The humanities and social science

2022 Issue №1

Heritage aspect of personal insurance

Abstract

The relevance of the presented study lies in the active process of reform­ing domestic civil legislation, and in particular, the rules of insurance. A number of proposals for changing the current legal regulation, formulated in the Concept for the Development of the Provisions of Part Two of the Civil Code of the Russian Federation on Insurance Contracts, naturally need a thorough doctrinal assessment. Such proposals also include the hereditary as­pect of personal insurance highlighted in the Concept (paragraph 1, clause 2, article 934 of the Civil Code of the Russian Federation). The purpose of the study is to interpret, given the provisions of the doctrine of civil law, foreign legislation and law enforcement experience, the provisions of paragraph 1 of paragraph 2 of Article 934 of the Civil Code of the Russian Federation, which establishes the right of the heir of the insured person to receive insurance payment after his death. Conclusions. The term "heir" used in Article 934 of the Civil Code of the Russian Federation should be determined based on the provisions of Section V of the Civil Code of the Russian Federation only in a subsidiary manner, which rejects the possibility of including insurance pay­ment in the estate of the insured testator. Welcoming the general vector of the Concept and the positive potential of the changes proposed by it, it seems that with the support of the interpretation proposed in the framework of the study and its consolidation at the level of acts of the highest court, there is no need to make appropriate changes to Article 934 of the Civil Code of the Russian Fe­deration.

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A five-year way from the first departmental forensic medical examination to the systematic state forensic expert activity

Abstract

The article considers the main milestones of the formation and develop­ment of forensic medical expert activity in the structure of the Investigative Committee of the Russian Federation. Following a series of articles, the cur­rent one highlights the most significant cases of individual investigative ac­tions with the participation of a specialist in the field of forensic medicine. The five-year practice has been re-examined: from the first forensic medical exami­nation in 2015 to the establishment of state forensic institutions of the Inves­tigative Committee of the Russian Federation.

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The best interests of the child in the context of criminal procedure policy

Abstract

The novelties of the Criminal Procedure Law of the Republic of Belarus show the commitment to introduce child-friendly technologies in practice. However, studies show the lack of consistency in the identification of Criminal Procedure policy for minors. Reforming the legal status of minors in criminal proceedings could be more effective in the case of a system-forming basis.

The international legal principle of the best interests of the child could be the foundation of the criminal procedure policy for minors, ensure the system­atic development of the Criminal Procedure Law, and contribute to combating crime. The study of implementing the principle requires the application of sys­tematic, comparative legal analysis and formal-legal methods.

As a result, it is possible to determine the features of the criminal proce­dural policy for minors, taking into account the principle, as well as ways for further improvement of legislation. Nonetheless, the issue of legal recognition of the principle is debatable.

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