Vol 9, No 3 (2023)

Cover Page

Full Issue


All-Russian research and practical conference with international participation «Problems of ensuring individual rights and freedoms in the process of proof in a criminal case, dedicated to the anniversary of Doctor of Laws, Professor Valentina Aleksandrovna Lazareva»

Bezverkhov A.G., Yudin A.V., Savelyev K.A., Klimanova O.V.


21–22 апреля 2023 г. в Самарском университете состоялась организованная кафедрой уголовного процесса и криминалистики юридического института Всероссийская научно-практическая конференция с международным участием «Проблемы обеспечения прав и свобод личности в процессе доказывания по уголовному делу», посвященная юбилею доктора юридических наук, профессора Валентины Александровны Лазаревой.

Конференция имела успех в профессиональном сообществе России и зарубежных стран не случайно, в первую очередь благодаря масштабу личности юбиляра, ее выдающемуся вкладу в уголовно-процессуальную науку и активной педагогической деятельности.

Juridical Journal of Samara University. 2023;9(3):7-10
pages 7-10 views

Criminal procedure ≠ criminal justice

Lazareva V.A.


The article deals with current problems and possible options for the further development of criminal procedure law on the basis of an analysis of unity, differences and the ratio of pretrial and judicial stages of proceedings in a criminal case. Examining in historical context such categories as the purpose, tasks and destination of criminal procedure, the author comes to the conviction of the fallacy of the identification of the concepts of criminal procedure and criminal justice that has become familiar. Based on the functional purpose of the main (authority) subjects of criminal procedure, the forms of their interaction, the ratio of pretrial and judicial proceedings are determined. The conclusion is formulated on the need to move to differentiated regulation of the pretrial stage of the criminal process as a sphere of activity of the bodies of accusatory power (preliminary investigation) and judicial stages as an area of functioning of the judiciary. Awareness of the difference in goals and objectives solved during criminal proceedings by subjects of the prosecution and judicial authorities allows us to hypothesize about the need to differentiate the principles of criminal procedure in relation to each of its two parts. The proposed idea should help to solve the most significant problems of criminal procedure law.

Juridical Journal of Samara University. 2023;9(3):11-17
pages 11-17 views

On the excessive use of detention

Vershinina S.I.


Based on the statistical data on the use of preventive measures presented on the website of the Judicial Department at the Supreme Court of the Russian Federation, the article examines the reliability of allegations of excessive use of detention and insufficient use of non-isolation preventive measures. By comparing the indicators that reveal the total number of defendants whose criminal cases were sent to the court of first instance and the number of application of “judicial” preventive measures in pre-trial and trial proceedings, the number of persons against whom preventive measures not related to isolation were applied is determined and a conclusion is made on the sufficient use of preventive measures alternative to detention. Discussing the thesis about the excessive use of detention, the author focuses on the ratio of the number of convicts to actual imprisonment and the number of accused in custody. Allegations about the excessive use of detention are reliable only in cases where the number of accused in respect of whom a measure of restraint was applied exceeds the number of persons sentenced to real imprisonment.

Juridical Journal of Samara University. 2023;9(3):18-24
pages 18-24 views

Procedural rights of a lawyer in criminal proceedings and means of ensuring them

Gladysheva O.V.


Ensuring the rights of participants in criminal proceedings is the most important direction of the science of criminal procedure and the literature pays attention to a variety of aspects. The purpose of this study is to substantiate the hypothesis of the need to include lawyers in the number of participants in criminal proceedings, whose rights need no less degree of security than the rights and legitimate interests of persons directly interested in the outcome of the criminal case. No less important than ensuring rights is ensuring conditions for the proper performance of duties, which is demonstrated by the example of performing the functions of a lawyer to protect the principal from criminal prosecution. The conducted research is aimed at solving such tasks as revealing the essence and demonstrating the legal and social significance of the right to provide qualified legal assistance, identifying procedural problems accompanying the right to receive this assistance, and proposing individual ways to solve these problems. The research methodology includes traditional scientific methods of obtaining and processing data: dialectical, analytical, synthesized, comparative legal, systemic and system-functional. As a result of the study, theoretical conclusions were formulated about the natural relationship between the right to provide qualified legal assistance and the right to receive it, the content and nature of the lawyer’s procedural capabilities were clarified and the position on expanding the scope of procedural support was substantiated, not limited to the rights of participants in criminal proceedings, but extending it to the conditions of execution their assigned duties, Practical steps are also proposed to optimize the means of ensuring the procedural rights and duties of a lawyer in criminal proceedings.

