No 2 (2020)

Modern statistical data indicate the downward dynamics of corruption crime development, which determines the low effectiveness of the existing methods to prevent this phenomenon. The quantitative and qualitative indicators of these crimes are increasing, and, consequently, there is a need to improve existing and develop new methods of struggling against corruption crimes. The paper considers the criminal law methods of fighting against corruption. Based on the analysis of the current legislation and special literature, the authors propose their definition of the concept of corruption crimes through their characteristics, which include the special subject of crime, the dependence of committed acts on the person’s authority, profit-oriented acts, and the direct intent guilt. This will make it possible to more accurately specify the list of corruption offenses. Many components of corruption crimes indicate the need for their grouping. There are several approaches to solving this problem in the literature, but most of them have significant disadvantages. The authors justify the effectiveness of classification by the subject of a crime, which, due to its simplicity, is the most convenient for perception and use in practice. The problem of the absence of the term “corruption” in criminal legislation remains unsolved. The authors believe that changes to the current structure of the criminal code will negatively affect its application. To the authors’ opinion, the more effective solution is to enshrine the definition of corruption crimes in the Federal Law On Countering Corruption.

The paper deals with the topical issues related to ensuring compliance with moral requirements during such investigative proceedings as a pre-trial examination. The author concludes that the morality of legislative mandates has the greatest importance in the criminally-remedial sphere, which is related to the strict application of public enforcement towards a personality. In this case, the pre-trial procedure is characterized by the active invasion of personal rights and freedoms secured on the constitutional level. In this context, the issue of compliance with moral requirements related to the special procedure of examination provided by part 4 of art.179 of the RF Criminal Procedure Code, when it comes with the exposure of an examined person, becomes topical. As a result of the analysis of the term “exposure” used but not disclosed by the legislator, the author concludes that its explanation is subjective and depends on many factors (education of an examined person, his/her nationality, religion, etc.). Therefore, the author offers an opinion about the necessity to consider the opinion of an examined person when defining a situation requiring the application of a special procedure of examination. The author concludes on the reasonability to take into account the opinion of an examined person about the sexual identity of a doctor who has the right to examine with the exposure of an examined person. It appears to be necessary when solving this issue, to take into account the opinion of an examined person and to perform an investigative action associated with the exposure involving a doctor of the opposite sex only when having the consent of an examined person. Based on the aforesaid, the author suggests introducing amendments to part 4 of Art. 179 of the RF Criminal Procedure Code aimed at the improvement of the practice of examination in the context of compliance with the requirements of the moral principles of the preliminary investigation.

The study of the legal nature of the referendum as an institution of direct democracy is of considerable interest due to the socio-political severity of the consequences of its use. Decisions taken following national referendums in different countries of the world in recent years have repeatedly led to changes in inter-state relations, civil conflicts and economic crises, and changes in the state affiliation of a territory. However, the government ignored some results of referendums, which raised a question about the legitimacy of the decisions adopted or rejected according to their results. The basic idea of the paper is to consider the essence and objectives of the referendum as a nationwide authorization and legitimization of the adoption or rejection of any important and generally significant political solution, thereby complementing the mechanisms of representative democracy. The study identified that in the Russian Federation, referendums took place, which formally could not be considered as such in terms of the current special legislation. The author analyzed the problem of compliance with the content of the concepts of the popular vote, referendum, and plebiscite. The analysis of the practice of organizing referendums in the Russian Federation allowed highlighting such forms of the referendum as a referendum on the nationality of a territory, a constitutional referendum, and a local referendum. A separate issue is the consideration of the nature of voting on the amendment to the Constitution of the Russian Federation of 2020, the determination of the essence and significance of such voting based on the general principles of organizing referendums in the world. The author considers the referendum as an institution that best embodies the basic ideas of democratic political order and that allows both to determine the opinion of the majority of the population on any issue and to authorize the adoption by the authorities of decisions affecting the rights and freedoms of the population concerned. The author concluded that, to the greatest extent, the institution of the referendum is now embodied at the level of local self-government; however, the development of modern technologies and the continuing digitalization can lead to greater applicability of this institution at the nationwide level.

The paper considers the methodological and applied aspects of studying the efficiency of legislative regulation of the stage of initiation of criminal cases as a scientific category. The author assumes that the development of theoretical legal matters related to specifying the conditions and criteria of assessment of such efficiency will make it possible with greater scientific objectivity to forecast trends in the criminal procedure legislation in line with the future pre-trial procedure modernization, to assess the consistency of the institute of initiation of a criminal case in the Russian criminal procedure. The paper presents the author’s definition of the concept of the efficiency of legislative regulation of the initial stage of the pre-trial procedure. The author concludes that in the sphere of legislative regulation of the pre-trial procedure, specifying the parameters of the process of achieving the goal and solving specific tasks of the stage is related to the solution of the issue of possibility to implement measures of criminal procedure compulsion, which should be minimal at the stage of initiation of a criminal case. The author attempted to formulate the main conditions, which, to the author’s opinion, should be taken into account during the current and expected assessment of the efficiency of legislative regulation of the stage of the criminal case initiation. These conditions are determined both by the quality of relevant criminal procedure norms and the social mechanism of their action. Meeting such conditions promotes the optimum selection of legal instruments adequate for current tasks of the stage, taking into account their regulatory potential, acceptability, possible risks and expenses, and the environment parameters.

Currently, they increasingly speak on the urgency of the issue of the development of the culture of the legislative process, the improvement of the quality of the adopted federal laws as it is directly related to the development of Russia as a democratic, constitutional state and generally indicates the level of civilization of Russian society. The authors attempt to define the main problems of the federal legislative process in Russia and to analyze them. Therefore, the authors study the problem of legislative process intensification through the development of cooperation with deputies on the issues of explanation, legal analysis, and improvement of bill drafts; the problem of the absence of communication of legislators with the interests of the population; the problem of constant and stable increase in the number of laws adopted at first reading; the problem of the adopted law term of enactment; the problem of initiating bills, which do not conform with the objective needs of the society and the state, to a legislative body; the problem of recognition and regulatory confirmation of the lobbyism institution; the problem of the legal status of the Council of Federation within the legislative process. The authors conclude that current gaps, problems of the federal legislative process lead to the broadening of the essence of legislation as a conscious, democratic by its nature and thrust activity, which, in its turn, leads to the serious negative consequences in the sphere of state life under the study. The paper presents the ways of overcoming the problems indicated to improve the contemporary legislative process at the federal level.