IKBFU's Vestnik

2020 Issue №1

Parliament and law-making: modern understanding of the role of parliamentary procedures and laws in transforming society

Abstract

The author analyzes the place and role of parliament in today's trans­forming society and investigates the causes of the crisis of parliamentarism, the confrontation between parliament and government in some countries and in others - the widespread "legitimization" of government policy in the sphere of legal norms. The author has identified the reasons for a decrease in trust to parliaments, which no longer play a decisive role in the division of power, be­ing forced aside by the executive authorities. Today the regulatory function of parliament is narrowed to the elaboration of legislation regulating, widely speaking, the standing of both individuals and corporations in all kinds of public relations. The author has proposed to focus the legislative activity of Parliament on the creation of basic norms and principles that outline the framework of public relations rather than elaborating legal acts regulating many spheres at large. The author has reviewed the role of the parliament reg­ulations and rules of procedure in the activities of parliament. It is proposed to to move away from the practice of speedy adoption of laws and to introduce expert support and evaluation of the legislative process in parliament as mandatory elements of the legislative process. The article asserts the need to strengthen the role of expert councils under the committees of the Russian State Duma and the place of the Institute of Legislation and Comparative Law under the Government of the Russian Federation, fixing in the parliamentary regulations and laws, the mandatory nature of their analysis and expertise of introduced bills at the stages of the legislative process.

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Tactics and technology of the analysis of evidence obtained during operational and investigative activity by the defense

Abstract

This article describes the basic principles of operational and investigative activities (OIAs), with a focus on the formation of evidence on the basis of in­formation obtained during the OIAs. The author analyses judicial actions tak­en during court proceedings, which are aimed at the verification of the evi­dence formed on the basis of the information obtained in the course of the in­vestigative activity. The author reviews the main approaches to the analysis of evidence by a defense lawyer and offers tactical and technological recom­mendations for the analysis of this evidence. The author describes possible problems, which participants of criminal proceedings can face during the de­fense.

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