Juridical Journal of Samara University. 2023;9(3):25-33
pages 25-33 views

Prosecutor and court: strategic balance

Zaitseva E.A.


The article deals with the discussion issue of the role of the prosecutor in judicial proceedings through the prism of the principle of adversarial parties and the main powers of the prosecutor’s office in the legal state. The conclusion is made about the inconsistency of the regulatory regulation of the supervisory powers of the prosecutor in relation to the preliminary investigation and inquiry bodies, which entails a different format of the behavior of prosecutors in forensic proceedings. The dual situation is critically assessed, when the prosecutor does not support the petition of the preliminary investigation authorities in court. The author analyzes the ways out of this situation, proposes to reformat the relationship of the prosecutor with the investigator, transferring the authority for procedural management of the inquiry from the prosecutor - the head of the inquiry unit. It will allow prosecutors to concentrate all the efforts on supervision of respecting the rule of law in pre-judicial criminal cases production, to change a role of the prosecutor in judicial and control procedures.

Juridical Journal of Samara University. 2023;9(3):34-39
pages 34-39 views

Paratus evidences in the criminal proceedings

Rossinskiy S.B.


The article summarizes the results of the author’s scientific research on the collection of evidence as one of the stages of criminal procedural proof. The author’s position is substantiated, suggesting partial disagreement with the well-known doctrinal postulate on the possibility of collecting evidence only through their formation, that is, through the production of investigative or other procedural actions provided for by the criminal procedure law. Attention is drawn to the impossibility of using mechanisms for generating evidence in relation to affixed, claimed or seized items and documents to be introduced into the criminal process as ready-made information products: material evidence, other documents, expert opinions, as well as the results of operational -search and administrative activities. It is proposed to call such evidence paratus and recognize them as full-fledged, having due legal force and suitable for use as intended means of proof by attaching them to the materials of criminal proceedings. At the same time, it is proposed to supplement the classification of criminal procedural evidence, providing for another reason that implies differentiation depending on the method of collection - to subdivide the evidence into formed and paratus.

Juridical Journal of Samara University. 2023;9(3):40-48
pages 40-48 views

Topical issues of proving in criminal cases with a pre-trial cooperation agreement

Shadrin V.S.


The article deals with problematic issues of criminal proceedings against persons with whom a pre-trial cooperation agreement is concluded. The implementation of the norms of the institute of a pre-trial cooperation agreement provided for in Chapter 40.1 of the Code of Criminal Procedure of the Russian Federation, in practice leads to the consideration by the court of criminal cases with a pre-trial agreement without examining the evidence of the prosecution, which gives rise to reasonable doubts about their legality, validity and fairness. Judges are limited in their ability to form a proper idea of the proof of the guilt of the accused person on the basis of their own inner conviction and are forced to rely on the conclusions of the preliminary investigation, which does not always turn out to be performed at a sufficiently satisfactory level due to the lack of incentive for investigators to create a sound and reliable evidence base for the prosecution in connection with the accused’s stated consent to the charge and the obligations assumed to assist the preliminary investigation authorities in uncovering crimes and exposing their accomplices. As a result, there is a real risk of conviction of innocent people, which is confirmed by examples from judicial practice. Provided for by part 7 of Article 316 of the Code of Criminal Procedure of the Russian Federation, the condition of the decision in a criminal case with a pre–trial cooperation agreement is «only if the judge comes to the conclusion that the accusation with which the defendant agreed is justified, confirmed by the evidence collected in the criminal case» exists only nominally, since appropriate means, due to the lack of the court’s ability to carry out a full-fledged judicial investigation, for this clearly not enough. As a result, the question arises about the expediency of existence of the institution of a pre-trial agreement, at least in the legal regulation that is currently provided for by the criminal procedure law.

Juridical Journal of Samara University. 2023;9(3):49-55
pages 49-55 views

History of law and state

Public legal regulation of technologies of virtual (augmented) reality

Volkov V.E.


The purpose of the article is the formation of approaches to the public law regulation of virtual and augmented reality technologies. The object of the study are the social relations that have developed in the field of public and legal recognition of modern digital technologies. The relevance of the study is determined by the need to bring the concept of legal regulation of information (digital) relations to the modern level of information technology. The work is done on the basis of a combination of general philosophical, general scientific and special methods of knowledge – historical analysis, formal method, as well as the method of comparative law. The author defines the features of virtual and augmented reality, which have public and legal significance. The analysis of possible directions of legal regulation of the Metaverse and the consequences of their impact on the implementation of values with constitutional recognition is carried out. The argumentation in favor of the combination of social and technical regulation of relations in the application of virtual and augmented reality technologies is offered.

