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Siberian Law Review

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Vol 16, No 1 (2019)

THEORY AND HISTORY OF LAW AND STATE, HISTORY OF LAW AND STATE STUDIES

6-12 356
Abstract
In this article, for the first time in the domestic legal science, an attempt has been made to conduct a comprehensive inter-sectoral analysis of the institution of gender equality in the current Russian legislation. The Author, based on normative and empirical sources, as well as the results of various sociological studies, critically analyzes the leading branches of the national law of the Russian Federation in the comparative context of the scope of rights and freedoms of men and women. Guided by international public law and case-law of judicial courts of the Russian Federation, the Author proposes to make changes to a number of provisions enshrined in the current Russian legislation in order to restore the gender balance necessary in a social-legal state.
13-19 259
Abstract
In this research paper, attempts are made to explain the origin of the names of the main professional secrecies. Traditionally, their content is associated with the names of professions of obliged persons or with the implementation of their professional activities, as well as in connection with the performance of their professional duties. Meanwhile, professional activities are conditioned by the fulfillment of their professional duties to protect professional secrecies by individuals who are able to act as individual entrepreneurs, as well as employees who have labor relations with them or with legal entities. Since the implementation of professional activity is limited to a narrow subject structure - individuals, it is necessary to legislatively clarify a single socially useful activity, covering all categories of obligated subjects - both individuals and legal entities. There is a need to reflect the connection of titles with the types of economic activity carried out by obligated persons in the prescribed manner. At the same time, certain provisions of the All-Russian Classification of Types of Economic Activity OK 029-2014 need to be improved, since in it the types of economic activity are combined into unequal groups of classified objects.

CIVIL LAW, BUSINESS LAW, FAMILY LAW, INTERNATIONAL PRIVATE LAW

20-24 381
Abstract
The issues of regulation by the Russian legislation of escrow relations, their essence, foreign practice in the field of escrow relations are considered, the priority areas of their distribution in the Russian Federation are defined. A distinction has been made between the concepts of an escrow contract and an escrow account contract, and their differences have been determined both from each other and from existing and widespread relations in the Russian practice. The current legislation and the adopted amendments to the Civil Code governing the escrow contract as a separate civil law instrument are analyzed. The authors come to the conclusion that civil law presented a truncated version of the construction of an escrow invoice agreement, in contrast to the agreement that has become widespread in world practice (a limited list of property and escrow agents). contract, and their differences have been determined both from each other and from existing and widespread relations in the Russian practice. The current legislation and the adopted amendments to the Civil Code governing the escrow contract as a separate civil law instrument are analyzed. The authors come to the conclusion that civil law presented a truncated version of the construction of an escrow invoice agreement, in contrast to the agreement that has become widespread in world practice (a limited list of property and escrow agents).
25-28 263
Abstract
The analysis of the current legislation regulating the procedure for the entry and exit of minors outside the Russian Federation has been carried out, the features of obtaining consent for the departure of a minor outside the Russian Federation have been noted. The necessity of notarization of such consent has been investigated, judicial decisions on this issue have been considered, and the legal norms governing the form of withdrawal of consent to a minor’s departure have been examined. The author has formulated proposals to improve the current legislation governing the entry and exit of minors outside the Russian Federation, including legislatively stating the obligation of the person who has withdrawn consent to leave the minor, to inform the interested person and the minor himself about such actions within a reasonable time.
29-35 473
Abstract
The paper discusses the fundamental principles of personal data processing enshrined in EU Regulation No. 2016/679: legality, fairness, and transparency; purpose limitation; data minimization; accuracy; storage limitation; integrity and confidentiality; responsibility (accountability). The need to study and implement the requirements outlined in the regulations is related to the extraterritorial nature of its operation and the potential possibility of extending its operation to Russian companies providing services and selling goods in the European Union countries. The Author gives comments regarding each principle on the difficulties of implementation and recommendations on their application, as well as some critical comments. The Author covers the disclosure of each of the principles in other articles of the Regulations and demonstrates the interaction of these principles with each other.

