Law

Introduction. The complexity of the objects of legal influence, the enrichment of the theory due to the increment of new knowledge from non-legal spheres raise the question, firstly, about the demarcation of legal knowledge in the Humanities, secondly, about increasing the requirements for the accuracy of the object-subject area and the methodology of legal research, thirdly, about the formalization of legal phenomena in legal practice, finally, about the evaluation of the results of the research, in terms of their practical utility, social relevance. These issues cannot be solved without the application of scientific criteria of legal knowledge. The purpose is to identify a set of scientific criteria necessary and suitable for the standardization of legal knowledge. Theoretical analysis. It is necessary to form a system of disciplinary scientific criteria in law as a tool for assessing legal knowledge, which has a number of features (in particular, state-legal phenomena are complex unique systems, the analysis of which necessarily takes into account political and historical factors, worldview preferences of the researcher, the choice of research methodology, etc., and this increases the subjective moment in their assessment). This fact does not always allow uniform application of universal criteria for the standardization of legal knowledge. Conclutions. The problem of establishing the boundaries of the formalization and materialization of the state-legal phenomena is solved by applying a set of criteria of scientific character, allowing, first, to state the scientific significance of the objects of knowledge, and secondly, to withdraw the legal phenomena of abstraction (the sphere of tacit knowledge) into an object-subject area and give them a categorical status.

Introduction. For a more thorough understanding of Part 5 Article 29 of the Constitution of the Russian Federation, it is necessary to take into account the positions of the Constitutional Court of the Russian Federation on the content of the constitutional prohibition of censorship. Purpose. To carry out the systematization and generalization of the legal positions of the Constitutional Court on problems related to the implementation of the constitutional prohibition of censorship. Results. Decisions of the Constitutional Court of the Russian Federation devoted to the correlation of the prohibition of censorshipand restrictions on freedom of the media are classified into three thematic groups: 1) censorship and restrictions on freedom of the media in order to protect morality, 2) censorship and protection of honour and dignity of the individual, 3) censorship and restrictions on the freedom of information dissemination provided by legislation on countering terrorism and extremism. The Constitutional Court of the Russian Federation states that restriction on freedom of speech, freedom of mass information should not lead to the loss of the factual content of these freedoms. This restriction should use not excessive, but only necessary measures. The explanations of the Constitutional Court of the Russian Federation of the criticism of political organizations, ideological and religious associations; of statements about the possibility of judgment and reasoning, using the facts of interethnic, interfaith or other social relations in scientific and political discussions and texts; of the need to distinguish the dissemination of information discrediting honor, dignity, business reputation from the discussion of the activities of politicians and officials, are aimed at preserving freedom of the mass media. Conclusions. Proposals are made to change the words of the dispositions of Article 3.1of the Federal Law dated July 25, 2002 No. 114 Federal Law “On Countering Extremist Activity” and Part 1 Article 152 of the Civil Code (Part One) of the Russian Federation dated November 30, 1994 No. 51 Federal Law, aimed at legislative consolidation of the positions of the Constitutional Court of the Russian Federation.

Introduction. One of the types of limited-fire barreled weapons (LLW) is the limited liability company created at the manufacturing enterprises of Russia’s limited liability company on the basis of models and models of short-barreled combat firearms (pistols and revolvers), by introducing into the design a sample of short-barreled combat firearms of the factory making changes made by legal replacement of its trunk under a regular cartridge on the trunk (imitator of the trunk) under the cartridge of a traumatic action, or adaptation trunk at regular cartridge for firing a cartridge traumatic preserving other original parts and components (shutter-casing frame of the trigger) of the arms of the sample, with the subsequent certification of the arms as a new model LLW. To models LLW, designed and produced in Russia in this way, it is possible to attribute and OOOP on the basis of a combat rifled short-barreled firearm – a pistol of the Tokarev design of the sample 1930/1933. (“TT – Tula Tokarev”) of caliber 7,62 mm (LLW on the basis of a pistol TT). In the current literature there is practically no data on the structural features of the trunks or imitators of the trunks of the LLW on the basis of the TT pistol and on the morphological features of the traces of the shot and the limiting distances in the detection of the traces of a shot from it on non-biological (tissue) barriers, as a result of which experiments were undertaken to establish the distance of detection of traces of a shot from the barrel of the LLW on the basis of the TT gun, and the study of the patterns of deposition of the shot products on the barrier, depending on t structural features of the trunk of LLW based on the TT gun and other factors (used regular traumatic cartridge). Methods of research. Experimental part. In the course of the work, certain structural features of the trunks of various models of LLW were built on the basis of the TT pistol (MP-81 pistol and the Leader-M pistol), after which the standard models of traumatic action of the corresponding caliber were fired from experimental models tissue targets from various distances from the muzzle of the trunk (or imitator of the trunk) of the weapon to the surface of the target (from 5 to 50 cm) and with the relatively tight contact of the muzzle of the barrel of the weapon with the outside The target is the target. Results of the study. The dependence of the picture of the deposition of the shot products (shot soot and unburned or half-burned particles of gunpowder) on the tissue barrier from the caliber and the design features of the barrel (imitator of the barrel) of the LLW models on the basis of the TT gun with shots from a close distance. Discussion of results. The possibility of producing differential diagnostic studies of gunshot injuries on fabric barriers formed during shots from individual models of LLW based on the TT pistol, depending on the caliber of the cartridge and the structural features of the barrel (imitator of the barrel), with the establishment of a close shot distance in the case of using or using this type weapons, allowing to distinguish them on the basis of these damages. The need to continue research work on the study of structural features of the trunks of other models of LLW based on the TT pistol (pistol “VPO-501 PS – Leader” under the cartridge of the traumatic action 10x32T, equipped with two rubber bullets, pistol TT-T under patron of the traumatic action 10x28T) and especially the formation of gunshot injuries on the fabric barriers for shots from these weapons models.

Introduction. The legislation of the Russian Federation does not provide for the test shooting of smooth-bore weapons by law enforcement agencies. There are no catridge-cases repository of smoothbore weapons because of low criminalistic information, which, in turn, makes it difficult to investigate crimes committed using this type of firearm. The report considers the possibility of introducing catridge-cases repository of registered smooth-bore weapons. Conceptual possibilities for implementing this solution are described. Theoretical analysis. The developed forensic markers are offered as one of the necessary conditions for the implementation of the project for the creation of catridge-cases repository of smoothbore weapons. The considered system of ballistic marking of cartridge cases of smoothbore firearms civilian and service weapons, which is intended for the rapid (operative) establishment of the number copy of the weapon from which it was shot, followed by the identification of weapons by private criminalistic features. Empirical analysis. Experimental studies with forensic markers made using various technical methods have been carried out, and criteria for their effectiveness have been analyzed, which, in an identification study, can identify individualizing criminalistic features. The possibilities of forensic identification of tracks on the cartridge case reflected from forensic markers are examined with the aim of establishing by law enforcement agencies a specific specimen of smooth-bore registered weapons. Results. By introducing criminalistic markers at the legislative level, law enforcement agencies have the opportunity to create a base for criminalistic catridge-cases repository of smoothbore registered weapons, which will increase the effectiveness of investigating crimes using this type of firearm.