Contents of issue # 12/2021

■ INTERNATIONAL SCIENTIFIC AND PRACTICAL CONFERENCE “CRIMINAL LAW AND MORALITY”

Philosophy, Morality, Fight against Crime

Yu. V. Golik

Yury V. Golik
Moscow Academy of the Investigative Committee of the Russian Federation, Moscow, Russia, ygolik@list.ru

Abstract. The article is devoted to the study of the influence of philosophy and morality on criminal legislation and combating crime. It is specially noted that in the modern period of time, without using the foundations of philosophy, it is impossible either to create modern legislation or to properly organize the fight against crime. The author uses the works of domestic and foreign philosophers in this research.
Much attention in the article is paid to acute modern problems, not of a momentary nature. In particular, it addresses the issues of integrity of criminal law, modification of human behavior through the impact on his consciousness, compensation for moral harm caused by crime, digitalization and artificial intelligence, philosophy of postmodernism, murders in schools and the actions of the “fifth column”, the problem of precedent and its use in criminal law. From a philosophical and universal point of view, the research topic is one of the most inaccessible and changeable objects of knowledge. In place of solved legal problem, new one arises, and the achieved peak in legal science opens up new, unknown horizons in it in the form of countless questions, problems of riddles and mysteries. Thus, the area of philosophy and morality studied by the author regarding the fight against crime lies at the intersection of these mysteries, riddles and his task is to uncover them.

Keywords: philosophy, philosophy of law, philosophy of criminal law, morality, criminal law, responsibility

For citation. Golik Yu. V. Philosophy, Morality, Fight against Crime. Journal of Russian Law, 2021, vol. 25, no. 12, pp. 5—13. (In Russ.) DOI: 10.12737/jrl.2021.143

Modern Criminal Procedure through from the Perspective of Spiritual and Moral Grounds of Russian Society

V. V. Doroshkov

Vladimir V. Doroshkov
Moscow State Institute of International Relations (University), Ministry of Foreign Affairs of the Russian Federation, Moscow, Russia, doroshkov.vv@yandex.ru

Abstract. The purpose of the article is to analyze modern domestic criminal justice system from the standpoint of the spiritual and moral grounds of the society, formulated in the Preamble to the Constitution of the Russian Federation and new National Security Strategy, outlining the directions for further improvement of domestic criminal procedure taking into consideration ethical and moral values inherent in the mentality of the Russians.
As a methodological basis of the study the following methods are applied: dialectical method of knowledge, general scientific methods of abstraction, analysis and synthesis, and a direction of philosophical and legal idea, based on the recognition of essential differences between legal and moral and religious regulatory institutions.
The author — by means of analyzing the unified sources of spiritual and moral grounds of humanity — concludes that the Russian society have historically relied on a worldview characterized not only by human solidarity, communal way of life, but also the desire to create a fair society based not on competition and hostility, but on equality and brotherhood of nations. Therefore, the exclusion from the modern law of criminal procedure of the provisions on the establishment of the truth does not meet the criteria of fair justice. As a result of blind copying of the procedural legislation of Western countries, it becomes possible to terminate a criminal case in Russia due to the refusal of the public prosecutor to prosecute despite the objections of the victim. The philosophical category of “form” begins to prevail over “content”, including cases in deciding the admissibility of evidence. There are special procedures for consideration of cases without examination of inculpatory evidence, or in the absence of sufficient safeguards against unjustified conviction of the innocent. The author suggests — while referring to the historical experience of our country, including its Soviet period — to preserve traditional values. The paper defines general directions of scientific inquiry of moral principles in criminal procedure, and specific steps for further improvement of domestic criminal procedure legislation subject to historical experience of our country and moral values of our nation.

