Juridical Journal of Samara University

Since 30.11.2017, the journal is included by the Higher Attestation Commission in the List of leading scientific journals and publications in the Russian Federation, where basic scientific results of doctoral theses should be published (Bulletin of the Higher Attestation Commission of the Ministry of Education and Science.

In the journal scientific articles, conference papers, reviews on theses and other research works on all branches of legal knowledge are published.

The Certificate on registration of means of mass-media ПИ № ФС 77-68026 dated 13.12.2016

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Current Issue

Vol 8, No 1 (2022)

Full Issue

Theory of law and state

On the theoretical model of the limits of law-enforcement discretion
Onosov Y.V.
Abstract

The article provides a theoretical study of the concepts «limits of law-enforcement discretion», «limits of lawenforcement discretion», «restrictions on law-enforcement discretion». The subject of consideration is also a significant number of classifications of the limits of law-enforcement discretion. Due to the lack of unity of opinion among legal scholars, various approaches are analyzed, attention is drawn to the theoretical and practical significance of the study of these issues. Attention is drawn to the importance of constructing a theoretical model of the limits of law-enforcement discretion based on the concept, features and classification of limits. The result of the study was the category «limits of law-enforcement discretion», which is complex in the modern general theory of law. It is suggested that the use of the category «enforcement discretion» will allow a more complete and accurate description of the modern procedure of legal regulation. The author presents for discussion the issues, the solution of which will contribute to the creation of a theoretical basis for the problem of the margin of appreciation in law-enforcement practice.

Juridical Journal of Samara University. 2022;8(1):7-13
pages 7-13 views

History of law and state

Genesis of protective legislation in pre-revolutionary Russia in the field of ecology: historical and legal analysis
Artamonova M.A., Bezverkhov A.G., Yudina T.F.
Abstract

This article establishes that the genesis of protective legislation in the field of ecology is associated primarily with the scale and depth of the impact of society on its natural environment, with the awareness of environmental values in society and the development of environmental legal thinking. In the context of adaptive and adaptive-practical human impact on nature, the legal mechanism of nature management is based on a complex of property legal relations. On the example of the genesis of the protective legislation of pre-Soviet Russia in the field of ecology, it is shown that protonnormative provisions of an environmental nature appear in the domestic legislation of the XIX century. However, in the context of the transition of society from an adaptive, adaptive-practical to a purely economic (production-consumer) attitude to nature, they did not transform into an independent group of environmental legal norms, continuing to develop in property norm systems (including unauthorized use or destruction / damage of other people’s property), as well as about the people’s welfare, public accomplishment, deanery, etc.

Juridical Journal of Samara University. 2022;8(1):14-20
pages 14-20 views

Criminal law

Administrative precedence in the context of a multisectoral understanding of its features in the criminal law of Russia and Belarus
Khilyuta V.V.
Abstract

The article discusses the understanding of administrative precedence in the criminal law of the Russian Federation and the Republic of Belarus. The author raises the problem of understanding the administrative precedence through the prism of the time when the crime was committed and the retroactive effect of the criminal law. The question of the validity of bringing a person to criminal and administrative responsibility in the event of a crime with signs of administrative precedence is also discussed. The author concludes that the administrative precedence is a sign of the subject of the crime, and not of the objective side of the corpus delicti. It is also justified that bringing a person for repeated or repeated offenses to administrative rather than criminal responsibility cannot in the future serve as a repeated basis for the perpetrator to be prosecuted for a set of repeated identical acts. For this reason, no one can be held responsible twice for the same act.

Juridical Journal of Samara University. 2022;8(1):21-28
pages 21-28 views

Criminal science

Features of violent crime in places of deprivation of liberty
Egorova T.I.
Abstract

This article analyzes the problems of violent crime in places of deprivation of liberty. The author investigates the features of its content characteristics. The relevance of the topic is due to the prevalence of psychological phenomena in penitentiary practice, manifested in conditions of concentrated isolation of criminally deformed persons. The paper touches upon the issues of criminal subculture, which has special patterns of manifestation in correctional institutions. At the same time, a common distinguishing feature of the tacit impact of crime is the violent nature of maintaining authority among the prison population. It is noted that deprivation of liberty in itself also has the potential of a negative impact on the conflict of the penitentiary environment caused by derivational psychological processes. The author confirms the hypothesis that in places of deprivation of liberty, the personality characteristics of violent criminals are formed due to past criminal experiences.

