The prerequisites for the research were formed by a complex collision between the legal nature of... more The prerequisites for the research were formed by a complex collision between the legal nature of proceedings in the jury court and the standard sanitary and epidemiological restrictions. This collision was revealed in the course of the theoretical treatment of administration of justice in the pandemic period. The primary stage of judicial proceedings involving the participation of the jury was highlighted by the authors as a subject of the research – formation of the trial jury, where the said collision appears to be especially acute. The purpose of the study was to search for possible solutions to this collision; the objective – verification of the hypothesis stating that the pandemic situation has engendered a significant modification of the procedural form of trial jury selection. To resolve this problem, the normative approach, along with the method of legal comparative studies, was used: the criminal procedure legislation and the practice of its enforcement in the Russian Fede...
Using authentical law enforcement acts of Russian courts issued in 1912, 1918 and 1947, the paper... more Using authentical law enforcement acts of Russian courts issued in 1912, 1918 and 1947, the paper illustrates the change in approaches in criminal procedural legislation to the form and content of a court decision (a sentence), the peculiarities of its introductory, descriptive-rationale and operative parts. Particular attention is paid to the differences substantiated by the principles of legal proceedings, the circle of participants, the stage structure of the process and other fundamental features of the criminal procedure of a particular historical period. The paper elucidates that the presentation in the narrative part of the verdict of the full text of the jury’s decision and the jury’s responses constitutes the specifics of the decisions reached by the jury in the post-reform period. It is noted that limited data on the personality of the criminal in comparison with the later stages is provided. It is shown that the defendant’s sanity determination was assigned to the jury, r...
A prerequisite of the research of issues covered by this paper is the relevance of the existing p... more A prerequisite of the research of issues covered by this paper is the relevance of the existing problem of collecting and checking personal data of jury members (or jury member candidates) to verify information reported by them at the stage of jury formation. The purpose of this research is to define a link between checking the personal data of jury members and the legal nature of jury proceedings and to find a balance between the need to restrict access need to ensure the legal composition of the court. To address these issues, the paper studies doctrinal approaches of Russian and foreign scientific literature, uses analysis methods, legal-technical and comparative-legal methods. This research has found that collecting and verifying personal data of jury members is typical of Russian and foreign models of proceedings in a jury court. However, a balance between the need of such research and ensuring the independence of jury members in the Russian court practice is not always observe...
The purpose of the study is to analyze the international and national legal regulation of the dig... more The purpose of the study is to analyze the international and national legal regulation of the digital currencies circulation at the present stage, to assess the state of crime with the illegal use of these assets, to identify the features of the investigating such crimes and to substantiate proposals aimed at improving legislation and law enforcement practice. The following methods were used in the research: normative and comparative legal – in the analysis of legislation and practice of seizure and confiscation of digital currencies in different states, to identify the strengths and weaknesses of national approaches, to assess the possibility of their unification and harmonization; phenomenological – in considering the criminal trafficking in digital currency as a phenomenon that requires special methods of detection and investigation; general logical methods of analysis and synthesis, induction and deduction, methods of empirical research and analysis. It was shown that with the r...
Introduction. The spread of coronavirus infection COVID-19 has led to a forced and rapid transiti... more Introduction. The spread of coronavirus infection COVID-19 has led to a forced and rapid transition of educational institutions, including law universities, to distance learning, which has become its predominant and even exclusive form in some periods. The research purpose is to study the features of the transition from traditional to distance learning during the COVID-19 pandemic based on the opinions of students and teachers at a law university. Materials and methods. The survey was attended by the teaching staff and students of Kutafin Moscow State Law University. In June 2020, eighty (80) teachers and sixty-five (65) students and in December 2020 – one hundred and thirty (130) teachers and four hundred and sixty-three (463) students took part in the survey. The survey was conducted remotely using Google Forms. Methods of mathematical statistics were used: descriptive methods (percentages, graphical data presentation), Spearman’s rank correlation coefficient. Research results. Th...
Evaluation of the trends of judicial protections development in accordance with constitutional an... more Evaluation of the trends of judicial protections development in accordance with constitutional and international legal standards is carried out through the prism of analyzing draft laws regulating court procedures and the reform of Russian court system. The author argue that it is not acceptable to limit the right to judicial appeal against the actions (inaction) and decisions of the preliminary investigation bodies and the prosecutor by introducing the obligatory preliminary examination of such complaints by the head of the investigation agency or the prosecutor according to the procedure set by Art. 124 of the Criminal Procedure Code of the Russian Federation. They also criticize the draft law according to which only the introduction and the resolution of the verdict are pronounced on all the criminal cases: if made into law, this will greatly limit the transparency of criminal court procedures and the right of the accused and their defense attorney to appeal the verdict. The auth...
The article is devoted to integrated research of key milestones of criminological and criminal pr... more The article is devoted to integrated research of key milestones of criminological and criminal procedure aspects of knowing the personality of the defendant and to the identification of the existing problem of harmonizing these types of cognitive activities in the administration of justice. The authors stress the differences between the criminological and the criminal procedure interpretations of the personality of the defendant, which are also manifested in the interpretation of its structure. It is shown that the factor integrating the knowledge of the personality of the defendant during judicial proceedings is the inseparable unity of this knowledge with the process of proving. The limits of knowing the personality of the defendant in criminal proceedings are directly dependent on forms of knowing and vary under the influence of their differentiation. The article presents three levels of knowing the personality of the defendant in justice in the criminological and criminal proced...
