Journal headings
"Legal sciences"
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Release: 2024-3 (43)
DOI: 10.21777/2587-9472-2024-3-85-93
Keywords: Nord Stream, pipelines, sabotage, crime, the person who committed the crime, international crime
Annotation: In the article, within the framework of scientific approaches, the corpus delicti was analyzed, as a result of which the Nord Stream 1 and Nord Stream 2 pipelines were violently damaged. The possibilities of determining the perpetrators of this crime were explored. The concealment of information and its distortion by the world media, the silence of some members of the international community, and the refraining of some permanent and nonpermanent members of the UN Security Council from assessing this crime, as well as the failure of international decision-makers to launch an investigation at the international level, all indicate that there are attempts to create physical and geographical obstacles to the disclosure and investigation of these crimes. The study shows that this crime can be classified as a complex offense that has exposed the vulnerability of the infrastructure used to exchange goods and services through the waters of the seas and oceans. It is not covered by the direct protection of national jurisdiction, as it falls outside the sovereignty of States. The commission of such crimes can threaten not only the economic security of countries, but also their sovereignty and territorial integrity.
PROCEDURAL PROBLEMS OF CONDUCTING AN INTERROGATION THROUGH THE USE OF VIDEO CONFERENCING SYSTEMS DURING THE PRELIMINARY INVESTIGATION
Release: 2024-2 (42)
DOI: 10.21777/2587-9472-2024-2-88-92
Keywords: investigative actions, the use of video conferencing, interrogation, interrogation tactics, protocol of investiga- tive action, investigator
Annotation: The article highlights the problematic issues of conducting such an investigative action as interrogation dur ing a preliminary investigation through the use of video conferencing systems. The issues of interrogation have always been and are an urgent topic, because it occupies a special place in the system of investigative actions and there are practically no criminal cases during which interrogations would not be carried out to obtain evi- dentiary information. The author pays attention to the issues of using video conferencing during interrogations conducted with the participation of suspects accused during the preliminary investigation. The rules for the use of remote technologies during interrogation are considered, and also a number of doubts about the possibility of observing the procedural guarantees of participants during interrogation by using video conferencing systems are expressed. The article highlights the difficulties that arise when familiarizing with the protocol of an inter- rogation conducted using a video conferencing system. The author substantiates the conclusions about the need to amend and supplement the criminal procedure law in order to eliminate the identified problems.
THE ASSAULT ON THE NORD STREAM PIPELINE: AN INTERNATIONAL CRIME OF A STATE CHARACTER. Article one
Release: 2024-2 (42)
DOI: 10.21777/2587-9472-2024-2-93-101
Keywords: Nord Stream, pipelines, sabotage, crime, the person who committed the crime, international crime
Annotation: The article analyzes the nature of the crime within the framework of scientific approaches, as a result of which pipelines laid in the Baltic Sea from the mainland of the Russian Federation to the mainland of the Federal Republic of Germany, known as Nord Stream 1 and Nord Stream 2, were violently damaged; the possibilities of determining the perpetrators of this crime are explored. The concealment of information and its “distortion” by the world media, the silence of one part of the international community and the abstention from assessing this crime by a number of permanent and non-permanent members of the UN Security Council at a meeting held on March 27, 2023, the failure of the international decision to launch the investigation process at the international level, actually show that a multi-level controlled security, intelligence and information operation in the direction of interference (physical, geographical), infrastructural interdependence, interdependence in the field of mass media, the interdependence between the crime and the perpetrators. The investigation shows that this criminal act can be classified as an international State crime, that the crime was committed by an alliance of States organized in the form of a criminal association. The results also show the intention of the perpetrator, under the auspices of the UN Security Council, to exclude the possibility of an independent “criminal investigation”, counting on the “pas- sage of time”, which may interfere with obtaining relevant evidence. Of all the above, the attack on the “Northern Stream” pipelines is a complex crime that has shown the vulnerability of the infrastructure through which goods and services are exchanged across the waters of the seas and oceans, as it does not fall under the sovereignty, which means that they are not under the direct protection of the national jurisdiction of States. The commission of these crimes may threaten not only economic security but also the sovereignty and territorial integrity of States.
APPLICATION OF GENERAL AND SPECIAL RULES TO INVALIDATION OF STATE AND MUNICIPAL CONTRACTS
Release: 2024-3 (43)
DOI: 10.21777/2587-9472-2024-3-94-101
Keywords: transaction, contract, invalidity of transactions, fulfillment of obligations, competitive procurement, bidding, uniform requirements, convalidation
Annotation: The procurement of goods, works and services for state and municipal needs affects the interests of a wide range of people. The article discusses ways to invalidate state and municipal contracts due to violations of procure- ment rules. The analysis of approaches to the recognition of state and municipal contracts as invalid is carried out by comparing the application of legislation in the field of procurement of goods, works and services and the norms of the Civil Code of the Russian Federation. The issue of improving legislation in the field of procurement of goods, works and services is raised in terms of including special grounds for invalidation of contracts. The author considers the established judicial practice based on general provisions on the invalidity of transactions, including approaches to invalidation of trades. Due to the fact that the implementation of state and municipal procurement affects a wide range of people, the author considers the issues of the application of restitution and convalidation of transactions. In the text of the article, the Russian Federation is abbreviated as RF.
STRUCTURE OF THE RUSSIAN NATIONAL LEGAL CONSCIOUSNESS IN CONDITIONS OF THE SEARCH FOR CIVILIZATIONAL LANDMARKS
Release: 2023-4 (40)
DOI: 10.21777/2587-9472-2023-4-5-10
Keywords: legal consciousness, legal psychology, legal ideology, legal values, legal culture
Annotation: The purpose of the study is to consider the key foundations of jurisprudence, namely the elements of its structure, taking into account the changed geopolitical, internal political, civilizational and ideological and value conditions for the development of the modern Russian state and law. It is based on the understanding of legal consciousness, which has been developed in Soviet jurisprudence and become classical, as a certain set of ideas and feelings expressing the attitude of people, social communities (nations, people) to the current and desired law. Approaches to the structure of legal consciousness are analyzed, as a result of which prospects for the further development of the doctrine of legal consciousness and the heuristic potential of this complex socio-legal phenomenon are established. The author concludes that for modern Russia it is critically important to comprehensively take into account the sociocultural and theological conditions (factors) as well as legal mentality for the development of legal consciousness. These factors contributed to the forming of a unique legal consciousness of the conciliar Russian society, which in modern conditions nullifies all attempts to “instill” Western models of civil society and the rule of law into the domestic society.