Bulletin of the University of the Prosecutor’s Office of the Russian Federation № 3 (83) 2021 |
|||
Author |
Title |
Аnnotation |
Keywords |
Bobrova Olga Viktorovna, Head of the Department of the University of the Prosecutor's Office of the Russian Federation, Candidate of Law |
Constitutional and legal status of a prosecutor in arbitration proceedings
|
The article reveals the powers of the prosecutor in arbitration proceedings, taking into account the positions of the Constitutional Court of the Russian Federation. |
Constitutional Court of the Russian Federation, Supreme Court of the Russian Federation, prosecutor, arbitration court. |
Sinelshchikov Yuri Petrovich, Deputy of the State Duma of the Federal Assembly of the Russian Federation, Candidate of Law, Associate Professor |
Problems of legislative regulation of the prosecutor's participation in the consideration of cases of administrative offenses |
In the coming years, the powers of the prosecutor in the field of administrative jurisdiction will be constantly expanded. In this regard, the article makes proposals on the main directions of development of legislation in this area. The proposals on the approximation of the legislation regulating this activity of courts of general jurisdiction and arbitration courts, on the wider use of the principles, categories, concepts and procedures of criminal proceedings in the legislation on administrative offenses, on the concretization of the powers of the prosecutor in cases of administrative offenses are substantiated. |
proceedings in cases of administrative offenses, the powers of the prosecutor, legal immunity, security measures in court proceedings. |
Maslov Igor Alexandrovich, Senior Researcher at the Research Institute of the University of the Prosecutor's Office of the Russian Federation |
Participation of the prosecutor in the administrative prosecution of persons with a special status
|
The article is devoted to the analysis of the provisions of the legislation on the peculiarities of bringing to administrative responsibility officials performing certain state functions. The author examines the powers of the prosecutor in the implementation of relevant activities, studies the materials of law enforcement practice in this area of administrative prosecution and related scientific works. The ways of improving the legislation are proposed. |
prosecutor, persons with a special legal status, administrative responsibility, Administrative Code of the Russian Federation, administrative prosecution. |
Izgagina Tatyana Yuryevna, Senior Researcher at the Research Institute of the University of the Prosecutor's Office of the Russian Federation
|
About the subject of prosecutor's supervision over the execution of laws on transport
|
The article is devoted to the subject of prosecutor's supervision over the execution of laws on transport, the legal basis of this supervision is analyzed, as well as the prerequisites for expanding the powers of transport prosecutor's offices. A comparative analysis of the legislation and practice of prosecutor's supervision in the Republic of Belarus and the Republic of Kazakhstan is carried out. Measures have been developed to improve supervision. |
prosecutor's supervision, transport, pipeline transport, off-site transport, subject of supervision, law.
|
Kremneva Elena Vladimirovna, Senior Researcher at the Research Institute of the University of the Prosecutor's Office of the Russian Federation |
International principles and standards of participation of the Prosecutor in civil proceedings
|
The article analyzes the international principles of the prosecutor's participation in civil proceedings. The practice of applying these principles by the European Court of Human Rights is summarized. |
prosecutor, international principles, civil proceedings.
|
Aleva-Herman Evgeniya Alisa Alekseevna, Postgraduate student of Judicial and Prosecutorial-Investigative Activities of the O. E. Kutafin Moscow State Law University (MSLA)
|
The versatility of the Prosecutor's Office of the Russian Federation: the essence, characteristic features
|
To date, the definition of the functions of the Prosecutor's Office of the Russian Federation remains one of the most acute issues of the science of prosecutorial activity. The subject of the study of the article is the very phenomenon of multifunctionality of the Russian prosecutor's office: its essence, key features and characteristics are considered. |
activity of the prosecutor's office, functions of the prosecutor's office, multifunctionality of the prosecutor's office, the system of prosecutor's offices.