Keywords: spirituality, truth, national security, morals, ethics, justice, court, criminal procedure

For citation. Doroshkov V. V. Modern Criminal Procedure through from the Perspective of Spiritual and Moral Grounds of Russian Society. Journal of Russian Law, 2021, vol. 25, no. 12, pp. 14—25. (In Russ.) DOI: 10.12737/jrl.2021.144

Criminality and Criminal Justice Policy

M. M. Babayev, Yu. E. Pudovochkin

Mikhail M. Babayev1, Yury E. Pudovochkin2
1, 2Russian State University of Justice, Moscow, Russia
1babaevmm@yandex.ru, https://orcid.org/0000-0003-1656-2529
211081975@list.ru, https://orcid.org/0000-0003-1100-9310

Abstract. The criminal justice policy as a part of national criminal policy is influenced by an integral complex of social, political, criminological factors, among which a special place is occupied by criminality, which is both the basis of policy formation and the main object of its efforts. Meanwhile, the mechanism of influence of criminality on the criminal justice policy — despite the well-known thesis about its criminological causality — remains insufficiently researched in theoretical and instrumental relations. This not only contributes to the preservation of unjustified cliches in science about the direct relationship between criminality and criminal justice policy, but also misrepresents ideas about the goals of the criminal justice policy and blocks its development.
The main problems of the research are to characterize the influence of dynamic and social characteristics of criminality on the content and orientation policy in criminal justice sphere based on the application of a holistic complex of modern methods of scientific cognition (analytical and statistical methods, modeling, typologization).
In result we receive the following: a) cyclical trends in the growth and decline of criminality do not significantly affect the level of repressiveness or liberality in criminal justice policy, which depends more on political than criminological impulses; b) the assessment of the danger of criminality by the legislator and the court is a related, but different level of assessment, which does not coincide in its results, which leads to the natural absence of a direct dependence of criminal justice policy on the political sentiments of the parliament; c) differences in the assessments of criminality functions arising from the conceptual constructions of Durkheim and Foucault have the most significant impact on criminal justice policy, determining its goals and content.

Keywords: criminal justice policy, justice, criminality, functions of criminality, public danger of criminality, dynamics of criminality

For citation. Babayev M. M., Pudovochkin Yu. E. Criminality and Criminal Justice Policy. Journal of Russian Law, 2021, vol. 25, no. 12, pp. 26—40. (In Russ.) DOI: 10.12737/jrl.2021.145

Ethical Justification of the Criminal Penalties System

A. V. Serebrennikova

Anna V. Serebrennikova
Lomonosov Moscow State University, Moscow, Russia, serebranna@hotmail.com, https://orcid.org/0000-0002-1064-4171

Abstract. The moral component of criminal punishment is concluded for the purposes of punishment: the restoration of social justice, the prevention of crimes and the correction of the convicted person. The need to individualize punishment as a just measure, from the standpoint of moral principles and humanism, retribution for a socially dangerous, guilty, illegal criminal offense committed within the limits of sanctions established by law, taking into account the nature and degree of danger of the crime committed, the identity of the perpetrator, the circumstances provided by law as mitigating or aggravating liability, are of fundamental importance in criminal law. Humanism is manifested in the imposition of such punishments that take into account the individual characteristics of the crime and other circumstances of the criminal act committed. The goals and objectives of the study are the need to consider the system of criminal penalties from the perspective of the implementation of moral principles in it.
The article uses both general scientific methods of analysis, synthesis, deduction, induction, and the method of interpretation of legal norms, which together make it possible to more effectively analyze the institutions of criminal law and determine the directions of development of the system of criminal penalties.
As a result the characteristic of the systemic nature of punishments in the Russian criminal legislation is given. Conclusions are drawn and substantiation is made about: the special significance of the moral purpose of criminal punishment, the presence of moral principles in the system of criminal penalties. It also concludes that the system of criminal penalties is considered from the standpoint of the implementation of moral principles in it. The characteristic of moral principles as a criterion for the effectiveness and individualization of the appointment of criminal punishment by the court is substantiated.

Keywords: punishment, convict, moral impact, social justice, retribution, correction

For citation. Serebrennikova A. V. Ethical Justification of the Criminal Penalties System. Journal of Russian Law, 2021, vol. 25, no. 12, pp. 41—46. (In Russ.) DOI: 10.12737/jrl.2021.146

Criminal Liability of Family Members (Close Relatives) of a Criminal in the Context of the Relationship between Law and Morality

G. A. Vasilevich

Grigory A. Vasilevich
Belarusian State University, Minsk, Belarus, Gregory_1@tut.by

