No 3 (2018)

The paper considers the legal regulation and practice of establishing the fact when a person drives a vehicle in a state of intoxication. For such offense, the current Code of the Russian Federation on Administrative Offenses establishes an administrative responsibility, the practical application of which causes many disputes related to the appeal of the decisions on the accountability for crimes. However, most of the disputes arise about the issue of the determination of a state of intoxication that is the main in the characteristics of the considered administrative offenses and is determined in accordance with the notes to the Article 12.8 of the Code of the Russian Federation on Administrative Offenses. The paper draws attention to the legislative vacuum existed until recently and involved the use by the legislator of one indicator of alcohol level and the absence of reference to the maximum allowable level of blood alcohol content in the note to the Article 12.8 of the Administrative Code. It is evidenced by the numerous legal precedents on the issue of at what value of blood alcohol content, the fact of intoxication should be regarded as the established one in the cases when the analysis was carried out not by inhaling air but by taking blood samples. The existed legislative vacuum contributed to the fact that the persons who actually drove a vehicle in the state of intoxication avoided the administrative responsibility that, as a consequence, reduced the level of road safety. The paper analyzes the Federal Law of April 3, 2018 № 62-FZ with regard to the addition of a provision to the Notes to the Article 12.8 of the Code of the Russian Federation on Administrative Offenses that allows establishing the state of alcohol intoxication by the presence of absolute ethyl alcohol in the concentration of 0.3 and more grams per liter of blood. The issues studied in the paper and arising in the practice of establishing the fact when a person drives a vehicle while intoxicated were solved by this Federal law which allows taking administrative actions against the persons who actually drove a vehicle in the state of intoxication.

This paper considers certain issues of using a profiling in social networks for legal reasons. The paper specifies the contemporary problems of communication virtualization, shows the prospects of using the information from social networks in the investigation of the crimes. The authors give the definitions of social networks; describe the international experience of using the information from the social networks in the investigation of the crimes; search for the quickest possible ways of obtaining the information for the analysis and assessment for the psychological profiling of a person of interest. The authors consider the issues of obtaining the information on the appearance characteristics, social-psychological qualities of a person (in particular, psychological type), speech and mimic pattern, the circle of contacts, the place of leisure, etc. in the shortest possible time as these characteristics are the high-information objects of criminalistic observation. It is reasonable to use digital profiling tools to achieve the designated objective. The authors define the concepts of a profiling and digital profiling; give the V.V. Ponomarev’s classification of seven radicals’ psychological types. The paper briefly describes the hysterical radical, paranoiac radical, schizoid radical, emotive radical, anxiety radical, hyperthymic radical, and epileptoid radical. Using the example of hysterical radical, the authors considered the behavior of a person of such type in the social network; in particular, the authors determined special aspects of keeping social network pages, kinds and types of published photos, posts’ content, and activity level in the network both by time and by the coverage of other users’ pages. The authors defined certain parameters and conditions, the analysis of which can help more likely to assign a person to this psychological type and to predict his or her behavior and to select optimal communicative tools to work with him or her.

The paper covers the study of a commercial dispute, its elements, and features that are not explored or insufficiently explored in the modern Russian legislation. The relevance of the research is caused both by the economic significance of the phenomenon of the commercial disputes as the main form of interaction of the entrepreneurs between each other and the state authorities and by the complex and voluminous laws on the order and procedure for such disputes consideration. The goal of the study is to consider the issues of resolution of the commercial disputes between the economic entities through the peaceful settlement procedures as well as through the appealing to the judicial authorities for the defense of violated rights and legal interests.

The author gives the definition of the concept of “commercial dispute”, makes an attempt to distinguish between the concepts of “entrepreneur”, “subjects of economic relations”, as well as an attempt to determine the correct terminology. The approaches to the understanding of the procedure for preparing a claim, a statement of claim, and the conciliation procedures are analyzed. The features of commercial disputes, their classification, and the order of coordination of disagreements are considered.

The paper proposes to consider in more detail the procedures for the peaceful settlement of disputes between the entrepreneurs (negotiations, mediation, settlement agreement, and issuing a claim), the procedure for the judicial consideration of a commercial dispute.

The author analyzed the judicial practice of arbitration courts of the Russian Federation to show how the flow of legal entities’ appeals to the judicial authorities for the conflict situations resolution in a variety of areas of economic activity increased.

The paper contains the options of the commercial disputes consideration and shows the procedure for the contractors to interact with each other to avoid such disputes.

This paper covers the study of the regulatory and legal and organizational aspects of the functioning of the applied in the Russian Federation system of recognition of education and (or) qualification got in a foreign country. The author analyses the procedure and practical experience of recognition of education and qualification in the territory of the Russian Federation and other states and presents the statistical data on the provision of services by the GlavExpertcentre that indicate the annual increase in the number of consumers of the organization. The author carries out the comparative analysis of the procedure for recognition of the education certificates in five foreign countries that allows identifying the non-competitive elements in the native procedure for recognition of education and (or) qualification. It is concluded that it is necessary to reduce the cost of a service and the time it is provided. It is suggested revising the regulations in regards to the necessity to submit the original of an education certificate in most cases requiring legalization in the consulate or through apostille. The author identifies the difficulties in the native law enforcement practice of recognition of education and (or) qualification associated with the change of education systems in foreign countries, the lack of relevant information about them, that makes it difficult to assess foreign documents. The author recommends using the more flexible approach to the assessment of qualifications obtained through the continuous monitoring of foreign educational systems and updated recommendations on the expert evaluation of foreign education documents. Possible additional assessment methods are described involving the provision of the information on the completion of educational or vocational training or on the labor experience in the acquired specialty. The conducted work allows identifying the main problems in the sphere of recognition of education and (or) qualification and proposing mechanisms for enhancing Russia’s competitiveness in this sphere.

This paper considers the significant issue of a criminal procedure – the attachment of the evidential significance of the information acquired from the information resources. The authors show that the current national criminal procedure legislation does not regulate special aspects of the introduction of such information to the evidentiary base. The thesis is substantiated that the lack of appropriate procedural regulation adversely affects the legality of proof when investigating and considering criminal cases, the reliability, and credibility of the acquired evidence. Whereby, it is stated that the needs of the law enforcement practice insistently require the filling of the current legislative gap as the other creates the risk of admission of the acquired evidence as incompetent and, as a consequence, the termination of a criminal prosecution or the entry of a judgment of acquittal. The authors draw attention that the similar procedures are known already and work successfully in other areas of Russian law, for example, in respect to the perpetuation of evidence by the notary officers. In this connection, the authors substantiate the suggestions about the introduction of additions to the Russian Federation Code of Criminal Procedure aimed at the introduction of a new type of survey, more specifically, a survey of the information objects of the Internet network and communication network channels. The authors substantiate as well the key distinctions of the proposed investigative activities from a standard survey of items and documents, which are mainly in the content of a protocol of inspection of the information resources, and consider the problem of provision of personal information about a network user by an organization rendering the Internet access services to an investigator (interviewer). Based on the analysis of current investigation practice, the conclusion is made about its contradiction to the constitutional guarantees for personal privacy established by the article 23 of the Russian Federation Constitution. Reasoning from this fact, the authors suggest protecting by law the possibility of requesting such information only on the basis of a judicial decision obtained under the procedure of the article 165 of the Russian Federation Code of Criminal Procedure.