Vol 8, No 2 (2022)

В связи с 300-летием российской прокуратуры, исполняющимся в 2022 году, и на основании Указа Президента РФ от 24.03.2021 № 163 «О праздновании 300-летия прокуратуры России» по всей стране проведены ряд мероприятий, посвященных этой знаменательной дате. В Самарской области праздник отмечен успешным проведением 20 мая 2022 года в Самарском национальном исследовательском университете имени академика С. П. Королева Всероссийской научно-практической конференции «Защита прав органами прокуратуры (к 300-летию российской прокуратуры)», организованной юридическим институтом Самарского университета, прокуратурой Самарской области, министерством образования и науки Самарской области, Самарским региональным отделением общероссийской общественной организации «Ассоциация юристов России».

This article presents a philosophical and legal study of the relationship between legal activity and legal reality, their definitions are formulated. The author illustrates theoretical and methodological aspects of interpretation of these categories. The analysis of the combination of legal reality, as well as legal memory, legal awareness, etc. is carried out. Theoretical and legal significance of the categories under consideration for the legal doctrine is determined.

The article provides a comprehensive analysis of legal regulation in the medical field, reveals the features of legal regime of medical services, defines the relationship between the concepts of «medical care» and «medical service». The author characterizes the legal and factual basis for the provision of medical services, identifies the problem of legal nature of the contract for the provision of medical services, and proves the need to strengthen the role of the contractual structure in the framework of receiving medical care under the compulsory medical insurance program. The article substantiates the need to differentiate the rights and obligations of the participants in relations that form their legal status in the healthcare sector in order to more clearly form the content of contractual obligation to provide medical services.

The article presents an analysis of the corpus delicti under Article 240.1 of the Criminal Code of the Russian Federation, as well as the practice of applying the criminal law norm that establishes liability for obtaining sexual services from a minor. Based on the views available in the science of criminal law and law enforcement practice, the concept of the object of this kind of crime is formulated. The existence of an additional direct object is argued in theory, as well as the need to recognize a minor who provides sexual services as a victim of this crime. Special attention is paid to the problematic aspects of interpretation of certain terms («receipt», «any other consideration»), and to the qualification difficulties that arise in practice. Through lexico-grammatical analysis, the idea of the mixed nature of “any other consideration” is justified. The article reveals the features of the subjective side of the crime. A critical analysis of the ways offered by science to modernize the norm under consideration is given. The authors have made proposals to improve the legal and technical condition of Article 240.1 of the Criminal Code of the Russian Federation.

This article is the result of a comprehensive study of the crisis situation, its concepts and types in relation to the penal system. The relevance of the article is due to the fact that the institutions of the penal enforcement system actively use a large amount of diverse conceptual apparatus associated with the introduction of a regime of special conditions in the event of natural, man-made or criminal situations, which significantly complicates the possibility of assessing the onset of negative consequences from their occurrence and the need to attract additional forces and funds of federal executive authorities. The purpose of the publication is to define the concept of crisis situations in relation to the penal system based on the analysis of the conceptual apparatus used in penitentiary institutions for the prevention and overcoming of crisis situations. The article uses such general scientific research methods as generalization, analysis and synthesis, concretization. As a result of the analysis of the legislative framework and the opinions of scientists, the main types of crisis situations of a criminal, natural or man-made nature have been identified. The author believes that the legislative consolidation of the concept of a crisis situation will improve the legislative framework and regulate issues of interaction between the Federal Penitentiary Service of Russia and other federal executive authorities in these situations.

The article examines the importance of the institution of legal encouragement in improving the effectiveness of criminal procedural activities as an effective legal instrument. Analyzing the essence of efficiency in criminal proceedings, the author notes that the interest of society and the individual stems from social needs based on basic values, including those transmitted by the state. One of the value orientations can be considered the request of society for the effective implementation by the state of its public administrative function, ensuring the protection of the rights and freedoms of every citizen involved in criminal proceedings. The author comes to the conclusion that each of the participants in the criminal procedural relations has its own need arising from the legitimate interest provided for by the criminal procedural legislation. In this case, the institution of legal encouragement is one of the universal ways to achieve mutual benefit and efficiency of criminal procedural activities.

