S. A. Golunsky: lawyer, scientist, diplomat

The article is dedicated to the life, work and scientific heritage of the outstanding Soviet scien-tist-proceduralist, Corresponding Member of the USSR Academy of Sciences, Doctor of Law, Professor Mikhail S. Strogovich (1894–1984). The main stages of the scientist’s professional path are considered: from studying at a gymna-sium and institute to well-deserved recognition as the leader of Soviet criminal procedure sci-ence. The author’s most significant publications are analyzed, which are devoted to the nature of the criminal process, adversarialism, the presumption of innocence, ensuring individual rights and other important issues that arise in connection with the preliminary investigation and trial of criminal cases. Expressed by M.S. Strogovich evaluates the positions from the point of view of their relevance for the development of modern criminal procedure doctrine, modern legislation and law enforcement practice. When preparing the article, materials from personal file were used M.S. Strogovich and other documents from the archives of the Institute of State and Law of the Russian Academy of Sci-ences.

The development of information technology has given birth to cybercrime as a form of modern criminality that challenges the foundations of conventional criminal law. Cybercrime is not only non-territorial and complex, but also has a broad impact on the public, economic, and security interests of the country. This research aims to analyze the normative construction of cybercrime in the Indonesian criminal law system, examine the harmonization of its regulation between Law Number 19 of 2016 concerning Electronic Information and Transactions and Law Number 1 of 2024 concerning the Criminal Code, and identify the challenges of criminal law enforcement in the digital era. The research method used is normative juridical with a legislative, conceptual, and systematic approach. The results of the study show that cybercrime regulation still faces the problem of unclear formulation of delicacies, fragmentation of norms, and potential disharmonization between sectoral laws and national criminal law codification. In addition, cyber criminal law enforcement is faced with electronic proof constraints, limited capacity of the apparatus, and the complexity of cross-border jurisdictions. This condition creates a gap between the normative goals of criminal law and law enforcement practices. Therefore, it is necessary to harmonize and integrate more comprehensive cybercrime regulations so that criminal law is able to provide legal certainty, justice, and human rights protection in a balanced manner in the digital era

Introduction. An important achievement of modern criminal procedure legislation and law enforcement practice is the implementation of international standards and democratic legal institutions concerning the strengthening of guarantees of respect for the rights, freedoms and legitimate interests of participants in criminal proceedings. Among them is the right of a person to receive qualified legal assistance. In this regard, it becomes important to analyse the system of scientific views and studies on the issue of qualified legal assistance and its relationship with the right to protection determined by the Constitution of the Russian Federation, and to determine the main characteristics to which such assistance should correspond. Theoretical analysis. The mechanism of procedural support of the right of a person against whom criminal prosecution is being carried out to receive qualified legal assistance is identified, and proposals are formulated to improve the legal guarantees of ensuring legal activity in its implementation. Empirical analysis. A definition of the right to qualified legal assistance has been developed, which represents the rights of a suspect, accused, or victim to use the help of a lawyer with legal education, who is part of the professional legal community, with a confirmed status, in order to ensure the implementation of the purpose of criminal proceedings – in terms of protecting the rights of victims of crimes – and all components of the right to protection from criminal prosecution and prosecution, which are enshrined in the current legislation at all stages of criminal proceedings. Results. The authors carried out a study on scientific representations of the right to qualified legal aid and the distinction between the right to protection and the right to qualified legal aid.

Construction, as a sphere of the national economy, has impressive statistical indicators, determining the importance and relevance of its proper legal regulation, especially in terms of land use for relevant purposes. This article discusses the current situation in the sphere of provision of land plots for construction purposes, further alteration and termination of the relevant lease relations; provides a detailed analysis of the current legislation, law enforcement and judicial practice in such sphere. The purpose of the article is to analyze and summarize legislation judicial and law enforcement practice in this area, as well as the development of specific directions for a comprehensive dissertation research, proposals for improving the legislation regulating these relations. This goal is achieved by solving tasks such as studying of the existing legal regulation of disputed legal relations, law enforcement and judicial practice, identification of problematic and conflict-of-laws issues in the field under consideration, review of the degree of scientific development of the research topic, determination of trends in the development of this sphere of legal relations, development of specific proposals for changing legislation and law enforcement practice. General scientific (synthesis, system analysis, analogy) and special (formal-legal, comparative-legal) methods are used to solve the above problems. Based on the results of consideration of these issues, the author formulates the main problems of the legal relations under consideration, an assessment of the current degree of scientific development of this field is given, the main directions of the planned scientific research are also outlined, proposals are formulated to improve legislation and law enforcement practice.

