Том 12, № 1 (2024)

The mechanism for implementing the constitutional right to qualified legal assistance in criminal proceedings provides for procedural and tactical means used by the investigator and defence lawyer. A study of the practice of using these means when interrogating an accused at the stage of preliminary investigation revealed problems in the implementation of the accused’s right to a meeting with a defence lawyer, to receive brief consultations, etc. The authors propose to approach the solution of these problems from the position of ensuring the rights and legitimate interests of the accused as a participant in criminal proceedings, as well as taking into account the tactical features of interrogation as a method of receiving information significant for the investigation.

The current practice of criminal appeals indicates the imperfection of legislative regulation in the Code of Criminal Procedure of the Russian Federation of this procedure in relation to final court decisions. The authors of the article believe that the reason for this is that the law does not provide for a mandatory judicial investigation in the court of appeal. The introduction of the judicial investigation as a mandatory element of the structure of the trial in the court of appeal will help achieve the objectives of the appeal proceedings, the realization by participants of this stage of the criminal process of their rights and legitimate interests, and ultimately – the achievement of the purpose of criminal proceedings.

The article examines such an important principle of justice as the independence of judges and their subordination only to the Constitution of the Russian Federation and federal law. The provisions of the current legislation that enshrine this principle are analyzed, and guarantees are identified that ensure the practical implementation of the principle. Based on the analysis of statistical data, it was concluded that there are certain difficulties in the functioning of the judicial system of the Russian Federation, which the federal program “Development of the Russian Judicial System for 2013 – 2024” is aimed at eliminating.

The article considers the characteristics of income as an element of crimes in the field of economy. The research reveals a number of difficulties in understanding this element of crime, such as the lack of conceptualization and definition in criminal legislature, the ambiguity of the positions of courts and competent authorities on the issue of determining the amount of income.

The article presents an analysis of the legal framework and methodology of the building of the Union State of Russia and Belarus. The Union State has its own list of normative documents (agreements) that establish the legal basis for building the state structure of the Union State. At the same time, it is noted that the initiative to create and implement the idea of the state formation under analysis should not necessarily be represented in individual sectors of the social system of each state due to the existing differences in their state structures.