Juridical Journal of Samara University. 2023;9(3):56-62
pages 56-62 views

About some trends in the development of air transport legislation

Dikanova T.A.


The article is devoted to the legal regulation of aviation industry. It is noted that a number of factors have led to changes in air legislation. Legislation has been improved in connection with the imposition of sanctions against the Russian Federation by unfriendly countries; in connection with the reform of monitoring and supervision. Over the years, efforts have been made to harmonize legislation. The changes were made especially actively in 2021–2023. Thus, the certification of developers and manufacturers of aircraft, unmanned aircraft systems and their elements, civil aircraft, engines, propellers, airworthiness issues, Maintenance and ground handling of aircraft. The changes also relate to the establishment of responsibilities of the Federal Air Transport Administration for the certification of the Armed Forces with the involvement of certification centers and testing laboratories; requirements for the approval of the Armed Forces to operation, to the certificate of airworthiness of the Armed Forces. The requirements for aviation specialists have been clarified, and new articles on the certification of members of the civil aircraft crew and civil aviation inspectors have been introduced. Monitoring of the application of new normative legal acts and their timely adjustment if necessary is required. Attention is drawn to the complexity of the laws adopted, in particular on unmanned aerial vehicles and on transport security. Further work is needed to improve air legislation.

Juridical Journal of Samara University. 2023;9(3):63-74
pages 63-74 views

Ethics and psychology of law-enforcement activity

Specificity of legal regulation of labor relations during partial mobilization

Protsevskiy V.A., Kiselev D.V.


This article examines the legal features of regulation of labor relations in the Russian Federation, caused by the partial mobilization in 2022. In the course of a special military operation on the territory of Ukraine there was a need for mobilization measures, which caused costs in the domestic economy. Mobilization of three hundred thousand able-bodied people could not but affect the legal regulation of labor relations. In this regard, the legislative authorities of the Russian Federation have adopted amendments and additions to the Labor Code. The purpose of the publication is to reveal the peculiarities of regulation of labor relations during the mobilization. The article uses such general scientific methods of research as generalization, analysis and concretization. On the basis of comparison and analysis of legal regulation of labor relations during mobilization in 1914, 1941 and 2022 the authors come to a conclusion about inevitability of new changes in the Russian legislation.

Juridical Journal of Samara University. 2023;9(3):75-80
pages 75-80 views

Constitutional law

Activities of internal affairs bodies in the process of detection and investigation of crimes committed with the use of information and communication technologies (on the example of cryptocurrency assets)

Farakhiev D.M.


This article discusses topical issues of the activities of employees of the internal affairs bodies in the process of disclosing and investigating crimes committed with cryptocurrency assets. In the process of global digitalization, society has switched to the use of information and telecommunication technologies in various spheres of life. The trend of using information and telecommunication technologies is gaining momentum in the illegal strata of society. Criminals are increasingly using innovative technologies to commit crimes. The study provides a comprehensive analysis of the concept and features of cryptocurrency, as well as the most common crimes that infringe on cryptocurrency assets and (or) are committed with their use. The effectiveness of the activities of internal affairs bodies in the process of detecting and investigating crimes committed using information and communication technologies (on the example of cryptocurrency assets) is based on organizational forms of interaction between departments of internal affairs bodies. In conclusion, an algorithm of actions is proposed aimed at improving the efficiency of operational activities in the fight against the illegal use of information and communication technologies, in particular, cryptocurrency assets.

Juridical Journal of Samara University. 2023;9(3):81-90
pages 81-90 views

Municipal law

Human rights: term, concept, legal and other aspects

Krivokapich B.D.


