Vol 6, No 2 (2020)

The purpose of this scientific publication is a comprehensive doctrinal study of the institute of mediation and its legal dimension. The historical analysis of the formation of mediation procedures in the process of historical formation of the social state is carried out. The problems of implementation of the mediation institute in the modern legal system in relation to punishment are revealed. The connection between the process of expanding the subject of legal regulation and mediation procedures in the legal system is shown. The article uses the methods necessary for doctrinal analysis of mediation as a legal institution, namely: formal-legal, comparative-legal and specifi cally historical. The result of the study was an analysis in the historical aspect of legal institute of mediation. Theoretical significance of the study lies in the development of a unified concept of mediation in the context of punishment. The necessity of understanding mediation as a complex inter-sectoral institution in the domestic legal system is substantiated. The practical value lies in the assessment of mediation as a complex legal institution for the domestic legal system in general and for the judicial system in particular.

The article is devoted to certain issues of transformation of the mechanism of realization of the public power in a digital society. The author draws attention to the fact that the digitalization of public power seriously corrects the relationship between a person, society and the state. This will affect the constitutional and legal status of a person in the digital dimension. The formation of the digital economy will change the architecture of social and labor relations, determining the need to find a new point of balance in society that ensures the achievement of social compromise and the preservation of the integrity of the state. In addition, the author believes that modern digital technologies open up new opportunities in the implementation of certain state-legal institutions. This fully applies to the institution of elections. However, the article expresses some concern that new technologies, if applied to established institutions of public power, may devalue the constitutional and legal values and principles they protect. Based on this, the author comes to the conclusion that it is necessary to start a constitutional and legal discussion about the limits of the use of new technologies in the sphere of public power.

The article poses the problem of the need to take into account various individual physiological and mental characteristics of a person when conducting professional selection in connection with the expansion of the scope of professional activity. It is considered possible and expedient to solve the problem from the perspective of an integrated approach based, inter alia, on modern DNA technologies that make it possible to draw up «genetic maps» of a person’s predisposition to a particular type of professional activity. In this regard, it is proposed to form an appropriate regulatory legal framework consisting of three main blocks that determine the legal regime of genetic information and scientific research in this area; principles and procedures for genetic passportization; professional standards, in established cases taking into account, in particular, the factor of this predisposition. The article considers the question of the role of biological rhythms in the structure of professional adaptation and the need to take them into account when forming a general conclusion about a person’s potential correspondence to a certain professional activity, which has not been covered in the doctrine. The conclusion is drawn on the need for further interdisciplinary research of the problem and optimization of the legal regulation of relations in the field of professional activity associated with the risk of circadian biological rhythm disturbances.

The article analyzes the provisions of Russian and foreign legislation on the protection of citizen’s health in terms of organizing and conducting medical genetic counseling through telemedicine, identifies the subject composition and specifics of this type of medical care, and suggests the development of a set of protective measures of a legal nature to protect the rights of patients and their relatives. The authors pay special attention to the quality of medical services provided using telemedicine technologies, and consider the main problems of bringing individuals to justice for improper performance of obligations.

Environmental protection is an important concern for society. One of the most relevant topics of recent times is the solution of the issue related to attracting private investment in solving environmental problems in Russia. The use of public-private partnership mechanisms is seen as the most promising tool for this. Herewith, the fruitful application of this institution in the field of environmental protection largely depends on the effectiveness of its legal regulation. Meanwhile, it seems that the existing approach in the Russian legislation does not meet this condition yet. There is no special legal regulation of PPPs in the environmental sphere, and the current Federal Law of July 13, 2015 No. 224-FZ contains norms restricting its application for different reasons, posing to scientists and practitioners as a whole the question of the effectiveness of this specified legal act in environmental sphere. In order to determine the most optimal model of legal regulation of PPP in the fi eld of environmental protection in the Russian Federation, among other things, it is necessary to study the experience of such legal regulation in foreign countries. This article is devoted to the study of this particular issue. The article considers the main models of legal regulation and forms of public-private partnerships in foreign countries, and also analyzes a number of specifi c PPP projects aimed at protecting the environment and their legal regulation. According to the results of the study, the author comes to the conclusion that there is no special legal regulation of these relations. However, this fact is not an obstacle to the use of PPP in the field of environmental protection. The author concludes that artificially limiting the use of PPP to solve environmental problems is not justified.

The article identifies and reveals the Corpus delicti of forgery (Article 292 of the Criminal Code) and the manufacture of counterfeit documents (Article 327 of the Criminal Code). The article concludes that there is a differentiated understanding of the official document for the composition of crimes from different chapters of the Criminal Code of the Russian Federation. The article concludes that there is a differentiated understanding of the official document for the crimes from different chapters of the Criminal Code of the Russian Federation. The legal content of the subject of the crime is determined by the specifics of protected public relations that are damaged, as well as other signs of the crime. It is necessary to update the understanding of forged documents in connection with the introduction of official electronic documents and private documents. It is concluded that for the purposes of proper qualification of crimes, the signs of the subject of official forgery (Article 292 of the Criminal Code) and the production of forged documents (Article 327 of the Criminal Code) should be fixed in the notes to the relevant articles of the Criminal Code, taking into account the specifics of the specific object of crimes.

This article analyzes the issue of implementation of deprivation of liberty. The author investigates the issues of the grounds for the appointment of the considered punishment, the correctional value of isolation, law enforcement and security. The relevance of the issue is due to the presence in the Russian criminal and criminal executive legislation of problems regarding to the understanding of the sphere of coercive infl uence of deprivation of liberty, which primarily concerns the private interests of convicts in conditions of deprivation and significant restrictions of rights and freedoms. The paper deals with the issues of differentiated application of regime and educational measures, their content and practical significance, taking into account the combination of forced components, in particular, restrictions on visits, telephone conversations, the purchase of food, receiving parcels, transfers and parcels, and other socially significant interests. The author confirms the hypothesis that the presence of convicts in isolation in a correctional institution provides not only physical elimination from the opportunity to commit a crime, but also creates conditions for ensuring the effectiveness of punishment.