Abstract. The article analyzes Russian and Belarusian legislation on criminal liability of close relatives and family members of a person — who has committed or has been preparing a crime — for failure to report a crime or concealment of a crime. The Criminal Codes of the Russian Federation and the Republic of Belarus provide for the exemption from liability of these persons for non-reporting a crime, and responsibility under the Belarusian Criminal Code for concealing a crime. It is emphasized that in the system of human values, the Constitution and international legal acts emphasize human life. The article draws attention to the fact that the degree of public danger of non-reporting depends not only on the severity of the crime, which has not been reported to the relevant authorities, but also on the nature of the inaction committed by the non-informer. When reporting an impending crime, there is a real opportunity to prevent its commission, thereby preventing harm to objects protected by law, and failure to report the preparation of a crime prevents the formation of the order necessary for the full exercise of human rights and freedoms. It is important to observe a differentiated approach to establishing responsibility for the specified non-reporting and non-reporting of the crime committed when the harmful consequences have already occurred. We believe that it is precisely for the purposes of public interest that the responsibility of close relatives (family members) for not promised concealment in advance is excluded. This is due to a pragmatic approach: the criminal can have fewer motivations to commit new crimes in order to obtain shelter, food, etc. The fight against particularly serious crimes, especially terrorist manifestations, deserves some rethinking of established dogmas.

Keywords: criminal liability, close relatives, morality

For citation. Vasilevich G. A. Criminal Liability of Family Members (Close Relatives) of a Criminal in the Context of the Relationship between Law and Morality. Journal of Russian Law, 2021, vol. 25, no. 12, pp. 47—52. (In Russ.) DOI: 10.12737/jrl.2021.147

The Category of “Morality” in the Context of the Tasks of Criminal Law

Stanislav L. Nudel

Stanislav L. Nudel
Institute of Legislation and Comparative Law under the Government of the Russian Federation, Moscow, Russia, crim@izak.ru, https://orcid.org/0000-0001-6699-5694

Abstract. The article — based on doctrinal approaches to the definition of criminal policy — analyses modern trends in the formation and implementation of the tasks of criminal legislation.
The purpose of the study is to develop theoretical provisions on the tasks of the criminal law within the framework of the mechanism for improving criminal policy and criminal legislation in the field of protecting universally recognized public values from criminal encroachments. When implementing this goal, special attention is paid to solving problems related to the issues of criminal law protection of morality in the context of constitutional norms on the restriction of human and civil rights and freedoms, defining morality as an object of protection with attribution of its provision to the tasks of the Criminal Code of the Russian Federation.
Research methods: dialectical method of cognition, general scientific methods of abstraction, analysis and synthesis, comparison and generalization, as well as special legal methods (comparative legal, logical legal, etc.).
Conclusion: the protection of morality as a task of criminal law is to ensure the safety of these relations from criminal encroachments by establishing criminal liability and imposing certain obligations by criminal law norms and granting certain rights to law enforcement officers.

Keywords: morality, Constitution of the Russian Federation, criminal policy, tasks of the Criminal Code of the Russian Federation, object of criminal law protection, object of crime, punishment

For citation. Nudel S. L. The Category of “Morality” in the Context of the Tasks of Criminal Law. Journal of Russian Law, 2021, vol. 25, no. 12, pp. 53—60. (In Russ.) DOI: 10.12737/ jrl.2021.148

Review of the International Scientific and Practical Conference “Criminal Law and Morality”

D. A. Pechegin, E. V. Yamasheva

Denis A. Pechegin, Ekaterina V. Yamasheva
Institute of Legislation and Comparative Law under the Government of the Russian Federation, Moscow, Russia, crim.conf@izak.ru

