No 1 (2021)

The paper analyzes special norms and provisions of the RF Criminal Code reflecting the specifics of criminal law impact towards such a particular subject as military personnel. The author studies the nature, meaning, and varieties of special criminal law norms. The paper highlights the diversity of such norms and their presence in General and Special parts of the criminal law. In this respect, the author explains that these norms have a dual purpose: they are applied both instead of general norms and along with them, supplementing and specifying them. The author emphasizes the certainty, necessity, and reasonability of special norms and provisions in criminal law. The study pays special attention to military criminal legislation as a special criminal legal institution and a set of special rules and provisions that allows differentiating and individualizing criminal responsibility and criminal punishment of servicemen, taking into account the specifics of their legal status and the tasks they perform in the conditions of military service. The author considers special norms and provisions of the General Part of the RF Criminal Code regulating particular military types of criminal punishment and the procedure for their imposition (Articles 44, 48, 51, 54, 55), as well as the norms and provisions of the Special Part of the RF Criminal Code on crimes against military service (Articles 331–352). Besides, the study identifies close interrelation and interdependence of special norms and provisions of the criminal law with the criminal procedure and criminal executive legislation because they are the elements of a single mechanism of criminal law impact on military personnel, and only their combination ensures the effectiveness of such impact. Based on the analysis, the author formulates the conclusions and proposals to introduce amendments and additions to the RF Criminal Code concerning military criminal legislation. First of all, the author proposes highlighting the section “Criminal liability of military personnel” and the chapter “Features of criminal liability and punishment of military personnel” in the General part of the RF Criminal Code and abandoning the provision of part 3 of Art. 331 in the Special part.

The relevance of the study is caused by the development of the economic system of Russia and legal relations in the business area, as well as by the particular role of joint-stock companies as constituent entities. The retrospective analysis of Russian legislation is necessary to understand the cause-and-effect relations of legislative consolidation of legal norms, which govern the joint-stock companies' activity. The results of such an analysis can contribute to solving the problems of current lawmaking in this field. This paper presents the historical and administrative prerequisites for the establishment of joint-stock business entities in pre-revolutionary Russia. The paper considered the issue of the reception of a joint-stock form of entrepreneurship and analyzed principal legislative acts regulating the questions of defining a legal status and creating joint-stock companies. From the content of the Manifesto of January 1, 1807, the author identified the essential features of a joint-stock company, which, by their nature, correspond to those enshrined in current Russian legislation. The study considered the historical prerequisites of normative consolidation of the principle of limited liability of corporation participants. The author investigates the issues of joint-stock companies establishment and the structure of a Charter as a constituent document; focuses on the insufficient legal regulation of the joint-stock companies activity, which resulted in the increased regulatory role of Charters. The paper analyzes special aspects of normative regulation of joint-stock companies activity in the territory of the Russian Empire, for example, the established limitations. The author concludes on the absence of a clear split of various legal company types and identifies the collision in terms used in legislation to define joint-stock companies. Within the research, the author concludes the existence of continuity of current corporate legislation.

The paper considers the issue of extensive application of local expert collections in forensic expert practice. The study shows that the necessity of extensive application of such collections and other local reference-assistive means occurs due to criminalistics digitalization. The author specifies the concept of local expert collections; proposes to carry out expert collections digitalization according to the matrix principle of the object’s characteristics fixation. The study identified that the practicality of the extensive application of such collections is caused by the network approach introduction to the forensic expert activity. The author proves the applicability of semantic networks to ensure the efficiency of using expert collections. The necessity to overcome the experienced counter-acting the investigation determines the importance of extensive application of digitalized collections. The author implements the technological approach to the expert studies using the specimen copies from expert collections; proposes to support the information provision block in the forensic expert study technologies with references to the local collections stored in a cloud resource. Within the block of assignments for forensic studies, it is offered to provide an initiative comparison of an object under the study with the collection standards regarding falsification or other change in its characteristics. It provides information security measures. Such measures are the collection exchange channel duplication and block-chain technology. The paper presents a validation procedure for expert collections located in network resources of forensic expert institutions. Expert collection validation involves the research activities regarding the adequacy of their digital representation and the expert collections approval in terms of applicability for solving particular expert tasks. Complex application of expert collections represented in digital format supplies digital criminalistics with new forensic investigation resources.

The author describes the conditions and peculiarities of committing corruption-related offenses in the territory of the Republic of Tatarstan and proposes universal methods and tools for detecting corruption crimes in government and management bodies. The paper reflects possible ways to reduce the latency of corruption crimes, among which the author highlights the strengthening of theoretical and legal training of law enforcement officers, the involvement of experts at the stage of a preliminary investigation, the exclusion of the creation of additional structures, bodies, documents in the fight against corruption offenses and crimes. To reduce corruption risks, the author proposes to introduce an open information system of document flow between the law enforcement agencies for receiving appeals about the facts of corruption offences and crimes. The issue of confidentiality and protection of an applicant remains open if the appeal concerns corruption in law enforcement agencies. The author proposes other methods of detecting corruption crimes in government and management bodies by improving operational and investigative activities. The author proposed to supplement part 3.1 of Article 17 of the law “Concerning the State Civil Service” with the words both about the possible business activities (including the activities of a self-employed) of a former state civil servant and the prohibition of such activities for his/her close relatives to exclude the jobbery. It is proposed article 13.3 of the law “Concerning Combating Corruption” should exclude the obligation for organizations to develop anti-corruption documents while maintaining the advisory nature of these actions since the current legislation does not provide for liability for the absence of such documents.

Ecological safety is not a new area of scientific research, however, there is still no single definition of the concept, and no signs and measures to ensure ecological safety are studied. The paper attempts to consider special aspects of the conceptual framework of environmental and technogenic safety enshrined both in domestic and foreign legislation. The author examines the environmental legislation norms, both Russian and foreign enshrining legal security values in this area, as well as the practice of the Constitutional Court of the Russian Federation; analyzes various views on the concept of ecological safety. The research sets a goal to identify differences in the content of categories under the study, which is a prerequisite for the efficient activity of an executor of law in the sphere of provision of corresponding types of safety. The author attempts to develop a unified approach to the understanding of ecological and technogenic safety firstly as scientific categories, which in the future can become the basis for consistent implementation of national security policy in the framework of the legal protection of the environment to balance private and public interests. The novelty of the study is in the conclusions about the scope and content of the concepts of environmental and technogenic safety. As a result of the study, the author formulates the differences in the wording of such categories as ecological safety and technogenic safety, attributes of ecological and technogenic safety, and gives their definitions.