The prerequisites for the research were formed by a complex collision between the legal nature of... more The prerequisites for the research were formed by a complex collision between the legal nature of proceedings in the jury court and the standard sanitary and epidemiological restrictions. This collision was revealed in the course of the theoretical treatment of administration of justice in the pandemic period. The primary stage of judicial proceedings involving the participation of the jury was highlighted by the authors as a subject of the research – formation of the trial jury, where the said collision appears to be especially acute. The purpose of the study was to search for possible solutions to this collision; the objective – verification of the hypothesis stating that the pandemic situation has engendered a significant modification of the procedural form of trial jury selection. To resolve this problem, the normative approach, along with the method of legal comparative studies, was used: the criminal procedure legislation and the practice of its enforcement in the Russian Fede...
Using authentical law enforcement acts of Russian courts issued in 1912, 1918 and 1947, the paper... more Using authentical law enforcement acts of Russian courts issued in 1912, 1918 and 1947, the paper illustrates the change in approaches in criminal procedural legislation to the form and content of a court decision (a sentence), the peculiarities of its introductory, descriptive-rationale and operative parts. Particular attention is paid to the differences substantiated by the principles of legal proceedings, the circle of participants, the stage structure of the process and other fundamental features of the criminal procedure of a particular historical period. The paper elucidates that the presentation in the narrative part of the verdict of the full text of the jury’s decision and the jury’s responses constitutes the specifics of the decisions reached by the jury in the post-reform period. It is noted that limited data on the personality of the criminal in comparison with the later stages is provided. It is shown that the defendant’s sanity determination was assigned to the jury, r...
A prerequisite of the research of issues covered by this paper is the relevance of the existing p... more A prerequisite of the research of issues covered by this paper is the relevance of the existing problem of collecting and checking personal data of jury members (or jury member candidates) to verify information reported by them at the stage of jury formation. The purpose of this research is to define a link between checking the personal data of jury members and the legal nature of jury proceedings and to find a balance between the need to restrict access need to ensure the legal composition of the court. To address these issues, the paper studies doctrinal approaches of Russian and foreign scientific literature, uses analysis methods, legal-technical and comparative-legal methods. This research has found that collecting and verifying personal data of jury members is typical of Russian and foreign models of proceedings in a jury court. However, a balance between the need of such research and ensuring the independence of jury members in the Russian court practice is not always observe...
The purpose of the study is to analyze the international and national legal regulation of the dig... more The purpose of the study is to analyze the international and national legal regulation of the digital currencies circulation at the present stage, to assess the state of crime with the illegal use of these assets, to identify the features of the investigating such crimes and to substantiate proposals aimed at improving legislation and law enforcement practice. The following methods were used in the research: normative and comparative legal – in the analysis of legislation and practice of seizure and confiscation of digital currencies in different states, to identify the strengths and weaknesses of national approaches, to assess the possibility of their unification and harmonization; phenomenological – in considering the criminal trafficking in digital currency as a phenomenon that requires special methods of detection and investigation; general logical methods of analysis and synthesis, induction and deduction, methods of empirical research and analysis. It was shown that with the r...
Introduction. The spread of coronavirus infection COVID-19 has led to a forced and rapid transiti... more Introduction. The spread of coronavirus infection COVID-19 has led to a forced and rapid transition of educational institutions, including law universities, to distance learning, which has become its predominant and even exclusive form in some periods. The research purpose is to study the features of the transition from traditional to distance learning during the COVID-19 pandemic based on the opinions of students and teachers at a law university. Materials and methods. The survey was attended by the teaching staff and students of Kutafin Moscow State Law University. In June 2020, eighty (80) teachers and sixty-five (65) students and in December 2020 – one hundred and thirty (130) teachers and four hundred and sixty-three (463) students took part in the survey. The survey was conducted remotely using Google Forms. Methods of mathematical statistics were used: descriptive methods (percentages, graphical data presentation), Spearman’s rank correlation coefficient. Research results. Th...
Evaluation of the trends of judicial protections development in accordance with constitutional an... more Evaluation of the trends of judicial protections development in accordance with constitutional and international legal standards is carried out through the prism of analyzing draft laws regulating court procedures and the reform of Russian court system. The author argue that it is not acceptable to limit the right to judicial appeal against the actions (inaction) and decisions of the preliminary investigation bodies and the prosecutor by introducing the obligatory preliminary examination of such complaints by the head of the investigation agency or the prosecutor according to the procedure set by Art. 124 of the Criminal Procedure Code of the Russian Federation. They also criticize the draft law according to which only the introduction and the resolution of the verdict are pronounced on all the criminal cases: if made into law, this will greatly limit the transparency of criminal court procedures and the right of the accused and their defense attorney to appeal the verdict. The auth...
The article is devoted to integrated research of key milestones of criminological and criminal pr... more The article is devoted to integrated research of key milestones of criminological and criminal procedure aspects of knowing the personality of the defendant and to the identification of the existing problem of harmonizing these types of cognitive activities in the administration of justice. The authors stress the differences between the criminological and the criminal procedure interpretations of the personality of the defendant, which are also manifested in the interpretation of its structure. It is shown that the factor integrating the knowledge of the personality of the defendant during judicial proceedings is the inseparable unity of this knowledge with the process of proving. The limits of knowing the personality of the defendant in criminal proceedings are directly dependent on forms of knowing and vary under the influence of their differentiation. The article presents three levels of knowing the personality of the defendant in justice in the criminological and criminal proced...
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Papers by Sergey Nasonov