Law

The Legal State as a Problem of Professional Consciousness of Lawyers

Introduction. There is no sufficient difference in comprehension of the law-governed state in legal literature and research. Focusing on the existing theories of the law-governed state, modern authors of scientific publications and manuals compose lists of features of the “true law-governed state”, “welfare state” as well as their antipode – “police ridden state”. Theoretical analysis. The phenomenon of the law-governed state is existing in the normative ideological, institutional and functional dimensions. Due to the national conditions of development of Russia around the turn of the past and current centuries, a specific institutional design has been formed. Sometimes it does not coincide with the normative character of Russian rule of law depicted in the Constitution of the Russian Federation. Empirical analysis. A sociological study was conducted among law students of the undergraduate program (full-time and part-time). The objective of the study was to establish exactly how students, future qualified employees of law enforcement agencies and public administration bodies, understand what the rule of law is. In total, 90 respondents aged 19–21 were involved. They were asked 5 questions regarding the characteristics of the “legal”, “police” and “social” states and template answers. Of these, respondents could freely and in unlimited number choose ones that are more in line with their understanding of the subject of the survey. Results. The survey revealed that law students quite successfully solve the problem of distinguishing between different types of states. However, they do not see the general direction in which a significant change in the characteristics of the state could give rise to some of its fundamentally new qualities.

Philosophy of Law in the Context of Post-non-classical Science: Methodological Pluralism and the Case of Communicative Theory of Law

Introduction. The article deals with the role of methodological pluralism in the development of the communicative theory of law. The specificity of modern post-non-classical rationality determines the growth of interdisciplinary research, making new demands on the philosophy of law. In this connection, there is a question of the implementation of the principle of methodological pluralism in the communicative legal understanding. Theoretical analysis. The author examines the deductive monometological character of classical types of legal understanding, shows the barriers that block methodological pluralism. The communicative theory of law is interpreted as a post-non-classical scientific theory based on an open polylogue with various social theories and focused on the search for an integrative legal understanding. Empirical analysis. The author shows the work of the principle of methodological pluralism in the theory of communication as a key source of the communicative theory of law. The researcher analyzes the strategy of detailing the basic categorical series of communication theory by its disciplinary areas, including the communicative theory of law. Results. The author has established the methods of theoretical communication of interdisciplinary fields in the communicative theory of law, the prospects for applying the principle of methodological pluralism in the communicative theory of law, its heuristic potential for answering questions about who creates law, what tools ones uses and what consequences for the social system it leads to.

National Mechanism for Judicial Protection of Fundamental Human and Civil Rights and Freedoms in the Context of Federal Relations

Introduction. The Constitution of the Russian Federation contains enough material in terms of proclaiming and implementing a large volume of human and civil rights and freedoms. However, the proclamation is not enough, and, therefore, the state creates a national mechanism of state protection to ensure, if necessary, the restoration of human and civil rights and freedoms. The article offers an analysis of the judicial mechanism of state protection of human and civil rights and freedoms, as the most universal and absolute, in particular, the activities of the Constitutional Court as the highest judicial body carrying out constitutional proceedings for the protection of basic human and civil rights and freedoms, and similar bodies of subjects. Theoretical analysis. The regulation of human and civil rights and freedoms is based on a set of constitutional norms that define them, as directly applicable, regulate the procedure for the implementation of these rights and freedoms, and establish guarantees for their implementation. Constitutional norms, thus, form the basis of the national mechanism for the protection of rights and freedoms. The state mechanism, in addition to constitutional norms, also includes state institutions for the protection of rights and freedoms, created at both the federal and regional levels. Empirical analysis. The right to judicial protection is presented through the analysis of the legal positions of the Constitutional Court of the Russian Federation, in which a logical sequence is built in relation to the right to judicial protection itself, the right to protection from certain acts, actions of public authorities, as well as equality in the exercise of this right in relation to certain persons. Results. The author gives a critical analysis of the limitations of the right to judicial protection, including the right to file complaints with the constitutional justice bodies, and formulates proposals to secure broad opportunities for citizens to appeal to the constitutional (statutory) court.

