Статьи

Principles of civil procedural law: concept, classification and development trends

Isaenkova O.V.

Abstract

the article deals with topical issues of the principles of civil procedural law, where the author analyzes the concept, essence and legal nature of the principles of civil procedural law, as well as the classification of the principles of civil procedural law. Separately, the characteristics of the general and special principles of civil procedural law and the prospect of development are singled out, it is proposed to put forward and implement the principles of individual institutions of civil procedural law, since with their help it is possible to improve and develop certain areas of civil justice, which, of course, will generally positively affect the quality of justice.

Juridical Analytical Journal. 2022;17(2):7-23
pages 7-23 views

On the system for ensuring the rights of participants in criminal proceedings

Kachalova L.М.

Abstract

Тhe purpose of activities aimed at ensuring human rights in criminal proceedings is to create conditions for the possibility of protecting his legal interests, the implementation of guarantees of the rights of participants in the process, the restoration of violated rights and freedoms. Ensuring the rights of participants in criminal proceedings is carried out at each stage of criminal proceedings, at each stage with the application of the norms of Criminal Procedure law by carrying out procedural actions and making decisions provided for by the Criminal Procedure Law. The most important elements of the system of ensuring the rights of participants in criminal proceedings are, in the author’s opinion, subjects, object, object, mutually conditional rights and obligations of subjects, legal facts that are the basis for ensuring the relevant rights, as well as ways to ensure them. The content of the system of ensuring the rights of participants in criminal proceedings is the mutually conditional rights and obligations of subjects, as well as the procedural form of Criminal procedure proceedings, within which these rights and obligations are exercised in accordance with the procedure established by this Code. As a basis for the classification of ways to ensure the rights of participants in criminal proceedings, the subjects of ensuring the rights of participants in legal proceedings, their functional orientation, the stages of procedural activity at which rights are secured, the grounds for securing rights, the dependence of securing rights on the will of the participants in the process, the nature and scope of procedural actions to ensure rights, the need for an independent procedural decision on securing rights.

Juridical Analytical Journal. 2022;17(2):24-31
pages 24-31 views

Revisiting modern problems of storage of physical evidence in criminal proceedings

Yakovleva V.A.

Abstract

Тhe article deals with modern problems of storage of physical evidence in criminal cases. The lack of proper legal regulation in the Code of Criminal Procedure of the Russian Federation gave rise to many questions and discrepancies in law enforcement practice. An integral feature of the storage of physical evidence is the adoption of procedural measures for their physical preservation, as well as for ensuring the safety of the properties and features of an object (document) that form its procedural status. Accordingly, actions that do not have this feature should not be covered by the concept of storage of physical evidence. The storage of physical evidence with the materials of a criminal case is unreliable. As a result of the analysis of law enforcement practice, not isolated cases were identified when material evidence stored with the materials of the criminal case was lost. It is necessary to legally establish such a method of storing physical evidence as storing them in specially designated cells and establish the procedure for such storage and transfer for storage precisely in the provisions of the criminal procedure legislation. We consider it more correct to regulate the rules for storing material evidence in the Criminal Procedure Code of the Russian Federation, namely in criminal cases, which, ultimately, will affect the establishment of a uniform understanding and practical application of the rules for storing material evidence. Also, due attention should be paid to large-sized property, explosives and explosive devices, fuels and lubricants, valuables and vehicles. In preparing the article, the methods of comparative legal, logical and legal research, the dialectical method of cognition of social and legal reality were used.

Juridical Analytical Journal. 2022;17(2):32-41
pages 32-41 views

Nature of individual acts of public authorities and their functions in the mechanism of legal regulation

Smolina Y.M.

Abstract

the article examines the ontological prerequisites of individual regulation of public relations, analyzes the advantages and disadvantages of normative and non-normative regulation. The signs of individual legal acts are revealed, their nature is revealed, the functions of individual acts of public authorities in the mechanism of legal regulation of public relations are substantiated. The author’s definition of the concept of individual acts of public authorities is given. Relevant judicial practice is analyzed.

Juridical Analytical Journal. 2022;17(2):42-50
pages 42-50 views

Principles of enforcement proceedings and their practical application in case of gaps in the regulation of enforcement relations

Demina V.V.

Abstract

the article discusses the current, “non-traditional” principles of enforcement proceedings as a means of eliminating gaps in the regulation of legal relations arising during the execution of court decisions and other acts. The author analyzes the general characteristics of the principles of enforcement proceedings, defines the concept, essence and meaning of the principles of enforcement proceedings. The principles of legality and the rule of law, the principles of equality, expediency and justice, as well as specific principles of enforcement proceedings are separately investigated. The proposals for improving the current legislation in the field of enforcement proceedings within the framework of education, functioning and development of the principles of enforcement proceedings are outlined. The author in this work applies general scientific methods and private scientific methods, including a systematic research method used in determining the system of principles of enforcement proceedings, a functional method to establish the existence of specific rights and obligations of the recoverer and the debtor in the application of the principle of equality, etc.

Juridical Analytical Journal. 2022;17(2):51-75
pages 51-75 views

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