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Bulletin of the University of the Prosecutor’s Office of the Russian Federation № 4 (90) 2022
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Author
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Title
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Аnnotation
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Keywords
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Mikheeva Tatyana Nikolaevna,
Professor of the Department, Mari State University, Doctor of Law, Professor
Mikheev Denis Stepanovich,
Professor of the Department, Mari State University, Doctor of Law, Professor
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Transformation of the Local Self-Government on a New Constitutional Basis: Novelties of Federal Legislation
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Constitutional amendments in terms of the local self-government are beginning to receive further regulation in federal legislation. The most resonant norms of the currently widely discussed draft law «On the general principles of the organization of local self-government in a single system of public authority» are analyzed, which clearly indicate the tendency of the state to play a more active role in local self-government affairs, to interact more closely with him. The necessity of forming a new doctrine of local self-government based on its position in the system of public authority is substantiated.
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public authority, local self-government, amendments to the Constitution
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Karpov Nikolai Nikolaevich,
Head of the Department, University of the Prosecutor's Office of the Russian Federation, Doctor of Law, Professor
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Interaction of Sociology and Legal Sciences in Defining the Concept of Society as a Subject of Constitutional and Legal Relations
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The article deals with the issues of scientific significance of the interaction between sociology and legal sciences, in particular, when defining the concept of society as a subject of constitutional and legal relations.
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sociology of law, legal sciences, significance of the interaction between sociology and legal sciences, constitutional law, subjects of constitutional legal relations
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Bagautdinov Fler Nuretdinovich,
Head of the Department, Kazan Law Institute (branch), University of the Prosecutor's Office of the Russian Federation, Doctor of Law, Associate Professor
Khalikov Iskander Alfredovich,
Professor of the Department, Kazan Law Institute (branch), University of the Prosecutor's Office of the Russian Federation, Candidate of Law
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Topical Issues of Delivery the Indictment by the Prosecutor
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The article discusses the issues of delivery the indictment to the accused by the Prosecutor, it’s indicated a formal approach to the performance of this duty and formulated proposals for improving law enforcement practice.
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referral of a criminal case to the court, delivery the indictment to the accused by the prosecutor, identification of the accused, defendant, duties and powers of the prosecutor, issues of identifying the identity of the offender, judicial error
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Strahova Svetlana Vyacheslavovna, Head of the Department, Crimean Law Institute (branch), University of the Prosecutor's Office of the Russian Federation, Candidate of Law, Associate Professor
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On Certain Issues of Ensuring the Legality by the Prosecutor in the Implementation the Evidence in the Pre-Trial Stages of Criminal Proceedings
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The article analyzes the issues of legal regulation of the prosecutor’s powers to recognize evidence as inadmissible, the regulation of the process of obtaining evidence at the stage of initiating a criminal case and their evaluation.
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prosecutor’s powers, assessment of evidence, recognition the evidence as inadmissible, stage of initiating a criminal case
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Kremneva Elena Vladimirovna,
Senior Researcher, Research Institute, University of the Prosecutor's Office of the Russian Federation
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Conversion Property into the State Income as a Means of Protecting the Interests of the Russian Federation by the Prosecutor
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The article analyzes the legal nature and emerging practice of the institution of turning property into the income of the Russian Federation by a court decision, in respect of which, evidence of its acquisition with legal income is not presented in accordance with the anti-corruption legislation. Other cases of forced seizure of property from the owner without appropriate compensation and possible ways to improve legislation in this area are considered.
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prosecutor, civil proceedings, anti-corruption, cost control, conversion property into the state income
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Aristarkhov Aleksey Leonidovich,
Leading Researcher, Research Institute, University of the Prosecutor's Office of the Russian Federation, Candidate of Law
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Ways to Eliminate the Difficulties of Forensic Examination in the Context of the Implementation of the Principle of Competitiveness of the Parties
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The difficulties associated with the appointment and production of forensic examinations in the Russian criminal process, the problematic issues of their production in state and non-state forensic institutions in in conditions of the implementation the principle of adversarial parties, the methodology for appointing forensic examinations are discussed.
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criminal proceedings, court, prosecutor, investigator, interrogating officer, state forensic institution, non-state forensic institution, head of the forensic institution, expert, appointment and production of a forensic examination, repeated forensic examination, additional forensic examination
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Epishin Vyacheslav Valeryevich,
Senior Prosecutor, Fifth Division (cassation) (based in the city of Pyatigorsk, Stavropol Territory), Cassation and Supervisory Department, Main Criminal Judicial Department, General Prosecutor's Office of the Russian Federation
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Violations of the Law Using Special Knowledge in Criminal Proceedings: Issues and Solutions
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The article analyzes violations of the law using special knowledge in criminal proceedings as a common reason for the cancellation of court decisions. Theoretical provisions and examples from judicial practice are given, which can contribute to the development of a methodology (algorithm) for checking the legality of the application of special knowledge.
