Juridical Journal of Samara University

This article examines little-known and insufficiently studied events and legal facts related to each other and preceding the entry of the Russian peacekeeping contingent into Transnistria. Recently, especially with the election of M. Sandu as President of Moldova, anti-Russian rhetoric, various attacks and actions by the public authorities of the Republic of Moldova towards public authorities, non-governmental bodies and citizens of the Russian Federation have sharply intensified. The Russian peacekeepers stationed in Transnistria are also the object of such rhetoric. In Moldova, they demand the withdrawal of peacekeepers, while it is claimed that Russian servicemen are allegedly illegally on the territory of Moldova. The purpose of the study is to clarify the historical and legal prerequisites that were the basis for the entry of Russian peacekeepers into the military conflict zone on the territory of the Republic of Moldova, as well as the interpretation of the normative act regulating the legal status of Russian peacekeepers stationed in the territory of Transnistria. The subject of the study was the legal actions and facts that led to the need to introduce peacekeepers into the zone of military conflict, scientific publications on the subject under study. The research uses general scientific and special research methods: systematic, historical, dialectical, logical, analysis and synthesis, induction and deduction, interpretation, comparative law. The results of the study led to the conclusion that the requirements for the withdrawal of Russian peacekeepers contradict the norms of the act in accordance with which they were introduced.

The article examines the problem of ensuring the protection of personalized medical information in the context of the introduction of experimental legal regimes in the field of digital innovation. The work presents the view of researchers and provides a detailed author’s analysis of the terms used in the designated area: «special legal regime», «legal experiment», «digital innovation». A statistical analysis of initiative proposals for introducing experimental legal regimes in the Russian Federation was carried out. The author examined the key provisions of the programs of experimental legal regimes in the field of medical activity and compared their content with the requirements of general regulation. As a result of the study, the author came to the conclusion that despite the fact that the protection of personalized medical information is not the main task of the introduced experimental legal regimes, in many ways, within the framework of their regulations, this task is solved more consistently than within the framework of general legislation. At the same time, a number of provisions of experimental legal regimes create risks of unauthorized access to protected information, which requires the development of additional guarantees of patients’ rights.

This article examines the problem of the increasingly common qualification of the cartel in the statements of claim of the prosecutor as transactions subject to recognition as null and void. Since such a qualification leads to significant property penalties, its confirmation or refutation is of an important practical nature. The problem is considered through the prism of the doctrine and practice of the Supreme Court of the Russian Federation and other courts. According to the author, the qualification of the cartel, defined by the legislator as an offense, in the transaction, is artificial in nature, and has no legal basis. The Civil Code of the Russian Federation does not provide for such a transaction as a cartel, and since the cartel is a violation of the prohibition established in the antimonopoly legislation, the rule of the Civil Code of the Russian Federation on the admissibility of transactions not provided for by law does not apply to it. The author believes that the function of the prosecutor’s office should not include replenishment of the budget. The appearance of such a function may cause deviations from the rule of law.

The inevitability of punishment is the main condition for ensuring the effectiveness of its implementation. Institute of Responsibility persons evading serving criminal sentences, is intersectoral and represents a special legal form of response of the state, represented by authorized bodies and officials, to the behavior of convicts that does not meet established requirements. The core of this institution is the provisions of penal legislation. In the article, the author analyzes the legal consequences of persons evading serving sentences not related to isolation from society. The research objectives were: differentiation of types of legal liability for evasion from serving sentences, consideration of signs characteristic of malicious evasion from serving sentences not related to isolation from society, as well as analysis of judicial practice on these issues. Based on the results of the study, the author proposes a classification of convicts evading serving sentences, identifying signs of malicious evasion from serving sentences not associated with isolation from society, which vary depending on the type of punishment in question. The idea of the need to exclude the evaluative position of the courts when establishing the fact of malicious evasion of a convicted person from serving a sentence is substantiated, and it is also determined that replacing the unserved part of the sentence with a more severe one and adding restrictions previously established by the court are special types of criminal liability.

