In the article, the authors point out that the
investigator plays a key role in the criminal
investigation process, he independently directs the
criminal investigation, takes decisions on the case,
collects, verifies and evaluates the evidence. While
performing his functions he is actively assisted by the
staff of expert criminalistic units. However, in
practice, not all investigators take full advantage of the
opportunities provided by these units. It is quite true
concerning the forensic records, the possibilities of
which are extremely poorly used in the investigation
of crimes. At the same time, the authors emphasize
that modern forensic records also face a lot of
problems, the solution of which he sees in their
complex use in the identification process of a person.
This problem can be solved if the following conditions
are met: integration, unification, automation of
forensic records (database of surname cards with
appearance descriptions) and improvement of the legal
regulation of the activities of the entities that keep and
use these records
The article explores the problems, acquaintance with the materials of the criminal case of a minor accused in the aspect of ensuring his rights as a defender and legal representative. With a view to the proper legal regulation of this procedure, it is proposed to establish a procedure for the joint familiarization with the criminal case file of counsel and the legal representative of a minor accused in the norms of the Code of Criminal Procedure, as well as the procedure for compulsory participation of a legal representative of a juvenile accused while acquainting himself with all materials of the criminal case
This article is devoted to the study of problematic
issues related to notification of the person brought to
administrative responsibility, the place and the time of
the drawing up of a protocol. Lack of proper
regulatory legal regulation of the order of call of this
participant in the process gives rise to ambiguous law
enforcement practice. Non-recognition of the notice as
appropriate leads to a decision to terminate the
proceedings in the case of an administrative offense
and, as a consequence, to the removal of the offender
from punishment. The article analyzes various ways to
notify people, the authors emphasize the merits and
demerits of these methods. The conclusion of the
article suggests ways of improving the legislation
regulating the procedure for notifying persons about
the need for presence to draw up a protocol
The article is devoted to the analysis of the concept of
legal capacity, which is one of the fundamental concepts
in the science of civil law. The authors have covered
approaches to the disclosure of this concept in the legal
systems of foreign countries. The common features
inherent in all considered variants of interpretation were
revealed. Legal capacity is a sufficient criterion for
establishing the fact of the legal existence of a legal
entity. In accordance with Art. 17 of the Civil Code of the
Russian Federation, legal capacity is the ability of an
individual to have rights and bear responsibilities. The
emergence of the legal capacity of an individual is
determined by the moment of his birth (clause 2 of Article
17 of the Civil Code of the Russian Federation).
Accordingly, the termination of legal capacity is
determined by the moment of biological death (clause 2
of Article 17 of the Civil Code of the Russian Federation),
since the subject of law no longer exists. If the person has
been declared dead, but in fact is alive, this does not
detract from his legal capacity, he automatically continues
to use his legal capacity, respectively to enjoy the full
range of rights and bear the responsibilities. In the
scientific literature, both passive and active legal capacity
are distinguished. The authors study different approaches,
shows the lack of a common understanding of legal
capacity, but all analyzed doctrinal approaches have a
common feature - all reflections concern a certain person,
his rights and duties. The authors concluded that the key
component of legal capacity is the ability to be a subject
of statutory rights and obligations
The article considers the problems of addressing and
grounds of criminal responsibility for the rehabilitation
of Nazism, the concept and methods of committing
this crime. This article uses various opinions of
scientists-lawyers of Russia on the rehabilitation of
Nazism, such as: S. V. Rozenko, A. A. Turysheva, M.
L. Prokhorova and gives an opinion on the need to
implement the article 354 (1) of the criminal code of
the Russian Federation fully and the Federal law from
13.03.95, â„–32-FZ "About days of military glory and
anniversaries of Russia"
The article deals with the use of methods of operativeinvestigative
activities in cases of bribery,
inadmissibility of provocation by certain employees of
operational units of law enforcement bodies against
persons being developed in operational accounting
cases. At the same time, the main attention is paid to
strict observance of the criminal procedural legislation
in the fight against this type of criminal activity; some
problems associated with imperfection of the
regulatory legal regulation in the course of operative
investigation activities in the investigation of
corruption crimes are investigated. The circle of
subjects of provocative actions at stages before
excitation of criminal case and carrying out of
preliminary investigation is defined. The reasons and
problems of revealing provocative actions are
considered at carrying out of operatively-search
actions on affairs about bribery. The spectrum of
possible operative-search measures, which can be
conducted with the purpose of revealing and fixing the
facts of bribery, is analyzed. An assessment is made of
the possibility of using the results of such an
operational-search activity as an operational
introduction in establishing the facts of bribery. An
analysis of the judgments of the European Court of
Human Rights on cases of provocative actions during
the conduct of operational-search activities at various
stages of criminal proceedings in criminal cases on
bribery
The article analyzes the legislative definition of the term of "official of the body of inquiry" (introduced in the paragraph 6 of part 1. article 40.2 of the code of Criminal Procedure of the Russian Federation the Federal law from 30.12.2015 year); it substantiates the definition and demarcation of the procedural powers of the relevant officials involved in the instruction execution process of the head of the inquiry body
In the article there is a comparative analysis of the
criminal legislation of the countries of the near
abroad, regulating responsibility for the murder of a
newborn child by the mother
At the present stage, the juvenile legislation of the Russian Federation is going through a period of formation and determination of dominant purpose. The need for the regulation of emerging gaps and inaccuracies was reflected in the overall situation of juvenile delinquency in Russia. By eliminating errors and defects, we solve questions about the future of young and irresponsible people who have made a mistake and need proper correction and education
In modern Russia, there were not created key institutions of political and social development needed to involve young citizens in political and legal life, and very serious criticism is "the effectiveness of judicial reform" and the results of combating systemic corruption, without which it is difficult to count on the impact of the decrease in the level of political and legal nihilism among young people. The review of related problems and approaches to their solution are addressed in this article