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special knowledge, expertise, violations of the law, verification methodology
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Erezhipaliev Damir Ildarovich,
Head of the Department, Research Institute, University of the Prosecutor's Office of the Russian Federation, Candidate of Law
Ogurtsova Marina Leonidovna,
Leading Researcher, Research Institute, University of the Prosecutor's Office of the Russian Federation, Candidate of Law
Primova Elmira Nedzhefovna,
Leading Researcher, Research Institute, University of the Prosecutor's Office of the Russian Federation, Candidate of Historical Sciences
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Restricting of Using the Personal Mobile Devices by Students During the Educational Process: Pro et Contra
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The authors analyzed the state of legal regulation in the field of ensuring the safety of children in the information environment during the educational process, the experience, including foreign, of introducing restrictions related to the use of personal mobile devices by students during the educational process is studied, and concluded that there is a positive effect from using of such restrictions. Based on the results of the study, it is proposed to work out the issue of establishing legal regulation of the procedure for using mobile communication devices by students in educational organizations, that will eliminate legal gaps and contradictions, consolidate general provisions that ensure the unity of forms and directions of restrictions, taking into account the risks associated with their introduction.
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minors, information security, mobile devices, educational process, restrictions
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Izgagina Tatyana Yurievna,
Senior Researcher, Research Institute, University of the Prosecutor's Office of the Russian Federation
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Liberalization of Liability for Currency Offenses
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The article deals with the issues of liberalization of liability for currency offenses in connection with the introduction of administrative prejudice under Art.15.25 of the Code of Administrative Offenses of the Russian Federation for criminal prosecution under Art.193 of the Criminal Code of the Russian Federation. In addition, schemes for the illegal withdrawal of capital abroad, negative factors that affect the latency of these crimes are given, as well as the number of issues are highlighted in their investigation.
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currency offenses, withdrawal of capital, liberalization of liability, failure to return funds, customs authorities
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Marchenko Denis Andreevich,
Prosecutor, Department for Supervision of Criminal Procedural and Investigative Activities of the Internal Affairs and Justice Bodies, Prosecutor's Office of the City of Moscow
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Using the Internet to Commit Crimes as the Circumstances of Aggravating Punishment
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The article analyzes the influence of the Internet on the public danger acts, considers the possibility of supplementing the list of circumstances aggravating punishment.
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theft, fraud, sale, Internet, aggravating circumstance, trash stream, prank, blogger, streamer
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Silnov Mikhail Alexandrovich,
Associate Professor, Department of the University of the Prosecutor's Office of the Russian Federation, Candidate in Law, Associate Professor
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Countering Domestic Violence in the Light of the Implementation of the Constitutional Principle of the Person Inviolability
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The article refers to the necessity of the ensuring by the state the physical integrity of the individual from encroachments on her life, health, sexual integrity. The decriminalization of beatings, which before July 3, 2016 was among the criminal offenses (part 1 Art. 116 of the Criminal Code of the Russian Federation), as well as the current procedure for considering cases of private prosecution, are criticized. It is concluded that it is necessary to adopt a comprehensive regulatory legal act aimed at protecting victims of violence, as well as developing methodological recommendations for the prosecutor when checking relevant administrative proceedings, materials and criminal cases.
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domestic violence, decriminalization of beatings, cases of private prosecution, methodological recommendations to the prosecutor, protection of personal integrity, combating
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Merkuriev Viktor Viktorovich,
Head of the Department, Research Institute, University of the Prosecutor's Office of the Russian Federation, Doctor of Law, Professor
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Prosecutor's Office Activities to Prevent Crimes Against the Foundations of the Constitutional Order and the Security of the State in the Context of Growing Protest Activity of the Population
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The article analyzes modern methods of counteracting crimes under Ch. 29 of the Criminal Code of the Russian Federation. It emphasizes the necessity for strong coordination of the efforts of structures counteracting extremism to prevent and suppress the spread of extremist materials through prompt response to provocations of extremists and removal (blocking) on the Internet of information containing calls for mass riots, extremist activities, participation in mass (public) events conducted in violation of the established procedure. The issues of information counteraction to illegal activities are considered. It is offered to focus the efforts of prosecutors on solving the problems of identifying and suppressing the channels of financial support for individuals, non-profit organizations that perform the functions of a foreign agent, as well as foreign and international non-governmental organizations whose activities are recognized as undesirable on the territory of Russia.
