject of the study is the criminal law norms that provide for liability for malicious encroachments on property that involve the use of violence, both dangerous and not dangerous to life or health. The purpose of the study is to propose criteria for distinguishing between robbery and assault, as well as to substantiate proposals for their correct classification. The article provides examples from forensic and investigative practice that illustrate the issues of classifying thefts involving violence. The following methods were used in the study: formal-logical, comparative- legal, as well as analysis, synthesis, and deduction. The novelty of the research lies in the fact that the author, based on a generalization of judicial practice, has provided clearer suggestions for qualifying the actions that are being frustrated in order to avoid errors in the law enforcement sphere. In the text of the article, the Russian Federation is abbreviated as RF.