Juridical Journal of Samara University. 2022;8(1):29-33
pages 29-33 views

Criminal procedure

Significance of the act of initiation of criminal proceedings: what has changed?
Lazareva V.A.
Abstract

The article considers the urgent problems of initiating a criminal case, the regulation of which has undergone significant changes in recent years, which in fact turned the verification of the existence of grounds for the start of the preliminary investigation into its initial stage, which is carried out by procedural means and methods, in connection with which its results have acquired all the signs of admissible evidence. This circumstance requires serious reflection, since it is incompatible either with the general understanding of criminal procedure or with the ideas postulated by classical theory about both evidence and the ways in which they are collected. Changes in the procedure of initiating a criminal case affect not only the entire pre-trial proceedings, but also the essential principles of the criminal process as a whole. As a result of the study, it is substantiated that the activities of the investigation and inquiry bodies, preceding the decision to initiate criminal proceedings, today have all the signs of criminal procedure; the conclusions arising from this statement are formulated, the main of which is the need to revise a number of theoretical postulates and, obviously, criminal procedure legislation.

Juridical Journal of Samara University. 2022;8(1):34-39
pages 34-39 views

International law

Optimization of combating crimes against human freedom at the level of key international organizations in the post-Soviet space (Commonwealth of Independent States and the Eurasian Economic Union)
Polyanskaya E.M.
Abstract

This article is devoted to the analysis of combating crimes against human freedom, carried out at the level of key international organizations in the post-Soviet space (the Commonwealth of Independent States and the Eurasian Economic Union). A number of documents were considered, including the Interstate Program of Joint Measures to Combat Crime for 2019–2023, which does not mention the use of slave labor, which the author considers a significant shortcoming of international legal regulation. It was proposed to unify the concept of «human trafficking». The article analyzes the possibility of supplementing the Criminal Code of the Russian Federation with a novel about the release from criminal liability of victims of certain conventional crimes.

Juridical Journal of Samara University. 2022;8(1):40-48
pages 40-48 views
Science of international law – since ancient times!
Krivokapich B.D.
Abstract

In modern doctrine, the emergence of science of international law in the ancient world is often overlooked or even outright denied. However, the most ancient legal treaties contain separate norms of international law, the formulation and application of which should have been carried out by specialists familiar with past and existing practice. In connection with the above, it seems relevant to understand the issue of the moment when the science of international law emerged. It is advisable to conduct a study of the works of ancient philosophers and legal scholars to formulate conclusions that international law has existed since the formation of the first states and is a consequence of the transfer of basic legal principles from domestic relations to external interstate ones. The research methodology is determined by its sources. The use of comparative, formal legal, historical research methods made it possible to achieve this goal. Based on the names and works of thinkers of ancient countries (China, India, Greece, Rome), it is argued that international legal thought existed in the ancient world. In conclusion, it is concluded that neither international law, nor its science were created in Europe in the XVI–XVII centuries, as some researchers say. Both the emergence itself and the study of international law are objective processes that political life demanded and generated much earlier.

Juridical Journal of Samara University. 2022;8(1):49-64
pages 49-64 views

Criminalistics and forensic enquiry

Legal regulation of the use of scientific and technical means when solving crimes by employees of the criminal investigation department in Donbass in 1918–1953
Groshevaya V.K.
Abstract

The article reflects the main aspects of formation of legal regulation of the use of scientific and technical means when solving crimes by the employees of the criminal investigation department in Donbass in 1918–1953. A close relationship is indicated between the degree of introduction of scientific and technical means into the activities of operational officers of the criminal investigation department with the growth of quantitative and qualitative indicators in the fight against crime in Donbass in 1918–1953. Particular attention is paid to the interaction of operational and forensic departments of the internal affairs bodies in solving various types of crimes and there made it possible to effectively counteract crime and the growth of its most dangerous manifestations in the postwar years in the Soviet Union. It is summarized that on the basis of the accumulated experience, new research methods, scientific and technical methods were developed, which were introduced into the practice of criminal investigation. Supporting the need for direct cooperation of the investigative authorities with experts, it is indicated that it is inadmissible to make erroneous decisions based on the expert’s conclusions due to the influence of various factors.