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monitoring of protest activity, state of national security, protest action, public authorities, radicalization, unfriendly foreign state, state sovereignty, prevention of interference in internal affairs, foreign agent, blocking in the Internet, source of funding, undesirable organization, criminogenic situation
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Pavlovskaya Nadezhda Vladimirovna,
Head of the Laboratory, Research Institute, University of the Prosecutor's Office of the Russian Federation, Candidate of Law
Litvinov Anton Anatolyevich,
Senior Researcher, Research Institute, University of the Prosecutor's Office of the Russian Federation
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Status and Main Directions of Combating Corruption Crime in the Russian Federation
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Based on the analysis of legal statistics data, the issues of the current state of corruption crimes are considered. The characteristic of its structure and dynamics of certain types of corruption-related crimes is given. The data of sociological studies of public opinion on the level of domestic and business corruption are given.
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corruption crime, crime structure, crime dynamics, latency, sociological research
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Lavrentieva Inna Valerievna,
Professor of the Department, Moscow University of the Ministry of Internal Affairs of Russia named after V.Ya. Kikotya, Candidate of Psychological Sciences, Associate Professor
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Psychological Correction of the Minors Aggressiveness with Unlawful Behavior, First Sentenced on Probation
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The issues of the minors aggressiveness is of great scientific interest. The purpose of the study is to determine the severity of the minors aggressiveness with unlawful behavior, first sentenced to imprisonment on probation. After psycho-corrective work, adolescents have a decrease in the level of aggressiveness, which confirms the necessity for psychological correction programs.
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minors, psychological correction, aggressiveness, penitentiary system, illegal behavior, psychological features, penitentiary inspection
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Shakiryanov Marat Mavlyavievich,
Head of the Department, Kazan Law Institute (branch), University of the Prosecutor's Office of the Russian Federation, Candidate of Law, Associate Professor
Gavrilov Maxim Alexandrovich,
Senior Lecturer, Kazan Law Institute (branch), University of the Prosecutor's Office of the Russian Federation
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Formation and Development of the Post of Deputy Prosecutor General in Russia
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The article provides a brief historical background on the origin of the institute of the Deputy Prosecutor General in the domestic prosecutor's office. On the base of historical and literary sources, information about some persons who held the specified position is given. In the aspect of the three hundred years of historical development of the national Prosecutor's office, the characteristics of the features of this public position are given.
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Deputy Prosecutor General, chief Prosecutor, Prosecutor General, Prosecutor's office, Senate
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Petrenko Valery Vladimirovich,
Post-Graduate Student, University of the Prosecutor's Office of the Russian Federation
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Regulation of Continuing Crimes in Domestic Criminal Law
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In pre-revolutionary criminal law, the norms of criminal law were devoted to continuing crimes. Not completely, but in detail, the issues of continuing crimes are considered in the decisions of the highest judicial body - the Criminal Cassation Department of the Governing Senate, including the concept of a continuing crime, the rules for the responsibility of accomplices in crimes, the applicability of the criminal law to minors who have committed crimes of this kind, the possibility of classifying specific elements of crimes.
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continuing crimes, pre-revolutionary criminal law, decisions of the Criminal Cassation Department
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Sukhodolskaya Yulia Valerievna,
Applicant, University of the Prosecutor's Office of the Russian Federation
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On the Delimitation of Mass Murders in Educational Organizations from Crimes of a Terrorist Nature
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The article deals with the issue of delimiting mass murders in educational institutions from crimes of a terrorist nature, taking into account the recognition by the Supreme Court of the Russian Federation of the movements «columbine», «schoolshooting» as terrorist, analyzes some issues of qualifying the actions of schoolshooters.
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mass murders, mass murderers, educational organizations, school shooting, terrorism
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Turkin Aleksey Viktorovich, General Director, «RSTI» holding in Moscow, Master Student of the Russian Academy of Advocacy and Notaries
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The Objective Side of the Crime Under Art. 2003 Criminal Code of the Russian Federation: Issues of Establishing Blanket Links
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The uncertainty of the boundaries of the objective side of the crime under Art. 2003 of the Criminal Code of the Russian Federation, which is incompatible with the constitutional requirements for criminal law, does not allow the representatives of the developer to predict the legal consequences of their economic activities. The article proves that in relation to Art. 2003 of the Criminal Code of the Russian Federation relevant, in other words, criminally significant is not any violation of the requirements of the Federal Law of December 30, 2004 №.214-FZ, but only a violation of the procedure for raising funds for shared construction of real estate. More precisely, the objective side of the crime under Art. 2003 of the Criminal Code of the Russian Federation, forms the attraction of funds from citizens for the shared construction of real estate in the absence of a corresponding right. In other words, a violation of the requirements of Law №.214-FZ should be associated with the grounds and conditions for the emergence of the right to raise funds for shared construction of real estate.
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shared construction, Art. 2003 of the Criminal Code of the Russian Federation, blanket
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