Abstract. On September 29, 2021, an international scientific and practical conference “Criminal Law and Morality” was held at the Institute of Legislation and Comparative Law under the Government of the Russian Federation with the participation of the Association of Lawyers of the Countries of the Black Sea-Caspian region. During the Conference, the most pressing issues of taking into account the moral principles enshrined in the Constitution of the Russian Federation in the formation of criminal policy, the development of criminal, criminal procedural and criminal executive legislation, as well as in the context of the implementation of an integral system of protecting the rights and legitimate interests of persons involved in the sphere of criminal proceedings.
The article presents an overview of the reports of the participants of the plenary session — leading representatives of Russian and foreign legal science, heads of state authorities: T. Y. Khabrieva, I. M. Ragimov, A. I. Bastrykin, I. M. Matskevich, I. I. Rogov, U. Hellmann, etc. The overview also presents the main ideas expressed by the speakers and participants in the discussions that took place in the framework of the following breakout sessions and round tables: “Anthropological approaches to the study of the problems of crime and punishment”; “The moral foundations of law in historical discourse”; “Perspectives of international criminal law and moral imperatives”; “Moral values: in the norms of criminal law”; “Spiritual and moral foundations of criminal proceedings”; “Moral guidelines and their influence on the personality of a criminal”; “Ethical aspects of criminalistic, forensic-expert and operational-investigative activities”; “Moral, ethical, spiritual foundations of the development of the penal system”; “Legal education and the moral foundations of the formation of a criminal law lawyer”.

Keywords: criminal law, morality, ethical norms, crime, punishment, criminology, forensics, expertise

For citation. Pechegin D. A., Yamasheva E. V. Review of the International Scientific and Practical Conference “Criminal Law and Morality”. Journal of Russian Law, 2021, vol. 25, no. 2, pp. 61—77. (In Russ.) DOI: 10.12737/jrl.2021.149

■ CIVIL AND FAMILY LAW. ENTREPRENEURIAL LAW

Individualism, Collectivism and Capitalism within the Framework of Modern Civil Law of Russia

E. V. Bogdanov

Evgeniy V. Bogdanov
Plekhanov Russian University of Economics, Moscow, Russia, Bogdanov.de@yandex.ru

Abstract. The current state of society and civil legislation in Russia make it necessary to study such fundamental types of worldview as individualism and collectivism in order to identify their influence on the development of capitalist society and the formation of civil legislation. The purpose and objectives of the study are to establish the origin and development of these types of worldview, their interaction and interdependence, the impact on capitalist society and the determination of the prospects for individualism and collectivism in Russia.
The study is carried out on the basis of general scientific interdisciplinary methods, that is, common to the civil law, philosophy of law, theory of law, sociology (e.g. historical method, dialectical method, logical method) and specific methods for each of these sciences: formal legal, comparative legal, structural functional, concrete historical, etc.
The author of the article substantiates the conclusion that individualism is gradually losing its significance in society and is increasingly being replaced by collectivism. The importance of collectivism in economic activity is especially great. This tendency should be developed and taken into account in the legislation, in particular, by attracting employees to the management of corporations, providing conditions for the creation of people’s enterprises, etc. Individualism, collectivism and capitalism should be brought into the framework of modern civil law. In this regard, the basic principles of civil legislation require a revision, proceeding from the fact that Russia is a social state. In Article 1 of the Civil Code of the Russian Federation, it is necessary to additionally consolidate the principles of justice and solidarity, and to correct the beginning on the unimpeded exercise of rights, indicating that civil rights are exercised in accordance with their purpose and in compliance with the requirements of the law. In article 2 of the Civil Code of the Russian Federation, it is necessary to add that entrepreneurial activity is carried out both in the interests of the entrepreneur and society. In the Civil Code of the Russian Federation, it is also necessary to indicate the existence of collective property in Russia.

Keywords: individualism, collectivism, capitalism, fairness, solidarity, collective property, public (employee-owned) enterprise, entrepreneurial activity

For citation. Bogdanov E. V. Individualism, Collectivism and Capitalism within the Framework of Modern Civil Law of Russia. Journal of Russian Law, 2021, vol. 25, no. 12, pp. 80—97. (In Russ.) DOI: 10.12737/jrl.2021.150

The Institution of Bankruptcy and Its Role During Socio-Economic Crisis

I. I. Shuvalov

Igor I. Shuvalov
State Development Corporation “VEB.RF”, Moscow, Russia, pr_shuvalova@veb.ru