|
Likhacheva Elena Yuryevna, Head of the Department of the University of the Prosecutor's Office of the Russian Federation, Candidate of Legal Sciences
|
Certain issues of ensuring the protection of information and information systems of bodies and organizations of the Prosecutor's Office of the Russian Federation
|
The article deals with the issues of information security and security of information systems of bodies and organizations of the Prosecutor's Office of the Russian Federation, organizational and administrative documents of the prosecutor's office, the list of information systems is indicated and the ways of ensuring their security and the security of the information contained in them used in the prosecutor's office are indicated. |
information security, information threats, information protection, unified secure data transmission network of the Prosecutor's Office of the Russian Federation, restricted information. |
Sukhodolskaya Yulia Valeryevna, Deputy of the Yegoryevsky City Prosecutor of the Moscow Region, Candidate of the University of the Prosecutor's Office of the Russian Federation |
Factors determining the commission of mass murder in an educational organization, and the mechanism of criminal behavior of a schoolshooter |
The article considers the factors determining the commission of mass murder in an educational organization, and the mechanism of criminal behavior of a schoolshooter, analyzes scientific approaches to the study of «schoolshooting» taking into account foreign experience in studying this type of crime. |
mass murders, mass murderers, educational organizations, firearms, schoolshooting. |
Semyonova Diana Mikhailovna, Associate Professor of the Department of the Samara National Research University named after Academician S. P. Korolev, Candidate of Legal Sciences
|
«For the first time» committed a set of crimes |
The article deals with the problems of legislative regulation of the first-time committed crime. In law enforcement practice, an extended understanding of a first-time crime is allowed, in connection with which a set of crimes can be recognized as «first-time» committed. A different understanding of the actual and legal repetition is allowed. In such conditions, the boundaries between a single crime and a plurality of crimes are blurred. The concept term «for the first time» is proposed to be used to define a single criminal act containing signs of either a single crime or an ideal set of crimes. |
first-time committed crime, set of crimes, exemption from criminal liability, multiplicity of crimes, differentiation of criminal liability, public danger. |
Titov Alexander Alexandrovich, Associate Professor of the Department of the University of the Prosecutor's Office of the Russian Federation, Candidate of Law |
Novelties in the Russian legislation regulating the counteraction to Internet censorship
|
The article analyzes the novelties in the Russian legislation regulating the counteraction to Internet censorship, discusses the issues of legal technology in this area. |
freedom of speech, person, citizen, state, law, Internet, counteraction to censorship. |
Uchaev Anton Nikolaevich, Professor of the Saratov State Technical University named after Gagarina Yu. A., Doctor of Historical Sciences, Associate Professor Uchaeva Natalia Alexandrovna, Associate Professor of the Saratov State Technical University named after Gagarina Yu. A., Candidate of Historical Sciences Bayguzin Renat Nurgalievich, Professor of the Department of the University of the Prosecutor's Office of the Russian Federation, Doctor of Historical Sciences |
Stereotypes of the herception of the Second World War in computer games
|
The article analyzes a number of the most common distortions of knowledge about the war of 1939-1945 and their translation in the context of the ongoing digitalization of society through computer games. In the course of the study, a comprehensive analysis of the sources of the origin of World War II mythologies distributed in the format of computer games was carried out. The authors come to the conclusion that the latter are not the source of the formation of original myths and stereotypes, but broadcast those already created in historical literature and cinema. |
World War II, the Great Patriotic War, stereotypes, computer games, historical memory. |
Subanova Natalia Viktorovna, Pro-Rector of the University of the Prosecutor's Office of the Russian Federation, Doctor of Law |
On some trends of legislation development on administrative responsibility for offenses in the licensing sphere
|
The article contains a legal analysis of federal laws, in particular the Code of Administrative Offenses of the Russian Federation and other legal acts concerning the establishment of administrative responsibility for violations in the licensing sphere with recommendations for improving legislation. As well as theoretical approaches to the legal nature of the permitting order, legal analysis of legislation on administrative offenses, practical materials to establish administrative responsibility in this area are used in the article. |
administrative responsibility, licensing sphere, prevention of offenses, power subjects of the licensing system.
