Возбуждение уголовного дела: учебно-методическое пособие
Even though Russia’s new Code of Criminal Procedure of 2001 had from the very beginning contained the article titled ‘Preclusive Effects,’ it was not until a decision by the Constitutional Court of 2008 that the doctrine of issue preclusion was, in its proper sense, reinstated in Russian criminal law, barring facts definitively established in a civil trial from relitigation in criminal proceedings. Despite heavy criticism that came down on the Constitutional Court for what was seen by law enforcement agents as unwarranted judicial activism, the Russian Parliament soon amended the article in line with the interpretation offered by the Court. This, however, did not end the controversy as critics raised a valid point: an automatic transfer of facts from civil proceedings with a priori more lenient requirements of proof is likely to distort outcomes, harming defendants, the prosecution, and, ultimately, societal interests. This article will turn for apotential solution to common law, which has been able to avoid this problem by clearly distinguishing between different standards of proof applicable in civil v. criminal litigations. It will be shown, using the United States as an example, how courts can effectively use issue preclusion to pursue a number of legitimate objectives, such as consistency of judgments and judicial economy, with due account for the interests of parties in proceedings. At the same time, issue preclusion appears an inappropriate and ineffective means to combat arbitrariness of the judiciary – the end which Russia’s Constitutional Court and law makers arguably had in mind when introducing the doctrine into Russian law.
As one of the main directions of the fight against crime at the present stage of social development, the author positions the need to combat crimes committed using computer and network capabilities. He considers the fight against them to be an international problem, since measures to prevent, detect, uncover and investigate such crimes can not be effective only at the national level, because of the transnational and transcoder nature of the Internet. Taking into account the continuous increase in the number of its users, which naturally causes their dependence on the information community and the vulnerability of all kinds of cyber attacks, a scientific analysis of the current state of detection and investigation of crimes of this kind is made and recommendations are formulated to improve the effectiveness of this activity.
The collection of articles “Actual problems of preliminary investigation and inquiry in modern conditions of development of criminal procedure legislation” was prepared by a team of authors following an interdepartmental scientific-practical conference “My profession is an investigator” dedicated to the 55th anniversary of the preliminary investigation service in the system of internal affairs Moscow University named after V.Ya. Kikoty April 19, 2018
the Article is sanctified to research of criminal judicial and attended with them criminally-executive problems existence of that is caused by the lacks of the normative adjusting of judicial activity on the transmission of convict, for leaving of punishment for the state of their citizenship. On a background consideration of corresponding judicial procedures and generalization of points of view of scientists on essence and legal nature of this activity, authors establish existence of row of theoretical, legal defects; offer the own decision of concept "Transmission of convict"; formulate her fundamental differences from delivery of convict.
The collection of scientific papers contains materials of the All-Russian Scientific and Practical Conference "Development Trends of the Modern Criminal Procedure Law of the Russian Federation" held in the Moscow Regional Branch of the Moscow University of the Ministry of the Interior of the Russian Federation named after V.Ya. Kikoty March 22, 2018.
The article is devoted to a particular form of freedom of assembly — the right to counter-demonstrate. The author underlines the value of this right as an element of democratic society, but also acknowledges the risk of violent actions among participants of opposing demonstrations. Due to this risk, the government may adopt adequate measures restricting the right to counter-demonstrate, certain types of which are analyzed in this paper.
Development of standards of international controllability is reviewed in the article. Institutional approach is applied to development of international legal regime of Energy Charter. Definition of controllability is connected to development of international standards of dispute settlement, which are described in the article in detail. In connection with controllability, Russian interest, defense of investment in European Union and ecological investment encouragement, is reviewed in the article.
мировое управление и управляемость, Мировая экономика, международное экономическое право, энергетическая хартия, International control and controllability, International economics, international economic law, Energy Charter
международное частное право; недвижимость; ; школа бартолистов; бартолисты; теория статутов; статуарная теория/