Abstract. The article is devoted to the analysis of the institution of bankruptcy and the identification of its role during socio-economic crisis. The author examines the doctrinal positions on the institution of bankruptcy, examines private and public interests in the procedures for declaring a person bankrupt, as well as their correlation. As a result the author comes to the conclusion that the current bankruptcy rules do not allow to fully determine what the interests of the state are in bankruptcy, it is also difficult to establish their priority. It is noted that at various stages of recognition of a business entity as insolvent and then bankrupt; the state pursues various goals, which makes it possible to differentiate public interests at the micro and macro levels.
The state’s participation in bankruptcy relations is realized through a set of methods, tools, rules with regulatory and control content, but the predictive and process-controlling activities of the authorized state bodies in the field of economics, including the bankruptcy of legal entities, are not sufficiently manifested. Of course, it is not always possible to predict the onset of a socio-economic crisis, nevertheless, the state should respond in a timely manner to advance, if possible, prevent the situation from deteriorating and take all measures aimed at minimizing the consequences of socioeconomic crises. During this period, a clear response and understanding of further actions are required from the state.
Positively assessing the innovations of the current legislation in terms of establishing the possibility of declaring a moratorium on the initiation of bankruptcy proceedings at the request of creditors, the author formulates generalizing conclusions and, in particular, notes that the mobility of the boundaries between the spheres of private and public interests through legal regulation allows maintaining the necessary balance taking into account various factors, including during the socio-economic crisis. Therefore, the private interests of specific entities in bankruptcy relations can be transformed into public interest.

Keywords: institution of bankruptcy, private and public interests, balance of interests, socioeconomic crisis, anti-crisis measures, moratorium on initiation of bankruptcy cases

For citation. Shuvalov I. I. The Institution of Bankruptcy and Its Role During Socio-Economic Crisis. Journal of Russian Law, 2021, vol. 25, no. 12, pp. 98—107. (In Russ.) DOI: 10.12737/jrl.2021.151

Legal Construction of the Civil Legal Agreement for Embryo Cryoconservation and Storage

A. V. Yarosh

Artur V. Yarosh
Blood Center named after O. K. Gavrilov, Moscow City Health Department, Moscow, Russia, Hsoray@yandex.ru

Abstract. Most married couples, faced with infertility, increasingly began to turn to medical organizations for medical care with the use of assisted reproductive technologies. The development of these technologies leads to the creation of new legal relations, which in turn are subject to legal regulation. In this regard, the author proposes to consider the problematic issues that arise with the determination of the further fate of embryos stored in a medical organization. The analysis of judicial practice shows how versatile the rights of spouses / partners are defined in a civil law contract to order an embryo undergoing cryopreservation. The need for further dynamic development of contractual structures used in the provision of medical care using assisted reproductive technologies is also substantiated.
The goals and objectives of the study are to highlight the problematic issues related to determining the further fate of embryos stored in a medical organization with the subsequent justification of the need to include the developed elements in a civil contract for cryopreservation of an embryo with subsequent storage concluded between a medical organization and a patient (i.e.). The article also raised the issue of appropriate spending of budgetary funds, including compulsory health insurance funds, on assisted reproductive technologies.
Research methods: analysis, synthesis, modeling, comparative legal.
The result of the research is the main elements of the contract for the provision of services for cryopreservation and storage of the embryo proposed by the author.

Keywords: medical organization, assisted reproductive technologies, reproductive cells, married couple, genetically parents, donors, contract, embryo cryopreservation, embryo storage

For citation. Yarosh A. V. Legal Construction of the Civil Legal Agreement for Embryo Cryoconservation and Storage. Journal of Russian Law, 2021, vol. 25, no. 12, pp. 108—119. (In Russ.) DOI: 10.12737/jrl.2021.152

■ LABOR LAW AND SOCIAL SECURITY LAW

Certain Issues of Establishing the Limits of Legal Regulation of Public Relations in the Field of Education

V. Yu. Matveev

Vitaly Yu. Matveev
Institute of Law and Management, Moscow City University, Moscow, Russia, MatveevVU@mgpu.ru