We encounter human rights at every step, whether it’s about their recognition and guarantee, about the means to ensure their realization, or about the violation of those rights. It is a legal institute of both national and international law, but it is also a phenomenon that has many other faces. In this regard, after giving a short presentation on the term and concept of human rights, the paper points out that, depending on the context, human rights mean different matters, such as a special «concept» (the idea that there are certain human rights, which are inalienable and independent of the will of the state); basic legally protected human rights; specific legal solutions; situation in practice; clearly defining the human rights of certain beneficiaries; human rights law as a branch of law, especially international law; etc. Noting that human rights can be understood in various ways, the author gives their narrow definition, according to which it is a set of certain entitlements and privileges that are recognized to each human being or members of a certain category of people (a group and its members) that as such enjoy special legal protection. After considering various dimensions of human rights (philosophical, ideological, political, economic, etc.), the author emphasizes that the most important is the legal dimension, because human rights are inseparable from law as a social phenomenon, i.e. a normative order (objective law) while at the same time they represent legally protected interests of individuals and groups (subjective law). Taking a closer look, law defines: what are human rights, which rights are legally protected and what is their content, who are the enjoyers of certain rights, who are the bearers of legal obligations, what are the mechanisms for realizing the guaranteed rights, which are the mechanisms of supervision over how established solutions are implemented, and other issues, such as the procedure and method of correction of established violations of human rights, punishment for violation of human rights, etc. Seen from another angle, the role of law is reflected in: 1) norming (legal regulation); 2) creation of conditions and mechanisms for the realization of human rights; 3) supervision over the implementation of established solutions and, if necessary, making the necessary corrections; 4) ensuring satisfaction in the sense of creating conditions for compensation of material and moral damage and realization of those solutions and 5) punishment for violation of human rights. An integral part of the legal dimension should also be the undertaking of normative, organizational and functional efforts to prevent the abuse of human rights.

Juridical Journal of Samara University. 2023;9(3):91-98
pages 91-98 views

Tribune of young scientist

Return of supplementary investigation

Leonova E.V.


More than 20 years have passed since the entry into force of the Criminal Procedure Code of the Russian Federation. During this time, a huge experience of its application has been accumulated, which allows us to reasonably judge the advantages and disadvantages of legal regulation of criminal procedural activity. A large number of changes made during this time to the criminal procedure law indicates a desire to eliminate the shortcomings made during the creation of the Criminal Procedure Code of the Russian Federation, to further improve criminal procedure law. The solution of these tasks, however, is impossible without a critical analysis and rethinking of both previously existing and currently used procedural institutions, including the institution of returning a criminal case from the judicial stages to the pre-trial stage that preceded them. Therefore, the author has chosen as the main method of historical research of the regulatory framework and law enforcement practice, according to which he considers the historical prerequisites for the abolition of the institute of additional investigation at the end of the XX century as a tool for correcting investigative errors, as well as the role of the Constitutional Court of the Russian Federation in the liquidation of this institution and its subsequent revival. Judicial practice is also analyzed, which testifies to the use of the institution of returning criminal cases to the prosecutor not only in order to make up for the incompleteness of the preliminary investigation, but also to worsen the situation of the accused by charging him with committing a more serious crime after the court returns the criminal case. The analysis of the law and the practice of its application allow us to reasonably assert the gradual transformation of Article 237 of the Criminal Procedure Code of the Russian Federation from a way of removing obstacles to the judicial review of a criminal case and making a lawful procedural decision into a way of filling gaps in accusatory evidence and correcting deficiencies in the formulation of charges, which according to Article 252 of the Criminal Procedure Code of the Russian Federation should determine limits of judicial proceedings. As a result of the conducted research, the article concludes that the current version of Article 237 of the Criminal Procedure Code of the Russian Federation and its application in practice contradict the principles of criminal procedure, such as the independence of the court, the adversarial nature and equality of the parties, the presumption of innocence, as well as the purpose of criminal proceedings.

Juridical Journal of Samara University. 2023;9(3):99-105
pages 99-105 views

Digital crimes: concept, typology, signs

Perina A.S.


The article is devoted to the analysis of theoretical provisions on the concept of crimes committed using computer, digital and other technologies. The study is an analysis of scientific approaches of scientists, the provisions of international documents, legislation of the Russian Federation to the terms that denote the criminal use of digital technologies in the commission of crimes. In addition, the article contains approaches to the typology of the group of crimes under consideration. The author focuses on the lack of a single concept that reflects the essence of crimes committed using modern technologies in the analyzed legal acts and the theory of criminal law. The article as a result of the research contains an indication of the need to create and apply the generalizing concept of there is, since modern technologies are rapidly being incorporated into the mechanism of committing crimes. The author suggests the term «digital crimes» and designates its advantages. The article also contains signs of the specified group of crimes and the author’s typology of digital crimes.

Juridical Journal of Samara University. 2023;9(3):106-115
pages 106-115 views

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