Juridical Journal of Samara University. 2022;8(1):65-75
pages 65-75 views
Genomic registration in Russia in crime investigation: current state and prospects
Kubanov V.V.
Abstract

The article analyzes the problems of legal regulation and practical implementation of the state genomic registration in the activities of the law enforcement system, the opinion is expressed about the prospects for the use of gene-molecular information in various fields of activity. The regulatory and legal regulation of the Institute of genomic registration in the Russian Federation is characterized, changes to certain legislative acts of the Russian Federation on issues of state genomic registration are analyzed. The issues of expanding the circle of persons subject to mandatory state genomic registration are investigated. It is pointed out that the amendments proposed by the legislator to the interpretation of the concept of «genomic information» are illegitimate. It is concluded that it is unacceptable to merge law enforcement and healthcare functions in one database of genomic information. The issues of expanding the capabilities of genetic and molecular expert research in solving the problems of both the law enforcement system and the healthcare system are touched upon, since genomic accounting provides extremely wide opportunities for solving issues related to health protection. At the same time, mixing law enforcement functions with others, primarily healthcare, in one registration array is unacceptable. The problem can be solved under the condition of functioning of independent information and analytical systems with different purposes.

Juridical Journal of Samara University. 2022;8(1):76-80
pages 76-80 views
To the question of the content of the term «witness»
Pankina I.Y., Slavgorodskaya O.A.
Abstract

This article examines the problem of the formation of criteria for assessing the reliability of the testimony of a witness, based on the analysis of the development process of this category. As a research task, the authors identified an attempt to evaluate the most traditional positions that determine its content, to compare them. The main content of the research is the analysis of the genesis of the category «witness» in the context of various historical periods. It is emphasized that the immediacy of perception underlies almost all definitions of the concept of witness. It has been established that, despite the duration of the existence of the studied category in criminal proceedings, the procedural functions of a witness belong to the category of poorly studied. The idea is substantiated that it is necessary to further improve the criminal procedural consolidation of the category of witness in conjunction with the demand for the development of forensic study of the witness and the formation of criteria for the reliability of the testimony of the witness.

Juridical Journal of Samara University. 2022;8(1):81-87
pages 81-87 views

Administrative law and process

Legal regulation of procurement activities in Russia, China and Mongolia: some aspects of financial control and anti-corruption
Gunzynov Z.P., Dondokova M.Y., Konovalova Z.A., Myakhanova A.N., Sinkov D.V.
Abstract

The article describes some of the features of legal regulation of public procurement in the People’s Republic of China, Mongolia and the Russian Federation. In the article the key provisions of financial control and anti-corruption are highlighted and the priorities of state policy in these countries in the field of public procurement are noted. The legislation of China and Mongolia is analyzed from the standpoint of the possible use of their provisions to improve Russian legislation. So, the Chinese and Mongolian legislation, in contrast to the Russian, is more concise, has no reference character, etc. Purpose: All above confirms the relevance of further comparative legal analysis of the legislation of the People’s Republic of China, Mongolia and the Russian Federation in the field of procurement. Conclusions obtained in the course of the study: To identify the distinctive points in the legal regulation of financial control and the application of measures of responsibility for crimes in the implementation of procurement activities in the Russian Federation, the People’s Republic of China and Mongolia. Conclusions of the research: the legislation of Russia, Mongolia and China is improving methods of combating corruption offenses that are committed in the implementation of procurement activities. Despite the adoption of many legal measures, corruption crimes in procurement activities are committed quite often.