The article uses historical, comparative and legal methods to assess the change in the role of the victim in the criminal process. The article is devoted to a detailed analysis of the goals of the victim and his representative (lawyer) in criminal proceedings, an attempt is made to determine which of them are the main and which are secondary. The author concludes that it is incorrect to reduce the role of the victim's participation in the criminal process only to compensation for the harm caused to him. When carrying out their activities, the victim, together with their representative (lawyer), simultaneously protects both personal and public interests. To achieve this goal, due to the implementation of the principle of competition, the victim is assigned to the prosecution. Confirmation of this conclusion is the granting of rights to the victim to participate in the execution stage of the sentence. In this regard, the experience of the UK, where the victim has a fairly broad rights at the stage of consideration of the issue of parole of a prisoner, is analyzed. Particular attention is paid to the Prisoners (Disclosure of Information About Victims) Bill, which was submitted to the British Parliament in early 2020. However, the article emphasizes that the victim is free to choose his position on the case (implementation of dispositive principles). This circumstance, in the author's opinion, determines the specifi cs of the lawyer's activity to protect the rights of the victim in criminal proceedings and significantly aff ects the essence of his tactics.

In this article features of security measures usage (part 9 Article 166 of the Russian Criminal Procedure Code) to pre-investigative checkout participants are analyzed. The authors reveal legislative imperfections of concealing of personal data of applicants and crime eyewitnesses on the initiation of criminal procedure stage, bases of this security measures and acceptability of its apply to participants without procedural status. Based on analysis of legislative provisions and its practical realization the authors formulate a number of offers concerning criminal procedure law. This legislative offers aim to eliminate the obstacles of realization of part 9 Article 166 of the Russian Criminal Procedure Code during pre-investigative checkout.

Any investigation of crimes is accompanied by the conflict of interests of the parties. Each of participants of legal proceedings, both the inspector, and the person suspected of commission of crime, pursuing the interests, uses the possibilities given by the remedial legislation and realizes the rights. So, the inspector, exposing guilty in commission of crime, pursues public interest while the person involved in a criminal liability, trying to avoid punishment, pursues private interest. Quite often, aspiring to achieve the object, the party of protection and accomplices on criminal activity applies illegal methods to avoid responsibility for the committed crime. To investigation and working out of measures on neutralization of illegal counteraction to investigation the given article is devoted questions of scientific studying of illegal counteraction.

The article discusses the modern private method of investigating theft by abuse of authority. Its elaboration on the basis of the forensic characteristics does not allow in the process of investigation to fully reveal the content of material elements of the structure of perfect theft of this type. This allowed us to conclude that the criminalistic presentation of these crimes is insufficient. According to the author, the basis of the forensic characteristics of theft through abuse of
authority, should be knowledge of the general elements of their material structure. In the future, information about the elements of the material structure, as a result of the description of their features, should be one of the main parts of the criminalistic characteristics of the crime. Knowledge of the elements of the material structure of the crime, combined with their forensic characteristics, provide a solid forensic basis for constructing private methods for investigating thefts through abuse of authority.

The article analyzes the narrow-normative approach to the law of M. I. Baytin as a direction of legal positivism. The paper considers different views on the right of supporters of the «broad» and «narrow» approaches. The author considers the narrow-normative approach to the law as a paradigm that has its own content. The article argues that the modern normative approach to the law has played a historically positive role in solving a number of doctrinal and practical problems. The article shows the value and ontological foundations of normativism in the domestic theory of state and law. The author presents for discussion the issues that will contribute to the understanding of the essence of modern law and its methodology. The methodological perspectives of the system approach within the framework of the normative understanding of the law are pointed out. The article draws attention to the characteristics of the conceptual and categorical apparatus within the framework of the normative understanding of the law of M. I. Baytin. The conducted research allows to draw a conclusion about a number of distinctive features of the narrow-normative approach as a kind of legal positivism.

The article analyses the effectiveness of the use of such an institution of electoral law as a «mobile voter» (voter voting by location, not by place of residence or place of stay) during the presidential elections of the Russian Federation on March 18, 2018 in comparison with the use of the institution of issuing absentee certificates in the election of the President of the Russian Federation in 2008 and 2012. The results of the above-mentioned election campaigns are compared, the significance of the «mobile voter» institution is determined as one of the guarantees for the realization of citizens' voting rights, and the advantages and disadvantages of institutions are revealed. The article concludes about the success of the introduction of the «mobile voter» institute, the increase in the number of voters who voted not at their place of permanent residence, as well as the importance of this institution for ensuring active electoral rights of citizens.

The article is devoted to the consideration of features of appeal in the appeal procedure of decisions of courts with participation of jurors. The trial by jury is a special form of legal proceedings, which involves the presence of increased guarantees of respect for the rights of citizens, as well as a fair sentence. Proceedings before the court of appeal also carry democratic principles of justice. However, the combination of a jury trial and an appellate procedure for appealing its decisions is causing heated debate in science and in practice. This procedure involves a full review of the criminal case by the court of appeal, but it does not provide for the participation of citizens, so the positive effect of such a procedure is rather doubtful. Moreover, interested participants in criminal proceedings are significantly limited in their legal capacity to appeal decisions of courts with the participation of jurors. It is obvious that it is necessary to make significant adjustments to the legislation to optimize the procedure for reviewing decisions of courts with the participation of jurors.