Abstract. Establishing the limits of legal regulation of public relations in the field of education is an important task, since on the one hand, such an establishment should ensure an optimal balance between the rights and interests of the collective and the individual, and on the other hand, prevent violations of either individual or collective rights within the framework of educational programs.
The purpose of the article is to consider the permissible limits of establishing requirements for students’ clothing, as well as the existing practice in the subjects of the Russian Federation on this issue.
Conclusions: since the Law on Education does not contain a definition of the term “clothing”, the content of this term is widely understood in the acts adopted on its basis. The establishment of requirements for students’ shoes in the regulations of the Subjects of the Russian Federation is unacceptable. In the existing practice, it is not uncommon to establish requirements for the appearance of students, which is also unacceptable, since it violates their rights and goes beyond the limits of regulation established by law. On the contrary, the establishment of prohibitions on the wearing of religious clothing and attributes is the implementation of the principle of the secular nature of education and does not violate the law, which is confirmed, among other things, by the position of the Supreme Court of the Russian Federation on this issue. Among the problems within the framework of the topic under consideration are the shortcomings of the legal mechanism that forces students to fulfill the established requirements for clothing.

Keywords: legal limits, requirements for students’ clothes, appearance, rights of students, students’ responsibility

For citation. Matveev V. Yu. Certain Issues of Establishing the Limits of Legal Regulation of Public Relations in the Field of Education. Journal of Russian Law, 2021, vol. 25, no. 12, pp. 120—131. (In Russ.) DOI: 10.12737/jrl.2021.153

■ PROCEDURAL LAW

Features of Prejudice in the Framework of Criminal Proceedings in Cases of Economic Crimes

O. V. Makarova, E. V. Yamasheva

Oksana V. Makarova1, Ekaterina V. Yamasheva2
1, 2Institute of Legislation and Comparative Law under the Government of the Russian Federation, Moscow, Russia
1crim@izak.ru, https://orcid.org/0000-0001-7725-9246
2crim2@izak.ru, https://orcid.org/0000-0002-6605-5915

Abstract. Currently, the trend of all modern legal systems in the world is the growth of economic crime, and Russia is no exception. Moreover, the level of Russian economic crime is significantly higher compared to global indicators. The strategic planning documents note that in order for the Russian Federation to move to a new level of economic development and improve the quality of life, it is necessary, among other things, to reduce the crime rate in this area. The Russian legislator has taken measures to maintain a favorable business, entrepreneurial and investment climate in the country by introducing additional substantive and procedural guarantees to ensure the rights and legitimate interests of entrepreneurs brought to criminal responsibility in cases of entrepreneurial and other economic crimes. However, new trends have emerged in economic crime, among which we can mention the use of legal procedural tools to achieve non-legitimate goals. Most often, such a legal instrument as procedural prejudice is used for illegal purposes, when a court decision in a civil case that has entered into legal force becomes the basis for committing an economic crime and vice versa.
The purpose of the article is to identify new trends in the development of the institute of prejudice, its impact on the Russian economy, as well as a general assessment of the prospects for its further implementation.
Research methods: general scientific (analysis and synthesis, induction and deduction, system analysis) and methods of legal science (including literal, systematic, teleological and historical interpretation of legal norms).

Keywords: prejudice, economic crimes, criminal procedure law, judgment, procedural principles

Acknowledgments. The reported study was funded by RFBR, project number 20-011-00500.

For citation. Makarova O. V., Yamasheva E. V. Features of Prejudice in the Framework of Criminal Proceedings in Cases of Economic Crimes. Journal of Russian Law, 2021, vol. 25, no. 12, pp. 132—140. (In Russ.) DOI: 10.12737/jrl.2021.154

■ INTERNATIONAL AND INTEGRATION LAW

Legal Status of the Caspian Sea: History and Current Status

O. I. Ilinskaya

Olga I. Ilinskaya
Kutafin Moscow State Law Academy, Moscow, Russia, oilinskaya@mail.ru

