Vol 19, No 1 (2024)
- Year: 2024
- Articles: 6
- URL: https://journals.ssau.ru/yuazh/issue/view/669
Full Issue
Статьи
Problems of state prosecutor’s refusal to prosecute and ways to overcome them
Abstract
The article deals with the debatable issues of maintaining and refusing to maintain public prosecution in court. The influence of the prosecutor’s decision to drop the charge on the position of the court is noted, attention is drawn to the problem of ensuring the independence of the court in case of the prosecutor’s refusal to uphold the charge. The problem of ensuring the rights of the victim in case of prosecutor’s refusal to prosecute is disclosed in detail, various ways of its solution proposed by the theory of criminal procedure are analyzed, including such ways as introduction of the institute of subsidiary prosecution in criminal proceedings, replacement of the state prosecutor, compensation payments to the victim in case of termination of the criminal case in connection with the prosecutor’s refusal to prosecute. The shortcomings of each of the proposed ways to ensure the rights of the victim in case of prosecutor’s refusal to prosecute dictate the need to further study this issue, relying, among other things, on foreign experience.
7-14
Problems and prospects of the use of digital technology in criminal proceedings of the Russian Federation
Abstract
Criminal proceedings are changing under the influence of digitalization no less than other public spheres and legal sectors. Digital technologies spontaneously penetrate into criminal proceedings and gradually receive legislative registration, in many respects fragmentary and contradictory. Meanwhile, foreign countries are accumulating experience of the use of digital technology in criminal proceedings significantly ahead of the curve. Some of them have already allowed their more active use. However, foreign experience in this direction is not sufficiently comprehended and mastered by the Russian legislator. Arbitrary digitalization of criminal proceedings, without taking into account their nature and intrinsic characteristics, increases the risk of judicial and investigative errors, unfair resolution of the case and human rights violations. The article considers the main directions for the introduction of digital technology in pre-trial and trial in criminal cases. The prospects of transition to digital criminal proceedings are evaluated, the problems of this process are identified, proposals for their levelling and overcoming are formulated.
15-25
Current issues of foreclosure on the debtor’s income in enforcement proceedings
Abstract
The Federal Law “On Enforcement Proceedings” establishes that one of the measures of enforcement is the procedure for foreclosing on the debtor’s income. At the same time, there is no legal
concept of debtor’s income in the law, the procedure for foreclosing on non-monetary income is not defined, there is no definition of “executive immunity”. It is obvious that in this part the executive legislation needs to be improved.
26-31
Fictitiousness and invalidity of employment contract: there is judicial practice, there is no law
Abstract
development of the branch of labor legislation in the Russian Federation in a number of areas looks quite conservative, due to the high «social sensitivity» of the relevant branch of legislation, especially in those areas that may negatively affect the employee's side. Apparently, for this reason, to date, the legislator has not proposed a well-developed legal structure for recognizing an employment contract as fictitious or invalid. At the same time, the needs of law enforcement reflected in judicial practice show that a certain set of legal disputes is accumulating in this area, in which recognition of a fictitious or invalid employment contract looks like a completely reasonable way to resolve legal conflicts. Within the framework of this article, the author aims to continue the discussion of theorists and practitioners regarding the prospects for legalizing the institution of fictitiousness and invalidity of labor dogmas.
32-38
Risk-based approach as a methodological basis for public legal regulation of guarantees for the protection of personalized medical information
Abstract
The article deals with the problems of ensuring the effective functioning of the regime for protecting personalized medical information of patients in the context of the development and implementation of information technologies in medical activities. As a theoretical basis, the author used the concept of “medical confidentiality”, through the formal legal method of scientific knowledge, established the relationship and interconnection of this concept with the concepts of “personalized accounting”, “personalized medical information” and concluded that it is necessary to extend the regime of protection of medical confidentiality to all data , subject to personalized medical registration. The author notes that along with the advantages arising from the use of information technologies, subjects of medical legal relations face new risks. Based on the use of methods of analysis, synthesis and classification, the author identified three main risks: unauthorized access to personalized medical information; its illegal use and distribution; distortion of objective personalized medical information. It was concluded that these risks are caused by both human and technical factors. The author points out that excessive interference in medical legal relations can negatively affect the development of this industry, which necessitates the development of a methodological basis for legal regulation that would allow targeted, but at the same time systematically leveling the risks of violation of the information rights of citizens within the framework of medical activities. As such a basis, the author proposes to use a risk-oriented approach based on risk prioritization. Using this approach, the author ranked the risks and presented a program for possible legal regulation of the area under study, aimed at their consistent prevention.
39-46
International legal regulation of the banking sector under sanctions
Abstract
In conditions of increased sanctions pressure, the banking system of the Russian Federation needs clear legal regulation. In this regard, the question arises about the application of international banking law, as well as the development of national anti-sanction measures. The authors examine the current international treaties of the Russian Federation, the country's participation in international economic organizations, as well as the activities of the Bank of Russia. The authors analyze the possibility of using European assessment tools (credit ratings) in Russia at the present time, the implementation of the recommendations of the Basel Committee on Banking Supervision, highlight current anti-sanction measures and characterize the role of the Bank of Russia in determining the directions of international banking cooperation and developing national regulatory measures. The article concludes about the broad international legal regulation of banking relations and the shift in the vector of international relations from Europe to Asia, as well as the possibility of harmonizing banking legislation with the legislation of the BRICS countries.
47-51