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Juridical science and practice

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Vol 18, No 3 (2022)
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THEORETICAL AND HISTORICAL LEGAL SCIENCES

5-11 433
Abstract

Some initial positions in the study of ethnopolitics in a particular region of the Russian Empire – the western region – are determined, while the interrelation of such categories as empire, multiculturalism, Russification, unification, state unity in the context of the Polish Uprising of 1830–1831 is established. On the basis of legislation and archival materials, the conditions, ideas, directions, stages and means of including the territories returned from Poland into the unified political and legal space of the imperial state are consistently considered. The author asserts the idea and creates the belief that the state unity of the Russian Empire was determined by the historically established conditions of the civilizational order both in the center and in the regions.

12-16 203
Abstract

The article examines the formation of the information service of the criminal investigation authorities in Siberia in the 1920s. The article analyzes the activities of the criminal investigation department to obtain operational information from the criminal environment in conditions of a sharp increase in crime. The authors come to the conclusion that the organization of operational investigative work was difficult, with an acute shortage of funding. The article emphasizes that the work of the information service of the criminal investigation authorities was well staged in the cities. Insufficient operational and agent capabilities in rural Siberia have led to the low effectiveness of the fight against crime in rural areas. In general, the activities of informants of the criminal investigation department increased the effectiveness of the fight against crime. During the period under study, the criminal investigation information service became an important part of the law enforcement system of the Soviet state.

17-22 156
Abstract

The article examines the process of formation and establishment of legislation on the national state structure of the RSFSR at the first stages of the formation of Soviet power. The main ideas underlying the Soviet federation are identified, the forms of their normative consolidation are determined. The main legislative acts regulating the rights of peoples and nations within the RSFSR are analyzed. It is established that the principles of the organization of the Soviet federation provided significant support for the Soviet government from various ethnic groups in its early stages, but laid the prerequisites for a number of negative processes in the future.

PRIVATE LAW (CIVILISTIC) SCIENCES

22-32 196
Abstract

dmatytsin@ya.ru

The article examines the legal instruments that ensure conflict-free execution and execution of investment transactions using information technologies on the Internet. The stages of implementation of a remote investment transaction are highlighted and considered in detail. A set of special conditions and tools has been developed, which, when combined, ensure the prevention of potential conflicts between participants in remote investment deals. It is proposed to use a scheme of a polysubject jurisdictional blockchain, which allows, firstly, to prevent potential conflicts between counter parties, secondly, to manage the objective and subjective risks of the parties, and thirdly, to achieve balance and respect the mutual interests of participants when they make investment deals in the Internet space.

33-42 270
Abstract

Based on the analysis of paragraphs 19 of part 2 of art. 39.6 of the Land Code of the Russian Federation and law enforcement practice, it is concluded that the current version of this rule of law does not provide citizens with a real opportunity to lease publicly owned land plots without bidding for the purposes of haymaking or grazing farm animals for personal needs due to an unjustifiably restrictive interpretation in law enforcement practice of the possible size of the area such sites and the lack of a uniform understanding of the purposes of providing these sites, related to the definition of personal or business needs, which carries a significant risk for already concluded lease agreements to be invalidated. The importance of the allocation of a separate basis in Part 2 of Article 39.6 of the Land Code of the Russian Federation – the provision of a land plot to a citizen for haymaking, grazing of farm animals, as well as the establishment in the legislation of the subjects of the Russian Federation of the maximum size of the area of land plots provided to citizens specifically for haymaking or grazing of farm animals is substantiated; it is concluded that it is necessary to amend the List of documents confirming the applicant’s right to purchase a land plot without bidding, in terms of the obligation to request information about the presence or absence of a citizen of entrepreneurial status.

CRIMINAL LAW SCIENCES

43-50 479
Abstract

The article discusses various approaches to the definition of the concept of “crime detectionˮ. Based on the coincidence of the purpose of the forensic methodology for investigating crimes and the purpose of the criminal process, a new interpretation of the concept under study is proposed. The disclosure of a crime must be proved by the results of the activities of the bodies of inquiry and preliminary investigation. These results should be presented by a system of accusatory evidence for the prosecutor to make a legal, fair and justified procedural decision to transfer the criminal case to court. Thus, there was a statistical criterion for taking into account the detection of crimes.

51-58 171
Abstract

The article examines the peculiarities of the spread and counteraction of the new coronavirus infection in Russian penitentiary institutions. Special attention is paid to the issues of keeping suspects, accused and convicted persons in isolation, as well as related recommendations of the Supreme Court of the Russian Federation. The results of the study of the order and conditions of isolation in Russian penitentiary institutions, together with somatic indicators of the age and health of persons held in them, give grounds for reasonable alarm about the existence of increased risks of the spread of COVID-19. However, practice shows that timely sanitary and epidemiological measures taken by the state and special restrictions of a regime nature in isolation have restrained the spread of the disease. Conclusions are drawn about the need to change some provisions of the Criminal Code of the Russian Federation, the Criminal Procedure Code of the Russian Federation and the penal enforcement legislation to ensure the possibility of urgent correction of criminal policy and law enforcement in conditions of high readiness for natural and man-made emergencies.



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ISSN 2542-0410 (Print)