Articles

Standard control is one of the key focus areas of the judicial authority, both domestic and supranational. In spite of the existence of common features, the standard control of the Courts of integration associations has a number of features, which are the subject of study within the framework of this article. Operating analysis of a supranational judicial authority of compliance check with higher-level norms of legal position enshrined in acts lower in the hierarchy is carried out on the basis of the establishment of the features of constitutional standard control, research of the effects of the nullification of relevant acts, the relationship between the resolution of a case in constitutional proceedings and its consideration in ordinary types of proceedings. The formulation of approaches to the standard control activities of the EAEU Court, the identification of the presence or absence of characteristics inherent in constitutional regulatory control, is preceded by an understanding of the general theoretical definitions of these legal categories. The author sees the similarity of the activities of the EAEU Court with constitutional standard control in that the basis of the Court’s verification of acts of EAEU law is always the question of their compliance with the EAEU Agreement as a certain standard, which is dependent on the legality of other legal standards. An important part in this aspect is played by the desire of the EAEU Court to ensure the protection of fundamental human rights and freedoms within the framework of the integration association.

The article is devoted to the analysis of the draft federal law on amending the Criminal and Criminal Procedure Codes of the Russian Federation, approved by the Plenum of the Supreme Court of the Russian Federation at its meeting on October 13, 2020. The author of the article notes the absence in the Draft of a general definition of a criminal offense; referring to the number of misdemeanors of crimes of average gravity; deviation from the established rules for determining a crime committed for the first time. The provisions of the draft legislation relating to “other” measures of a criminal-legal nature are being investigated in more detail. The author critically evaluates the idea of expanding the system of such measures, believing that if the draft legislation is adopted, the system of criminal legal sanctions will acquire a dualistic character: along with the system of punishments, a system of security measures will be created that will be applied in the absence of a conviction by the court to persons who have not been found guilty of the established okay. The article examines the legal positions of the Constitutional Court of the Russian Federation, formulated by it in relation to the confiscation of property. The author draws attention to the experience of certain foreign countries (France, Germany), noting that there is a tendency in them to reduce the number of measures that act as legal consequences of the commission of a crime, but are used outside the forms of implementation of criminal liability. The final conclusion is to state the significant shortcomings of the draft legislation, which do not allow supporting it as a whole.

The war accompanied mankind from the moment of its appearance until the XX century. there was no legal prohibition on warfare. Fixation of prohibition was associated with difficulties in defining the conceptual framework, in particular the concepts of “war”, “aggression” and “aggressive war”. This article examines the process of formation of these concepts and the identification of their relationship based on the study of international legal documents and the practice of international tribunals.

The article analyzes the right of a judge in England and the USA to defer sentence. Based on long-standing division of the criminal proceedings on merits into trial and sentencing stages, anglo-american criminal procedure empowers a judge in the certain cases to defer sentence in order to induce a convicted person to correct his behaviour. Reflecting the need for flexibility in criminal justice, this institution represents a real alternative to a criminal punishment.

The article is devoted to the problem of distance education, which became extremely urgent during the pandemic and self-isolation. Both the positive and negative sides of the transition to online learning are shown. Based on a review of the results of empirical studies on distance education, including copyright, it is concluded that the rejection of traditional forms of education and reorientation to the distance model in the strategic plan will negatively affect the effectiveness and quality of higher education.

The article deals with controversial issue of the rank of Bank of Russia regulatory acts in the power structure of normative legal acts in the Russian Federation. A popular concept, criticized in the article, states that these acts have more legal force than federal laws and edicts of the President of the Russian Federation. The author provides various arguments supported by current legislation and practice of registration of regulatory acts by Ministry of Justice of Russia that regulatory acts of Bank of Russia are equal to normative legal acts of federal executive bodies in terms of the legal force.

The article discusses the dialectic categories of patterns and randomness in the aspect of forensic science, their significance in the disclosure and investigation of crimes. Particular attention is paid to the study of forensic science in the structure of legal sciences, social sciences (humanities) related to the activities of society and man. The question of the inclusion of randomness in the definition and subject of forensic science is studied, the positions of Russian and foreign scientists are given.

The article examines — in the light of the ECHR’s autonomous interpretation of the concept of “criminal sphere” — the latest legislative proposals in the administrative tort sphere. The need to take into account this interpretation in the new edition of the Code of Administrative Offenses of the Russian Federation and the newly adopted Procedural Code of Administrative Offenses is noted. The author finds it necessary doctrinal convergence of these laws with the current criminal and criminal procedure legislation. This conclusion, in particular, is made by him on the basis of an analysis of related criminal and administrative-tort sanctions, the practice of their appointment.

The article is devoted to the survey carried out by the Rabkrin (Workers’ and Peasants’ Inspection) in relation to the courts, police and the public prosecutor’s office in 1923–1927. The author introduces new archive materials on the results of the revision. We consider problems of relief of people’s courts from consideration of some cases and legislation about it. The author concludes that the survey and the initiatives of the Rabkrin had a significant impact on the regulation of issues of jurisdiction of the courts, as well as on the Soviet criminal and procedural legislation of the NEP period.