Abstract. The collapse of the Soviet Union did not lead to a change in the status of the Caspian Sea. It continued to belong to two states: The Russian Federation, as a continuator (legal debtor) of the USSR, and the Islamic Republic of Iran. This caused serious contradictions between Russia and the new Caspian littoral states over the use of the water area, the bottom and the subsoil of the Caspian Sea. In violation of the existing status of the Caspian Sea, the new Caspian states seized the most developed and promising areas of it, which was opposed by Russia and Iran. To solve such problems, it was necessary to establish a new legal status of the Caspian Sea, taking into account the interests of all the Caspian states.
The purpose of the article is to conduct a legal analysis of the Convention on the Legal Status of the Caspian Sea in 2018 to identify provisions that may have multiple interpretations, and therefore cause certain difficulties in their practical application. The article also presents the facts of violations by the new Caspian states of the agreements defining the status of the Caspian Sea, and the reaction of Russia and Iran to them, analyzes the reasons for the unlawful demands for concessions made to Russia during the development of the draft Convention.
When preparing the article, the author used various methods of scientific research in a complex: historical-legal, systemic, structural, functional, formal-legal analysis.
The work initiated by Russia on the draft Convention on the Legal Status of the Caspian Sea, which took place with the participation of representatives of all the Caspian states, was carried out from 1996 to 2018. Despite the controversial provisions, it should be noted the unprecedented success of Russian diplomacy in the adoption of the Convention, which prevented the deployment of foreign military bases in the Caspian Sea and the navigation of ships not under the flags of the Caspian states.

Keywords: Caspian Sea, Convention on the legal status of the Caspian Sea, natural resources, Caspian littoral states, international law

For citation. Ilinskaya O. I. Legal Status of the Caspian Sea: History and Current Status. Journal of Russian Law, 2021, vol. 25, no. 12, pp. 141—156. (In Russ.) DOI: 10.12737/jrl.2021.155

■ JUDICIARY AND LAW ENFORCEMENT

Constitutional Modernization and Prosecutor’s Supervision over the Observance of Human and Civil Rights and Freedoms

V. B. Evdokimov, N. A. Igonina

Vyacheslav B. Evdokimov1, Nadezhda A. Igonina2
1Institute of Legislation and Comparative Law under the Government of the Russian Federation, Moscow, Russia, vevdokimov@mail.ru
2Research Institute, University of Prosecutor's Office of the Russian Federation, Moscow, Russia, igonadezhda@yandex.ru

Abstract. The scientific article contains a look at the system of functions of the prosecutor’s office, the place in it of the function of supervision over the observance of human and civil rights and freedoms, which was first designated as an independent function of the prosecutor’s office in Article 129 of the Constitution of the Russian Federation.
The purpose of this study is to develop scientific provisions that have theoretical and applied significance for the formation of fundamental scientific knowledge about the system of supervisory functions of the prosecutor’s office, about a separate function of the prosecutor’s office-supervision of the observance of human and civil rights and freedoms.
The achievement of this goal was facilitated by a retrospective analysis of the legislation, scientific views on the functionality of the prosecutor’s office, which allowed us to trace the path of evolution of the prosecutor’s office: from the supervision of citizens that took place before 1992, to the constitutional consolidation of supervision over the observance of human and civil rights and freedoms in 2020. The analysis of the constitutions of foreign countries was the basis for the conclusion that there is a human rights principle in the activities of the prosecutor’s offices in the world.
Based on the results of the study, a model of the system of supervisory functions has been developed, reflecting the vision of integrating the constitutional function of supervision over the observance of human and civil rights and freedoms into the general system of supervisory functions of the prosecutor’s office, which is presented differently from the so-called “traditional” system. The place of a separate independent function of prosecutor’s supervision was taken by two most important independent constitutionally established supervisory functions: supervision of compliance with the Constitution of the Russian Federation and the execution of laws and supervision of the observance of human and civil rights and freedoms. The two above-mentioned constitutionally defined functions “permeate” each of the supervisory areas (branches, sub-sectors, sub-functions) to one degree or another both in the criminal law and outside the criminal law spheres. The results of the scientific search will serve as a basis for improving the legislation on the prosecutor’s office, the most effective implementation of its human rights potential.

Keywords: supervision over the observance of human and civil rights and freedoms — a constitutionally defined function of the prosecutor’s office, human rights mechanisms, the evolution of supervision, the system of functions of the prosecutor’s office

For citation. Evdokimov V. B., Igonina N. A. Constitutional Modernization and Prosecutor’s Supervision over the Observance of Human and Civil Rights and Freedoms. Journal of Russian Law, 2021, vol. 25, no. 12, pp. 157—170. (In Russ.) DOI: 10.12737/jrl.2021.156

■ LEGAL LIFE. CHRONICLE

To the 80th Anniversary of the Outstanding Russian Scientist-Ethnologist, Member of the Russian Academy of Sciences V. A. Tishkov  Pdf 16

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