Vol 6, No 4 (2020)

В 2020 году Юридическому институту Самарского университета (ранее – юридическому факультету Куйбышевского государственного университета, Самарского государственного университета, Самарского национального исследовательского университета имени академика С.П. Королева) исполнилось пятьдесят лет. Миссия Юридического института состоит в подготовке высокообразованных, конкурентоспособных специалистов в области права с фундаментальными правовыми знаниями, высокой культурой и нравственностью, способных понимать сущность и социальную значимость своей профессии, обладающих глубоким уважением к закону, ценностям правового государства, профессиональной этикой, чувством долга и ответственностью за судьбы людей, обеспечивающими решение приоритетных задач социально-экономического, политического и культурного развития Самарского региона и Российской Федерации (в соответствии с существующими и перспективными потребностями российского общества и государства), а также в формировании и развитии в Самарском регионе научно-образовательного, инновационно-технологического и культурного центра права.

The article analyzes the characteristic features of kritarchy – a specific structure of society based on the power of the courts. Experts consider kritarchy primarily as a social or legal system, and some consider it a political regime. The author of the article attempted to study kritarchy as a form of state, a set of political and legal components (methods of organization of higher authorities, territorial structure of power, ways of its implementation) that can replace the usual forms of state in traditional societies. Kritarchy is considered a historical form of social and state structure that is not found today. Nevertheless, Somalia from the late 1980-ies to the present day, according to the author, is a modern example of kritarchy. In a weak, «failed state», Somali society returned to a traditional way of life that created the basis for kritarchy. The author analyzes the courts as a substitute for the standard system of government, Somali law (a synthesis of customary and Islamic law) as an analog of standard legal systems, it demonstrates the viability of kritarchy as a form of state in the absence of traditions of usual forms of state in society.

The article considers the prerequisites for the implementation, nature and significance of institutional measures to counter corruption at the local government level in Russia during the reforms of the 50-ies of the XVI century. The problems of evolutionary development or deliberated formation of new ways of combining public and private interests at the local level, interchangeability and complementarity of different forms of state administration, regional and local self-government are put. The article shows that in the search for ways to counteract abuse by vicegerent, the Central government gives wide powers to the bodies of local self-government. But the state will be able to completely abandon the vicegerent system only by the beginning of the XVII century. In turn, corruption costs were also evident in the activities of local authorities, which forces the state to create additional internal institutional mechanisms, and to impose anti-corruption expectations on new bureaucratic bodies – voivodes, which were becoming a local continuation of the prikaz system.

The article is devoted to digital design objects. The author analyzes the features of design objects, examines the influence of digital technologies on the creation of design objects. It is suggested to enter the sign of originality for design objects as for works of art. Digital technologies give an impulse and a different meaning to design objects. The designer combines various types of technologies using digital technology. Thus, the originality of the design product will consist of different components: user perception of the object, convenience, fashion, design of creative use and processing of information, and other interesting and convenient elements. Objects created by artifi cial intelligence technology are becoming popular in design. For objects created by artificial intelligence technology, the criterion of originality will be questioned, since in foreign practice (USA, England), the criterion of originality carries the author's personality, but the novelty can be easily determined by the machine. Hence, it is proposed to grant the author of the software product the exclusive right to the object created by the machine.

The right to free work and choice of activity is enshrined in the Constitution of the Russian Federation. At the same time, ensuring and protecting the labor rights of citizens is one of the main categories of the rule of law. The legislation of the Russian Federation regulating labor relations is aimed at encouraging a conscientious attitude to work for a long time, and one of these types of encouragement is the title «Veteran of labor». However, in practice, quite often there are certain difficulties that arise due to departmental and regional rulemaking. The article attempts to analyze the current situation based on judicial practice.

The article examines the criminal law principle of justice from the point of view of traditional philosophical thought, which assumes the division of the world into an ideal and material substance. As an example of the ideal substance of justice, the author suggests considering the moral world order, a particular manifestation of which should ideally be the constitutional system of a particular state. The material substance of justice, in the author's opinion, should be clearly refl ected in the norms of the criminal law. As a theoretical premise of the stated approach, the assumption is put forward that a person as a personal Creator and performer of law, passing through the idea of justice as a fundamental socio-philosophical, political and legal phenomenon, formulates the criminal law principle of justice. This approach plays an important methodological role in overcoming one-sided trends in the consideration of its nature and assumes its construction on the basis of a two-level structure that includes legislative and law enforcement elements. On the basis of the position put forward by the famous philosopher Thomas Aquinas on the requirements imposed on the law, analyzes the judicial practice and norms of the current criminal law for its compliance with the principle of justice. The thesis that its effective implementation is an indicator of the quality of the criminal law is substantiated.

The article analyzes domestic and foreign criminal legislation regulating the execution of punishment in the form of arrest. Scientific points of view regarding the issues of regulation and execution of arrest in Russia are evaluated. Modern problems of execution of arrest are defined and ways of their solution are offered. The author's position on the essence of the arrest and its distinctive features is given. The authors conclude that in modern Russia, one of the important aspects that contribute to the formation of the system of punishments is the internal and external economic conditions. It is argued that it is impractical to exclude arrest from the system of criminal penalties. The conclusion is made that the arrest is not executed, as it goes against the modern penal policy. Separate amendments to the criminal and penal enforcement legislation are proposed. It is argued that in modern conditions it is necessary to provide for the execution of punishment in the form of arrest in pre-trial detention centers.