The fall of 2021 in European football was marked by a pause in the Super League case: the Union of European Football Associations stopped disciplinary proceedings against the three clubs remaining in the status of organizers, and also canceled all mandatory payments to the confederation from the clubs that left the project. In a previous article, we looked at the UEFA Statutes and the UEFA Licensing and Financial Fair Play Regulations as possible sources of regulation that would have been violated by the emergence of new competition. However, the existence of UEFA regulation preventing the proliferation of organizers of football events on a European scale met with a possible obstacle from the economic-competitive guarantees provided in the provisions of the Treaty on the Functioning of the European Union. At the moment, UEFA is preparing to consider the dispute in the instances of European justice. One of the key arguments on the part of UEFA may be the violation by the Super League organizing clubs of the principle of the integrity of the competition (the integrity of sports). This will additionally update the meaning of the principle for sports justice. However, UEFA’s chances of a successful application of the principle seem low: this principle is too elastic and subjective, although it has been featured in the normative regulation of sports for a long time. In the present study, the author has analyzed all the disputes before the Court of Arbitration for Sport (CAS) in which the principle of the integrity of sporting events was declared. The conclusions made confirm the complexity of a convincing appeal to the principle of any sports subject.

The relevance of the chosen topic of the article is due to the lack of scientific research in the field of legal regulation of the operation of oil and gas pipelines. The article states that the legislation of the Russian Federation does not provide the concept of oil and gas pipelines. In the course of the study, the features of pipelines were identified and analyzed, which made it possible to give an appropriate legal definition of oil and gas pipelines. Also, the classification of pipelines was carried out in order to determine the place of oil and gas pipelines in the system of legal regulation. Taking into account the above pipelines classifications, an analysis of regulatory sources containing norms governing the operation of oil and gas fields was carried out, as a result of which their imperfection and insufficiency in relation to field and on-site pipelines was ascertained.

This article examines the methods of obtaining the testimony of a witness located on the territory of another state. The author analyzes the importance of witness testimony in the field of proof, as well as what difficulties may arise in the course of their implementation. The essence and mechanism of the application of international legal assistance is noted when it is necessary to interrogate a witness located abroad, including options for notifying such witnesses through a diplomatic, special or direct method. In this case, the interrogation of a witness by a foreign court or other competent authority on the territory of a State is carried out when a court of one state applies to a court of another state with such a request. In addition, the parties or the witness himself have the right to apply to a notary both in the Russian Federation and abroad as part of the issue of securing evidence. The possibility of the witness’s participation in the trial using information technology, namely videoconferencing and web conference, is being considered.

The article examines the novelties of the draft federal law of the Russian Federation № 40361-8 «On the general principles of the organization of local self-government in a unified system of public authority». In the course of the analysis, the author notes the positive changes laid down in the draft law, for example, the refusal to form a representative body of a municipality through delegation, in favor of direct elections. It is emphasized that the local level of government is the most accessible and close to the majority of the population, and the replacement of direct elections with indirect procedures, such as delegation, when forming a representative body of local self-government, leads to the alienation of local residents from solving issues of local importance. The question is raised about the validity of the introduction of a single-level system of organization of local self-government by the draft law in the context of geographical accessibility of local self-government bodies and the possibility of the population of remote territories to participate in the formation of local self-government bodies. The author predicts that such a system is difficult to adapt to the conditions of the peculiarities of population settlement in the territory of the Russian Federation. In the author’s opinion, there is a negative tendency to strengthen the state vertical of power, which contradicts the democratic foundations of the state structure of the Russian Federation, enshrined in Article 12 of the Constitution.