LABOR LAW, SOCIAL SECURITY LAW

36-42 283
Abstract
The article deals with the problem of limiting the possibility of membership of foreign citizens and stateless persons which temporarily staying in the territory of the Russian Federation in the Russian labor unions. Based on the study of legislation and practice of its application the authors note that the protection of the rights of workers by labor unions is called upon to supplement state mechanisms for the protection of citizens’ rights and is optional. Realization of the workers’ interests is practically impossible in the absence of their effective association therefore the restrictions that are established for foreign citizens temporarily staying in Russia and stateless persons with regard to membership in labor unions must be assessed from the point of view of ensuring their interests in the field of labor. Objective justification of the ban for the participation to the Russian labor union for a foreign citizen and a stateless person which temporarily staying in the Russia is the absence of long term communication with the Russian Federation for these persons and the short term nature of their interests in the field of labor. At the same time taking into account the possibility of long time employment to these persons in Russia the authors propose to recognize the right to the participation in the labor union for foreign citizens which are skilled workers and work on the basis of a work permit.

CRIMINAL LAW AND CRIMINOLOGY, PENITENTIARY LAW

43-48 276
Abstract
In criminal law, various terms are used that describe the same phenomenon - involvement in a crime (socially dangerous actions). Depending on the object, institutional affiliation and the criminal law context, criminal involvement may have different criminal law meaning. The paper provides a legal assessment of criminal involvement, which, regardless of its normative description, has a single legal nature, and provides recommendations on qualifications. It is noted that the approaches used by the legislator to criminalize involvement do not exclude the possibility of complicity in crimes committed by involvement. Regulatory differences in the description of engagement actions predetermine the non-uniform understanding of the content of executive actions and the moment of legal completion of crimes. It is substantiated that the understanding of the meaning of the criminal law, the content of the act in which is expressed in the form of involvement, should be carried out taking into account the rules of grammatical and logical interpretation, as well as take into account the criminal political tasks. of engagement actions predetermine the non-uniform understanding of the content of executive actions and the moment of legal completion of crimes. It is substantiated that the understanding of the meaning of the criminal law, the content of the act in which is expressed in the form of involvement, should be carried out taking into account the rules of grammatical and logical interpretation, as well as take into account the criminal political tasks.
49-54 475
Abstract
The article deals with issues related to the problem of criminological security. Scientific analysis is the relevance of the problem, the evaluation of the concept of “criminological security”, proposed by various scientists. The Author believes that it is advisable to present criminological security as a subsystem of any type of security that requires a separate analysis and appropriate support. Criminological security is an element of any kind of security, for example, international, military, foreign policy, state, public, etc., it includes various kinds of criminal threats and other phenomena related to crime. The data of the author's research concerning the influence of certain criminal threats faced by citizens are presented. The author believes that the presence of criminal threats in all spheres of life of the individual, society and the state requires the creation of the corresponding threats to the system of criminal security. In order to create such a system, it is necessary to identify the actual state of crime and its manifestations in order to identify real and potential internal and external threats at all levels of government, in all spheres of public relations and for each individual.
55-59 503
Abstract
The article reveals the concept of humanization of legislation, analyzes the statistics of crimes to which decriminalization is applied. The last changes introduced into the Criminal Code of the Russian Federation are considered. Based on their analysis and analysis of drafted laws, the trends are determined not only by the humanization of criminal legislation, but also by significant liberalization. An assessment of these changes is given, features and possible difficulties in the application of new norms are analyzed, as well as those articles of the Criminal Code of the Russian Federation, to which significant changes have been made. Attention is paid to the imperfection of these changes, leading to destabilization of the legal provisions. The problems of rational application of criminal law norms of the Criminal Code of the Russian Federation are analyzed, negative factors that prevent their implementation are identified; formulated theoretical and practical provisions that contribute to the creation of a holistic concept of development and improving the effectiveness of legal techniques in criminal law; identified the main gaps and shortcomings in the design and application of criminal law.
60-65 244
Abstract
In the article the Author refers to the study of certain theoretical provisions relating to the theme of criminological security of educational organizations, namely to the analysis of two key terms related to this concept: educational organization and objects of criminological security of educational organizations. The Author reveals each term, offers a definition, gives various examples. When studying the term “educational organization”, the researcher draws attention to the fact that the legislation provides for the possibility of obtaining education by persons held in correctional institutions of the penal correction system, in particular through the creation of educational organizations at correctional institutions. In this regard, the article presents and analyzes statistical data on the number of educational institutions in the colonies and the number of convicts studying in them in the Russian Federation in the modern period. It is concluded that at present, in the whole country there is a tendency to increase the number of educational organizations in the colonies, and persons studying in them. In practice, however, working professions received by convicts in such educational institutions are often not in demand in the labor market. Offering the author's definition of the term “objects of criminological security of educational organizations”, the researcher names and reveals, in particular, such objects as the identity of students and teachers, educational organizations as legal entities, as well as state and municipal authorities engaged in management, control or other interaction with educational organizations.
66-72 387
Abstract
The article provides scientifically based definitions of single rules for qualifying criminal acts, by means of which elements of crimes against property and theft of special items are differentiated from each other and delimited from adjacent elements of crimes, which ensures the individualization of the criminal responsibility of the perpetrators and the imposition of a fair type of punishment or other measure criminal legal nature.Based on the analysis of literature, statistical information, as well as the author’s own empirical data, the author formulates the conclusion that one of the ways to solve the problem of competition of norms providing for responsibility for special types of theft is correct understanding of the content of the subject of the crime provided for in the article.