The novelty lies in the author's assessment of the impact of international human rights standards and a fair trial procedure not only on the criminal justice itself, but also on the entire system of relations between the state and the individual, as well as in a critical analysis of clauses found in the literature on possible restrictions on the application of the European Court's practice on human rights in Russia. The aim of the work is to substantiate the unconditionally positive influence of international human rights and justice standards on the Russian criminal justice system and the relationship between the state, the individual and society. The objective is to demonstrate, using examples from the literature and practice of the European Court of Human Rights, the undoubtedly positive impact of the application in Russia of the European Convention for the Protection of Human Rights and Fundamental Freedoms and decisions of the European Court of Human Rights on Russian criminal justice and on all practical jurisprudence in Russia. The article uses the methods of system analysis and synthesis, comparative legal and historical methods. As a result, the author's conclusions about the inadmissibility and inappropriateness of limiting the operation on the territory of Russia of international human rights standards and fair trial procedures expressed in the European Convention and court decisions of the European Court have been substantiated. In conclusion, these brief conclusions are formulated.

The article draws attention to the fact that the Criminal Procedure Code of the Russian Federation provides for uniform grounds for applying preventive measures, and the circumstances taken into account do not contain clear selection criteria. This implies the discretion of the competent persons when making a procedural decision, and, ultimately, allows you to raise the question of «fairness of preventive measures». The author points out that the choice of a fair measure of restraint is preceded by the identification of the limits of coercion that meet the requirement of «proportionality of procedural restrictions to the threatened punishment». The material and legal conditions for applying certain preventive measures are analyzed. It is concluded that the decision on the measure of influence should be made taking into account the requirement of «economy of compulsion», which should not be absolutized.

The novelty of the article is determined by the comparative analysis of the institutions of appeal, cassation and supervisory review of cases in various branches of judicial law. The purpose of this analysis is to identify general trends in the regulation of the right of appeal, appeal of interim judicial acts, the terms of appeal, the procedure for consideration and powers of the court in verification instances, the grounds for revoking judicial acts in criminal, arbitration, civil and administrative proceedings. The task was to identify unjustified differences between similar rules of procedural branches and choose the best version of regulatory regulation. The article uses methods of system analysis and synthesis, comparative legal method. As a result of the study, the unified legal model of reviews for all procedural branches was confirmed, and shortcomings of its implementation in criminal proceedings were established. In conclusion, there is evidence that the identified shortcomings significantly reduce the overall quality of justice in criminal case reviews in comparison with their counterparts in other branches of law.

In the Russian legal system, the understanding that justice should be not only timely, but also fast enough has matured for a long time. The delay in the investigation of a criminal case and its consideration by the court allows the guilty to avoid the deserved punishment in some cases, which calls into question the principle of inevitability of punishment on the one hand, and hinders the right to access justice, on the other hand. The term «reasonable time for legal proceedings» has emerged as a requirement of international law to be tried without undue delay. The right to a reasonable period of criminal proceedings is regulated by Article 6.1 of the Code of Criminal Procedure of the Russian Federation, but this norm is not fully implemented to date, as evidenced by the decisions of the European court of human rights issued on complaints of violation by the Russian Federation of the provisions of the European Convention for the protection of human rights and fundamental freedoms. At the same time, the available research considers the requirement of reasonable terms in criminal proceedings from the standpoint of criminal procedure law, which is not fully justified. The article attempts to consider the problematic issues of reasonable terms of criminal proceedings from the perspective of criminology, as a science that has incorporated theoretical and practical issues of fighting crime, as well as the problems of criminalistic criteria in criminal proceedings.

In the article, the authors address the problem of improper provision of medical care by medical professionals. The authors highlight the issues of conducting forensic medical examination in cases where medical care is provided improperly. The concept and an approximate list of objects to be considered by the expert commission in cases of improper medical care is given. The stages of conducting a forensic medical examination for this type of crime are described. The article highlights the most important points in the appointment of such examinations.

This article discusses the legislation of anti-Soviet state entities in the field of taxes, in particular, the government of A.V. Kolchak. Particular attention is paid to the subsequent implementation of regulatory acts in the field of tax regulation in Western Siberia. The features of the tax policy of the Kolchak’s government in the conditions of revolution and civil war are described considering the previous events of the Soviet authorities. The restoration of the tax system is being investigated. The types of direct and indirect taxes, such as corporate income tax, commercial tax, excise taxes on alcohol and tobacco products, income tax, entertainment tax, are examined in detail. The impact of tax policy of A. V. Kolchak to other anti-Soviet governments that acted on the territory of Russia in 1917–1921, and to some extent to the tax policy of the Soviet government after the defeat of the white movement is estimated. The author assumes and argues the lack of effectiveness of the tax policy of the white A. V. Kolchak’s government, which was one of the reasons for his defeat.

The author of the article uses historical and comparative legal research methods and studies the term «criminal prosecution». The term criminal prosecution is compared with other similar concepts in the article. The author examines the historical process of formation of this concept. The author of the article will outline the content of the discussion about the term criminal prosecution. The modern definition of this term is not correct in the criminal procedure law of the Russian Federation. The author proposes a new definition of the term. Criminal prosecution is the procedural activity of the prosecution in order to expose a person of committing an act prohibited by the criminal law.