Juridical Journal of Samara University. 2022;8(1):88-96
pages 88-96 views
Complexity and consistency of ensuring transport security: administrative legal aspect
Zaikova S.N.
Abstract

The article is devoted to the current problem of improving public administration in the field of transport security. The author notes that a resource-intensive and highly costly mechanism for ensuring transport security requires optimal organization and structuring of management processes in the considered area and is aimed at the result which satisfy public security interests. The purpose of the study was to determine the degree of development of federal and regional legislation in the field of transport security in terms of complexity and consistency of public administration in the considered area. The methodological basis is represented by a combination of general scientific and particular scientific (logical-legal, comparative-legal) methods of cognition. There is an analysis of the content, stages, adoption and implementation features of state management decisions in the field of transport security. The author comes to the conclusion that state management in the field of transport security is a kind of social management with its main goal to organize social processes and streamline public relations to protect the transport complex from acts of unlawful interference. Hence, it is suggested that an integrated system of transport security is formed, including legal institutional, organizational and information subsystems to improve the efficiency of public administration. Combining the listed subsystems into one organizational unity will make it possible to achieve stability and sustainability in the regulation of the considered social processes and the coordination between all subjects of state administration. The author suggests changes to the current version of the federal law on transport security.

Juridical Journal of Samara University. 2022;8(1):97-103
pages 97-103 views

Tribune of young scientist

Problem of election validity in remote electronic voting
Larin I.G.
Abstract

The article analyzes the features of using the institute of remote voting in the electoral process, including the problem of invalidation of elections associated with the use of this institute. The article reveals the features of implementation of the remote electronic voting procedure in practice, identifies the problems associated with the use of software in elections using remote voting methods, and also indicates the presence of gaps in modern legislation in terms of regulating the invalidity of the described elections, uncertainty in liability for violations in this sphere of electoral law. The article concludes about the shortcomings of the existing legal regulation and identifies possible solutions to the identified problems.

Juridical Journal of Samara University. 2022;8(1):104-109
pages 104-109 views
Electronic documents in criminal proceedings
Lebedev Z.S.
Abstract

The article is devoted to the study of electronic documents in criminal proceedings and their application in practical activities: the procedural prerequisites for the introduction of these documents, as well as the existing positive effect, are considered. The author studies various points of view of theoretical scientists in relation to the definition of the concept of “electronic documents,” according to the results of the study, he proposed his own definition of this concept. The article also describes the possibility of functioning of authorities in the context of the introduction of electronic documents on the example of the Ministry of Internal Affairs of Russia, describes already existing experience in the practice of the Russian executive body. A comparative analysis of the use of electronic documents in foreign judicial practice was carried out, using the example of the Code of Criminal Procedure of the Republic of Kazakhstan. Based on existing experience in the practice of the Russian Federation, established procedural rules, as well as the experience of a foreign state, the author concludes that he is ready to switch to a digital format of criminal cases.

Juridical Journal of Samara University. 2022;8(1):110-115
pages 110-115 views
Analysis of the Istanbul convention of the prevention of sexual violence
Sviderskaya A.Y.
Abstract

The article is devoted to the current problem of the effectiveness of the fight against sexual violence. The purpose of the article is to develop proposals for the prevention of sexual violence on the basis of Chapter 3 of the Council of Europe Convention on the Prevention and Combating of Violence against Women and Domestic Violence as of 11.05.2011. The author uses the method of comparative law in the study, comparing the legislation of foreign countries and the Russian Federation in this area. The author focuses on information and educational activities as one of the most effective means of preventing sexual violence. The article summarizes the practical experience of foreign countries in combating sexual violence. As a research task, the author identified an attempt to assess the effectiveness of the policy of the Russian Federation in the field of countering sexual violence. In conclusion, the author notes that a comprehensive and effective system for combating sexual violence against women should be based on a solid State legal and policy framework, together with non-governmental organizations that have experience in combating this phenomenon.

Juridical Journal of Samara University. 2022;8(1):116-124
pages 116-124 views
Dismissal of prosecution and termination of criminal case in court
Тalalaev K.A.
Abstract

The article analyzes the institution of the dismissal of prosecution in court. The author of the article believes that this legal institution violates the victim’s rights to access to justice and compensation for damage caused. The position of the Constitutional Court of the Russian Federation, set out in the Resolution of the Constitutional Court as of April 20, 1999 № 7-P, 08.12.2003, № 18-P gives the provisions of the commented institution the content that is not included in them. The author of the article invites the court to pass an acquittal. The victim will be able to appeal against the defamatory sentence on all grounds of Article 389.15 of the Code of Criminal Procedure of the Russian Federation. The author of the article suggests making the necessary changes to the criminal procedure law.

Juridical Journal of Samara University. 2022;8(1):125-129
pages 125-129 views

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