CRIMINALISTICS, FORENSIC ACTIVITY, OPERATIONAL AND INVESTIGATIVE ACTIVITIES

73-79 304
Abstract
The Author analyzes a number of documents defining the basis of the state policy of the Russian Federation in the development of legal literacy and legal awareness of citizens, in which legal education and legal information of citizens are indicated as one of the main directions for implementing such a policy. It is noted that such methods of forming a high level of legal culture of the population, traditions of respect for the law, law and order and court, honesty and integrity in general are implemented by law enforcement and judicial authorities, other state authorities and local self-government. It is emphasized that the means of legal education and legal information of the general population can be actively developed by representatives of the forensic science, including by creating a variety of printed and electronic memos, manuals, lectures, videos, posters, booklets, as well as electronic applications, multimedia presentations. Outlines the legal, theoretical and conceptual basis of this issue. Presented several proven and implemented in the practice of modern means of legal (anti-crime) education in the format of electronic mobile applications. It is emphasized that the new approach to the implementation of the above-mentioned direction of state policy is able to ensure the solution of such tasks as: synergy in the development of the sciences of the anti-criminal cycle (criminal law, criminal procedure, criminalistics, criminology, etc.); overcoming the notorious barrier between science and practice, the creation of scientifically based recommendations of an applied nature; legal education of citizens; increasing the effectiveness of countering crimes.
80-85 592
Abstract
Based on traditional and modern studies of forensic scientists and specialists in the field of legal procedures, regulatory sources; the practice of investigating criminal cases in the article covers both the general provisions of the interrogation tactics and the individual tactical and psychological methods of conducting an investigative action, as applied to a specific investigative situation. Some aspects of traditional and non-traditional methods and methods of interrogation are investigated, recommendations on their use are given. The article explores the use of tactics when interrogating minors. In order to optimize the activities of the investigator at the preparatory and working stages of interrogation of minors, a list of tactics has been formulated, the use of which is advisable regardless of the procedural status occupied. Considers the use of video during interrogation, as well as the conditions for the adoption of such a decision by the investigator.