Development of Environmental Legislation in the United States: Problems and Prospects

Introduction. The article deals with the environmental legislation of the United States of America and the practice of its application. Theoretical analysis. The main acts of environmental legislation of the United States, the experience of the division of powers between the Federation and its subjects (states) in the field of environmental protection, legal practice in the field of ecology, and the structure of the US environmental management bodies are studied. Results. In the United States, for several decades, there has been a developed system of environmental legislation that creates a fairly effective mechanism for managing the environment. The main environmental functions in the United States are performed by the Environmental Protection Agency (EPA). The experience of the United States in delineating the subjects of jurisdiction between the Federation and its subjects, the well-established mechanism of horizontal interaction between the states, and their experience in filling in gaps in Federal environmental legislation is noteworthy. The experience of public environmental associations in the field of environmental protection is also interesting. However, Federal environmental programs often suffer from underfunding, and overcoming environmental discrimination, as shown in the Flint (Michigan) case, remains an unresolved problem, despite all the efforts of the public and the position of the country’s political leadership.

Features of Detection of Handprints on Firearms and Cartridges

Introduction. Firearms and ammunition are traditionally complex objects for fingerprint identification research. Theoretical analysis. The possibilities of modern laboratory methods for detecting handprints on firearms and ammunition are discussed. It is noted that the most effective method is the vacuum deposition of thin metal films, as well as cyanoacrylic acid esters in vacuum. Technology for producing powders. A method for producing silica gel, polystyrene and aluminosilicate powders using a “micromill” is described, and particle sizes of the powder are shown. Experiment. Experiments have been carried out to detect powders of silica gel, polystyrene and aluminosilicate of hand traces on firearms and cartridges for them. Discussion of results. It was determined that the optimal laboratory method for detecting handprints on firearms and ammunition for them is the detection of cyanacrylic acid esters in a vacuum, and silica gel, polystyrene and aluminosilicate powders are effective at the scene, with silica gel being the most suitable fingerprint powder for these purposes.

Possibilities of Integrated Research into Traces and Damages Arising from Application of Electric Shock Devices

Introduction. In the investigation of criminal cases involving the use of electroshock devices (ESD), it becomes necessary to use special knowledge to determine the nature and mechanism of damage to a person’s body and clothing due to electric shock. The specificity of damage formation leads to the use of special knowledge in the form of expert studies. Such studies are possible in the form of a comprehensive forensic medical examination or in the form of a complex of forensic and forensic studies (examinations). Research and results of the study. Research methods for injuries on the human body and on items of clothing that have arisen under the influence of electric discharges of ESD are shown. The paper describes the method of obtaining experimental injuries on the studied garment, as well as the results of a comparative study of the morphological features of the investigated and experimental injuries. The possibility of damage formation on the body of the victim and on the subject of his or her clothes as a single damage with repeated exposure to damaging factors of the ESD is shown. The possibility of establishing a group affiliation of the ESD in accordance with the damage to clothing is shown. Discussion of results. The author highlights the similarity of the methodology (algorithm) for examining traces and injuries on the human body and items of clothing resulting from the use of ESD with the methodological approaches of traditional comprehensive forensic investigations of injuries on the human body and items of clothing.

A Probabilistic Assessment of the Complexes of Combined Traces in Secondary Tracks on Fired Bullets

Introduction. The paper analyzes the effectiveness of the application of the method of successively matching traces (CMS method) and the probabilistic method for substantiating the forensic identity of the overlapping secondary traces on fired bullets. Theoretical analysis. The theoretical foundations of the CMS method and the probabilistic method are considered. It is shown that the second method is formed on the basis of two mutually complementary probabilistic models. Experimental studies of the effectiveness of assessing the uniqueness of the complexes of combined tracks. The studies were conducted for secondary traces with high and low track density (for tracks on bullets fired from PM and AK-74, respectively). Potential trace identity criteria were defined for traces with low track density according to the CMS method. The authors determined the probabilistic criteria for the identity of the compared traces with high and low track density. It is shown that for traces with a low track density, the criterion of potential identity is the probability of random alignment of tracks no more than 5*10-3, and for traces with a high density of tracks the probability is no more than 10-6. Results. The probabilistic method allows you to obtain a quantitative assessment of the uniqueness of coincident features and correctly substantiate a categorical positive conclusion when identifying firearms by traces on fired bullets.