The article identifies the most probable reasons that influenced the predetermined absence of a clear normative distinction between components of criminal procedural proof that differ in meaning and purpose: collection of evidence and examination of evidence. These reasons are primarily associated with the shortcomings and tendency to improperly interpret some well-known provisions of the theory of investigative actions developed by Professor S.A. Shafer, which is supported by many procedural scientists. This theory understands investigative actions as the main and virtually uncontested methods of accumulating evidence, which should be used to establish circumstances that are significant for a criminal case. In particular, it is noted that the scientist and his associates ignore other methods of working with evidence that are more predisposed to understanding the differences between collecting and examining evidence. In this regard, prospects for new scientific research are predicted, which will be aimed at examining the essence, subjects, forms and methods of examining evidence, identifying clearer and more understandable criteria for distinguishing it from other components of proof, primarily from checking the collection and evidence.

In the article, the author analyzes the norms of the Criminal Procedure legislation of the Russian Federation and the Republic of Kazakhstan, which provide for several procedural forms of completion of the preliminary investigation in a criminal case. The structure of the end of the preliminary investigation in the legislation of the two countries is compared. As part of the comparison, similar and distinct features of this procedure have been established. Attention is drawn to the fact that the investigator under the CPC of the Republic of Kazakhstan draws up another act completing his activities on the investigation of a criminal case – a report on the completion of a pre-trial investigation, and the indictment, as a kind of analogue of the indictment drawn up in accordance with the requirements of Article 220 of the CPC of the Russian Federation, is prepared and signed by the prosecutor in the Republic of Kazakhstan. The CPC of the Republic of Kazakhstan revealed an obvious lack of legal regulation of both the report on the completion of the pre-trial investigation and the indictment – the lack of need to disclose the contents of the indictment evidence in these acts, as well as the indication of evidence by the defense. Such legal regulation does not allow the principle of competition to be fully implemented in the criminal procedure legislation of the Republic of Kazakhstan and to ensure the right of the  accused to protection.

The presented article examines the current problems and directions for development of the legal regulation policy of Arctic Region states policy in the Arctic area, which represents a macro-region of geopolitical, defense, economic, environmental, legal and scientific interests. The purpose of the study is to analyze the main features and problems of the political, legal and economic regime of the Arctic, which are directly influenced by the national interests of the Arctic states, including the Russian Federation. The authors consider an influence of national interests of the Arctic states on legal regime in the Arctic area, and also study the features of policies of these countries in the Arctic zone. Particular attention is paid to policies and strategic interests of the Russian Federation in this region, which determine national and international legal regulation. One of the main problematic issues is to simultaneously ensure compliance with national interests of the Arctic states and mutually beneficial international cooperation between them. The Arctic is a region of strategic interests, but in recent years it has become a region of confrontation and rivalry. There is an unconstructive policy of a number of Arctic states regarding participation and compliance with the interests of the Russian Federation in international institutions and organizations. Reasonable agreements and compromises are needed that take into account the interests of our country, as stated in international agreements, which should ensure the absence of disputes and conflicts in development of the Arctic.

In the light of the intensive development of advanced forms of economic cooperation and Russia’s active participation in this process, the issue of determining the place of European Union law in international law is becoming relevant again. At the same time as the global integration processes are gaining momentum, another crisis of identification of EU law in the system of international law is taking place. The article examines the relationship between EU law and public international law on the basis of pluralistic and constitutional approaches. The problem of the autonomy of the EUlegal order is revealed. The model of European integration is critically evaluated as promising and acceptable for modern forms of economic cooperation. The article uses such general scientific research methods as generalization, analysis and synthesis, and concretization. As a result of the analysis, the author comes to the conclusion that at the present stage of the development of the integration process, the EU member states have lost control over the established institutions.