ADMINISTRATIVE LAW, ADMINISTRATIVE PROCESS

86-90 291
Abstract
On the basis of the analysis of normative provisions the problem of non-system regulation of the order of protection of the legal interest of the taxpayer is investigated. In the article the legal interest is considered as a separate legal structure from subjective right, which is an independent object of legal regulation and protection. Based on the parity of the importance of legal interests and subjective rights of the taxpayer, the level of legal protection of the former should not be inferior to the latter. The Author gives examples of the opposite. It is concluded that there is no administrative procedure to protect the legitimate interest of the taxpayer in the legislation on taxes and fees. There is a similar gap in the constitutional proceedings. As a result of this lack of regulation, problems in the implementation of the legitimate interest are experienced by both the taxpayer and the lawenforcement bodies that exercise their competence only in accordance with the law.

CIVIL PROCESS, ARBITRATION PROCESS

91-95 446
Abstract
The reformation processes in the sphere of legal proceedings in Russia are due to the installation of the legislator to strengthen the unification of civil and arbitration processes and the formation of common principles of differentiation (in particular, the introduction of simplified proceedings in a civil process, mandative proceedings in an arbitration process).The article reveals the content of cassation proceedings in civil proceedings, shows some of the differences of this procedural institution in civil and arbitration proceedings. On the basis of materials of judicial practice, opinions of legal scholars, data of judicial statistics, it was concluded that since 2012 cassation proceedings acquired the features of the former supervisory review proceedings. Attention is drawn to the need to improve the quality of training of judicial personnel.

TRIBUNE OF YOUNG SCIENTISTS

96-102 625
Abstract
The article deals with the issues of qualification of sales of narcotic drugs, presents the main trends of judicial practice in assessing the actual circumstances of specific criminal cases and their impact on the qualifications of the offense. Attention is focused on certain aspects of the identification of a seized narcotic substance as a single consignment or related to different episodes of sale. Using examples of judicial practice, various approaches to the qualification of the sale of narcotic drugs as a single criminal act or as a set of crimes are summarized. The positions of the courts on the correlation of finished sales and situations in which one part of the narcotic substance was sold and the other withdrawn during operational activities were investigated. It is concluded that the practice materials presented in the article demonstrate the absence of a clear direction in the qualification of the considered elements of a crime.
103-109 232
Abstract
The article reveals the problems of ensuring the right to protection of members of political parties during the internal party process of imposing measures of responsibility. The relevance of the work is due to the fact that the implementation of inner-party responsibility in the context of violation of the right to protection in party relations leads to a violation of the constitutional rights of members of political parties (the right to association, passive electoral rights, the rights of deputies). The purpose of the article is the development of legal and party mechanisms to increase the degree of security of the rights of members of political parties. Based on an analysis of judicial and party practice, the author identifies gaps in the regulation of the procedural status of a member of a political party and concludes that it is necessary to extend state regulation to the foundations of the internal party process of accountability. As the initial theoretical position, the author relies on the fundamental possibility of the reception of the basic provisions of sectoral procedural teachings by an intraparty process. Based on the staged architecture of the internal party process, it conducts a sequential analysis of each of the stages and develops proposals for improving their regulation.
110-113 296
Abstract
The author considers the elements of the constitutional legal status of the deputy of the representative body of local self-government. The article analyzes the scientific and research literature on this issue. The relevance of the proposed topic is determined by the lack of scientific studies investigating this problem since 2008. During this time, the legislation of the Republic of Kazakhstan and the Russian Federation has undergone significant changes. Using the comparative legal method, the author explores the elements of constitutional legal status (age, citizenship, education, term of office, responsibility, forms of activity, etc.) of deputies of representative local governments on the example of the deputy body of the Omsk City Council and Maslikhat of Astana. The ways of further improvement of the legal regulation of the constitutional and legal status of deputies of representative bodies of local self-government of the Republic of Kazakhstan are proposed.


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ISSN 2658-7602 (Print)
ISSN 2658-7610 (Online)