Judicial and Ballistic Examination Information Support

Introduction. Weapons are widely used in crimes. Firearms, firearms of limited destruction seized by law enforcement agencies, gas, pneumatic weapons, cartridges for the specified types of weapons, traces of a shot on various obstacles, fired bullets and other shells, fired cartridges are among the main objects of forensic ballistic examination. Theoretical analysis. Forensic ballistic expertise is carried out strictly in accordance with the expert methods. The effectiveness of solving diagnostic and identification problems depends on the relevance, reliability, availability of reference information on firearms and other weapons, ammunition for these weapons, and other objects. In the process of expert research, various information systems of identification and non-identification (reference) purposes are used. Empirical analysis. The potential capabilities of information systems are not fully utilized due to various circumstances, including: fragmentation, special access to information resources, limited functionality of existing identification ballistic systems, insufficiently effective search algorithms, etc. Results. In order to eliminate these and other circumstances, it is proposed to combine the most relevant and sought-after arrays of information about firearms and other weapons, ammunition to it, and other data relevant to forensic ballistics into a single information system based on automated search tools with the prospect of introducing artificial intelligence technologies expertise.

Research into Morphological Signs Arising When Shooting from Snoothbore Hunting Weapon at Glass from Triplex

Introduction. Automobile windshields act as objects of research in various categories of cases – criminal, civil, etc. The information obtained in the study of such objects is of important evidentiary value. From the forensic point of view, the windshields of automobiles, which are made of triplex and have physico-mechanical and consumer characteristics that are different from ordinary glasses, are of the greatest interest. Theoretical analysis. The article is devoted to the analysis of morphological features that occur when shooting from a smoothbore hunting rifle into the windshield of a car with various types of shells and from different distances. The triplex design implies a special fracture pattern, which is formed by a multilayer structure, moreover, the polymer layer does not allow broken fragments to crumble. The author analyzed the characteristics of the features that allow, with a high degree of certainty, to quickly determine the approximate direction of projectile approach and the distance of the shot. Discussion of results. On the basis of the study of morphological signs that occur when shooting from a smoothbore hunting weapon into a car windshield from triplex, the direction of projectile approach to the glass is determined, as well as the differences in damage caused by different shells and the same shells, but from different distances.

Identification of Similar Images of Breech Face Impressions by the Correlation Cells Method

Introduction. The current task of forensic ballistic identification is to investigate the breech face impressions on the firing cartridge cases. The paper deals with comparison of images of breech face impressions by correlation cells method. Theoretical analysis. Similarity of images of investigated impressions can be established by a method of the correlation analysis. However, this method is ineffective, because the correlation coefficient is dominated by areas that do not contain useful information. To improve the efficiency of correlation analysis, J. Song proposed a method of congruent matching cells. The method of correlation cells is based on this method. The paper presents the algorithm of the method, broken down into the main stages. The first stage includes preliminary processing of the image and splitting it into cells. The second stage is building the distribution of the maximums of correlation coefficients. The third stage is to establish the presence of the cluster in the graph of this distribution. The fourth stage allows to identify areas valid for further work. The method of selecting areas that do not contain breech face impressions is based on finding the autocorrelation function. In the fifth stage, the final value of the correlation coefficient is calculated without taking into account the areas of the analyzed images that do not contain useful information. Experimental research. Two conditions were proposed as criteria for similarity of the breech face impressions. The first one is a high value of the correlation coefficient. The second is the presence of the cluster on the graph of maximum correlation coefficient distribution. The verification of this fact is based on the identification of the likelihood coefficient. Conclusion. The method of correlation cells made it possible to increase the efficiency of the correlation analysis. In the course of the work, the criteria for attributing impressions to the category of similar ones were defined. 

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