Ultimum remedium is one of the principles contained in Indonesian criminal law which says that criminal law should be made a final effort in the case of law enforcement. However, law enforcement through the criminal justice system is currently still dominated by the positivism mindset, a way of (criminal) law enforcement which is only based on laws and regulations. In many cases, Criminal Law is used as the only way of order. The purpose of this research is to describe the concept of Ultimum remedium in criminal law, criminal law enforcement practices in Indonesia, and criminal law enforcement concepts in the progressive law paradigm. This research used a philosophical approach discussing law enforcement idealism in the future. The data used were the qualitatively analyzed secondary data. The research results showed that the Ultimum remedium principle has not been completely implemented in law enforcement. Consequently, the burden for crime settlements got bigger and made the law enforcers busier. The Ultimum remedium principle is supported by various considering bases or grounds from the constitutional law aspect, political science, criminal law, and humanism consideration or human rights. Law enforcement in Indonesia was viewed as stagnant and discriminative law enforcement. It was illustrated as a spider web that can only trap the weak but will be easily torn by the rich and strong. Factors inhibiting law enforcement in Indonesia include weak political will and political action of the state leaders to make law as the commander. The regulations and laws reflect the political interests of authorities more than those of the society. Thus, criminal law enforcement is greatly necessary for the progressive law paradigm. Progressivity is greatly required in law enforcement. Progressive law departs from the humanistic perspective. Thinking progressively means having the courage to get out from the law absolutism thinking mainstream and positioning law in the relative position located in the entire humanistic problems.

Moscow is one of the most dynamically developing regions of Russia, in which a very significant role is played by the issues of management and disposal of city property, especially of land plots. Further development of the economy and urban economy entails the need to change the purposes for which a particular land plot is provided and used, which is formalized by the conclusion of the relevant additional agreements. The purpose of the article is to analyze and summarize legislation, judicial and law enforcement practice on the issue of concluding and state registration of additional agreements to existing land lease agreements, by which the purpose of their provision is changed from the operation of existing buildings to new construction or reconstruction. This goal is achieved by solving tasks such as studying the existing legal regulation of disputed legal relations, law enforcement and judicial practice, identification of problematic and conflicting issues in the area under consideration, determination of trends in the development of this sphere of legal relations, development of specific proposals for changing legislation and law enforcement practices. In solving the above problems, general scientific (synthesis, system analysis, analogy) and special (formal-legal, comparative-legal) methods are used. Based on the results of the consideration of these issues, the author formulates the main problems of the legal relations under consideration, assesses the emerging judicial and law enforcement practice, and formulates proposals for improving legislation and law enforcement practice.

The article is devoted to the features of the implementation of the punitive function of law in modern conditions. The analysis of the development of domestic criminal legislation and law enforcement practice indicates that this development is based on the criminalization of all new forms of socially dangerous behavior and the tightening of legal regulation. The direction of criminal policy, its compliance with the objective interests of the development of society and ensuring the security of the individual, are largely determined by the nature of political power and the type of political regime. The punitive function of law, implemented primarily through criminal repression, must be accompanied by measures aimed at resolving contradictions that give rise to social conflicts.

The article revolves around the nature and the essence of the principles of administrative-law regulation. The basic role of the principles of administrative-law regulation in ensuring the system organization and development of domestic administrative law, administrative legislation, administrative-law doctrine, rule-making activity and law-enforcement practice is revealed. The problem of the lack of a single concept of the principles of administrative-law regulation both in the doctrine of administrative law and in modern legal practice is highlighted. The need to develop a unified approach to understanding the principles of administrative-law regulation, based on advanced achievements of modern jurisprudence and objective realities of legal practice, is substantiated. The primary importance of applying such an approach in administrative law-making and law enforcement, in particular, in jurisdictional activity, is emphasized.
 The most well-known and widespread definitions of the concept of “principles of administrative-law regulation” are analyzed. A conclusion is made about the cardinal differences of modern scientific views on the nature, essence and system of principles of brunch regulation. Such difference does not allow to build a coherent doctrinal concept based on their simple generalization.
 The impracticality of identifying the principles of administrative-law regulation with normative rules, objective regularities of administrative legal relations, grounds for the emergence of such relations, as well as with the principles of public administration (principles of administrative activity) was established. It is emphasized that a comprehensive scientific understanding of the principles of administrative-law regulation should be based on a general theoretical understanding of the principle, as the basic grounds, the original idea, which are characterized by universality, general significance, higher imperativeness and reflect the essential provisions of theory, doctrine, science, systems of national and international law , state legal policy, policy of development of branches and institutions of law.
 The author’s definition of the principles of administrative-law regulation is formulated. An approach is proposed, according to which the principles of administrative-law regulation are considered as: fundamental ideas underlying the development and functioning of administrative law and all its institutions, a system of administrative-legal relations, realization of the rights, freedoms and legitimate interests of their participants, law-making and law-enforcing activities subjects of public authority.

