Vol 11, No 1 (2023)
- Year: 2023
- Published: 20.01.2023
- Articles: 10
- URL: https://ogarev-online.ru/2311-2468/issue/view/17213
Full Issue
Sovereignty of people and legal consciousness
Abstract
The article examines the place of national sovereignty in modern jurisprudence. The analysis of existing views and critical opinions in relation to this concept is carried out. The influence of views and theories of sovereignty on legal consciousness is also studied.
Use of videoconferencing in arbitration proceedings
Abstract
This article discusses the use of videoconferencing in the trial. The authors analyze some of the problems arising due to digitalization of law. The legislative changes that have come into force and are to come in the field of legal regulation of holding court hearings using videoconferencing are considered.
Features of the use of special knowledge in digital crime investigation
Abstract
Digital technologies are used in the course of committing crimes, which makes it difficult to detect the signs of criminal nature in events and facts. The subjects of criminal proceedings have problems understanding the circumstances of the commission of illegal actions. One of the means to overcome the difficulties of detecting and investigating digital crimes is to involve special knowledge in the field of digital technologies.
Conflict of interests of employees of internal affairs bodies and measures to eliminate it
Abstract
In this article, the authors analyze the concept and causes of conflicts of interest in the activities of employees of internal affairs bodies. As a counteraction to this negative corruption phenomenon, the authors propose various preventive measures and amendments to the current legislation that contribute to improving the effectiveness of anti-corruption measures in law enforcement agencies.
On confiscation of property for crimes of corruption
Abstract
The system of sanctions of criminal law that establishes responsibility for crimes of corruption does not provide for the confiscation of property of the convict as a punishment. This provision does not contribute to the effectiveness of fight against corruption. Therefore, it is proposed to return the confiscation of property to the types of punishment and apply it as a measure of economic responsibility of corrupt officials.
Participation of the defense lawyer in oral argument
Abstract
Considering the court practice, typical violations of the criminal procedure law committed in connection with the participation of the defense lawyer in oral argument, which entail violation of the defendant's right to defense and qualified legal aid, are analyzed.
Analogy of law in contractual relationships
Abstract
The article discusses the analogy of law as one of the main ways to overcome legal gaps in the norms of contract law. The judicial practice of the analogy of law in contractual legal relationships is analyzed. The correlation of the analogy of law with the principle of freedom of the contract is considered.
Dmitry Vasilievich Dashkov and his role in the development of justice bodies of Russia
Abstract
From the emergence of statehood in the territory of Ancient Russia, when the first authorities and administrations, judicial institutions appeared, and up to the present, many events have passed, under the influence of which the justice bodies of Russia were restructured in relation to the specific historical conditions for the existence of the Russian state in different periods. A significant role in the formation and development of domestic justice bodies was played by D.V. Dashkov who was an outstanding statesman, writer, one of the founders of the institute of advocacy and the system of legal education in Russia.
Mechanism of road traffic crime and its criminal significance
Abstract
When elaborating on the criminal, criminological, criminalistic characteristics of a road traffic crime, the analysis of the mechanism for committing this act is of great importance. In this regard, the authors consider the concept and structure of the mechanism of a road traffic crime, the contents of its constituent elements, and the conformities of their interaction. Particular attention is given to the specifics of the reflection of the mechanism under consideration in the criminal law and the practice of its application.
Influence of decisions of the Constitutional Court of the Russian Federation on the development of electoral law
Abstract
The article examines the points of view existing in the legal literature regarding the recognition of judicial practice as sources of domestic law. Specific resolutions of the Constitutional Court of the Russian Federation are given, contributing both to the improvement of electoral legislation and to the development of constitutional guarantees of citizens' electoral rights.