|
Hilyuta Vadim Vladimirovich, Associate Professor of the Yanka Kupala State University of Grodno, Doctor of Law, Associate Professor |
If purpose has matter when committing a crime with indirect intent? |
The article deals with the issues of establishing a deliberate form of guilt when qualifying official abuse. The tendencies of differentiation of direct and indirect intent are analyzed. The proposition that the main distinction should be made according to the volitional element of guilt is substantiated, taking into account the goal and not according to the nature of foreseeing the inevitability of the onset of socially dangerous consequences with direct and indirect intentions. |
guilt, intent, purpose, abuse of office, theft. |
Agapov Pavel Valerievich, Chief Researcher of the Research Institute of the University of the Prosecutor's Office of the Russian Federation, Doctor of Law, Professor Ulyanov Mikhail Vladimirovich, Leading Researcher of the Research Institute of the University of the Prosecutor's Office of the Russian Federation, Candidate of Law Salnikov Nikolay Vyacheslavovich, Researcher of the Research Institute of the University of the Prosecutor's Office of the Russian Federation |
The counteracting new destructive manifestations in the information and communication space
|
The article is devoted to issues related to the suppression of illegal content on the Internet, produced by a relatively new and increasingly popular format of network communication using streaming (stream). Changes to the criminal legislation and Federal Law «On Information, Information Technologies and Information Protection» No. 149-FZ, July 27, 2006 in terms of restricting access to unreliable information are proposed. |
stream, Internet, prohibited information, criminal law, crime prevention. |
Sitkovskaya Olga Davidovna, Head of the Department of the Research Institute of the University of the Prosecutor's Office of the Russian Federation, Doctor of Psychology |
Psychological foundations of sanity
|
The article is devoted to the psychological aspects of one of the most important criminal law concepts - sanity and its relationship with the concept of «insanity». The theory and practice of using special psychiatric and psychological knowledge in this area are considered. The analysis of the practice of resolving the issue of insanity is carried out. Reasoned proposals for its improvement are made. |
sanity, insanity, expert, psychologist, psychiatrist, psychological examination. |
Karpov Nikolai Nikolaevich, Head of the Department of the University of the Prosecutor's Office of the Russian Federation, Doctor of Law, Professor Kulikova Galina Lukinichna, Head of the Department of the University of the Prosecutor's Office of the Russian Federation, Candidate of Law Kakitelashvili Mikhail Mikhailovich, Associate Professor of the Department of the University of the Prosecutor's Office of the Russian Federation, Candidate of Law, Associate Professor |
Experience of distance learning for listeners and students at the University of the Prosecutor's Office of the Russian Federation |
The article discusses some aspects of distance training at the University of the Prosecutor's Office of the Russian Federation. The experience of conducting classes in programs of higher education, additional professional education and professional retraining is analyzed. Both the positive aspects of distance training and a number of issues caused by the specifics of the training of the prosecutors are noted. |
prosecutor's office, distance training, prosecutor's office worker. |
Semenov Andrey Sergeevich, Senior Researcher of the Research Institute of the University of the Prosecutor's Office of the Russian Federation, Candidate of Law |
Review of the of interaction practice of the prosecutor's office of the Russian Federation with educational organizations on legal education |
The article provides an overview of the practice of interaction between the prosecutor's office of the Russian Federation and educational organizations on legal education and legal information, reflecting the positive experience of such work, the implementation of the principles of legality and transparency in the activities of the prosecutor's office of the Russian Federation. Information and analytical documents of the General Prosecutor's Office of the Russian Federation, prosecutor's offices of the constituent entities of the Russian Federation and specialized prosecutor's offices equated to them are used. |
interaction, prosecutor's offices, educational organizations, legal education, legal information.
|
Litvishko Petr Andreevich, Deputy Head of the Main Department for International Legal Cooperation - Head of the Department for Legal Assistance and Law Enforcement Assistance of the General Prosecutor's Office of the Russian Federation, Candidate of Law |
Electronic international legal immunities: modern issues of theory and practice
|
On the basis of international and foreign sources, the article examines the issues of inviolability and other immunities of electronic data, information systems and networks of diplomatic missions, consular offices and other foreign missions of states in proceedings regarding their investigative and other procedural actions in criminal cases, as well as operational-search measures, the admissibility of the evidence obtained. |
electronic immunities, embassy, consulate, virtual foreign mission, criminal proceedings, admissibility of evidence.
|
Rustamzoda Dzhumabek Yunus, Associate Professor of the Department of the Tajik State University of Commerce, Candidate of Law
|
Ineffective use of budget funds as a basis for liability for violation of budgetary legislation in the Republic of Tajikistan: financial and legal regulation
|
Responsibility for ineffective use of budget funds at all levels of the budgetary system of Tajikistan is not provided for by national legislation, which does not ensure compliance with the principle of efficient use of budget funds, and therefore causes significant economic damage to the state. |
the Republic of Tajikistan, budget, use of budgetary funds, budget legislation, funds of state extra-budgetary funds, the President of the Republic of Tajikistan, audits. |
Silnov Mikhail Aleksandrovich, Associate Professor of the Department of the University of the Prosecutor's Office of the Russian Federation, Candidate of Law, Associate Professor |
Ways to improve the mechanism for the formation of the judiciary and the bodies of the judicial community in Russia through the prism of comments and suggestions from GRECO |
The article examines the complex theoretical and practical issues of the formation of the judiciary through the prism of the recommendations of the Group of States against Corruption (GRECO), formulated for the Russian Federation in the framework of the fourth round of assessment, the responsible executor of which was determined by the General Prosecutor's Office of the Russian Federation. |
GRECO, formation of the judiciary, composition of the qualification collegiums of judges, judicial immunity. |