This review reflects the main provisions of the dissertation research by A. V. Kachmazova on the topic «Criminal law counteraction to crimes related to non-enforcement of court decisions», submitted for the degree of Candidate of Law. In particular, the relevance of the presented work, the degree of validity, reliability and novelty of the scientific provisions, conclusions and recommendations formulated in the dissertation, as well as their theoretical and practical significance are determined. Special attention is paid to a number of proposals formulated by the author, the scientific component of which is beyond doubt: definition of the range of norms establishing criminal liability for non- enforcement of court orders; clarified criminal law characteristics of crimes in the field of non-enforcement of court orders; recommendations on the criminal law assessment of the facts of non-enforcement of court orders; substantiation of promising areas for improving criminal legislation and law enforcement practice in the field of execution of court orders. It is concluded that the dissertation research is an independent scientific and qualifying work, which contains the solution of tasks that are essential for the development of criminal law sciences, relevant legislation and the practice of its application.

The subject of the research is the transformation of the subjective aspect of the crime defined by Article 264 of the Criminal Code of the Russian Federation in the context of the introduction of automated vehicle control systems of various levels of autonomy. The evolution of the driver's mental attitude towards the act committed and its consequences is analyzed when management functions are delegated to artificial intelligence, the issue of distinguishing intent from negligence in the context of hybrid control modes is explored, and the phenomenon of distributed responsibility between the human operator and the automated system is examined. The relevance of the chosen subject is determined by the rapid development and widespread adoption of active assistance systems and automation in transportation, which fundamentally changes the mechanisms of interaction between humans and vehicles. Classical criminal law approaches, based on the belief that the driver fully controls the driving process and bears personal responsibility for violations, face new challenges as part of the control functions shift to technical systems. The methodological basis of the study consists of a formal-legal method for analyzing the current criminal legislation and law enforcement practices, a comparative-legal method for studying foreign experience in regulating liability for road traffic accidents involving autonomous vehicles, and a system-structural method for identifying gaps in legal regulation and formulating proposals for improving criminal law. The scientific novelty of the research lies in the conceptualization of a new type of subjective attitude towards the automated control systems that does not fit into the classical dichotomy of "intent-negligence." The necessity of differentiating criminal liability depending on the level of vehicle automation and the mode of control at the time of the offense is justified. Specific proposals are formulated for supplementing the Criminal Code of the Russian Federation with a special provision that provides for responsibility for violations of the rules for operating vehicles with automated control systems, as well as for modifying the conceptual apparatus of criminal law in relation to new technological realities. Based on the analysis of foreign models for regulating liability for traffic accidents involving autonomous vehicles, adapted recommendations for improving Russian criminal legislation are proposed, which significantly increases the practical value of the research and contributes to the integration of Russian legal norms into the global context.

One of the topical directions of the criminal procedure doctrine development, improvement of criminal procedure legislation and law enforcement practice is associated with the search for the most efficient mechanisms of proving in general and work with certain types of evidence in particular, balancing between the achievements of world civilization and long-standing national traditions established in the field of preliminary investigation and criminal trials. The purpose of the study is to define scientific ideas about the nature and procedure of inclusion of evidence in a criminal case as one of legal mechanisms for their collection that determines the possibility for further development of criminal procedure legislation and improvement of law enforcement practice. The methods of the study include the dialectical method of cognition as the main method of scientific research, methods of comparison, system analysis, historical-legal method, method of interpretation of legal norms, as well as formal-logical methods: induction and deduction, analysis and synthesis, analogy, etc. The results of the study make it possible to determine the essence and to design a uniform algorithm for inclusion of objects and documents in the criminal case as evidence that are available for preliminary investigation bodies and the court as ready-made information products.

The article provides a comprehensive historical and legal analysis of the formation and evolution of the institute of criminal liability for goods smuggling on the territory of Ukraine. The study covers the key stages in the development of legal regulation of customs relations, from the earliest forms of cus-toms taxation during the period of Kyivan Rus, through the era of Cossack statehood and the Soviet period, to the modern stage of development of criminal legislation in independent Ukraine. Particular attention is paid to the analysis of regulatory and legal sources that established customs payments, the procedure for moving goods across the border, and liability for their illegal movement, as well as to the transformation of the state’s approaches to understanding the social danger of smuggling. The article analyzes the key legislative changes of 2007, 2011, 2015, 2017, and 2023, which significantly affected the structure of criminal offenses, the subject of smuggling, sanctions, and ap-proaches to property confiscation. Special emphasis is placed on the significance of the Law of Ukraine of December 9, 2023 No. 3513-IX as a stage of re-criminalization of goods smuggling, taking into account the principles of differentiation of liability and legal certainty. It is concluded that the institute of criminal liability for smuggling in Ukraine has undergone a complex evolution conditioned by economic, political, and security factors, and that its current state is characterized by an effort to combine effective protection of the state’s customs interests with guar-antees of the rights and freedoms of participants in foreign economic activity. The necessity of further scholarly analysis and improvement of criminal law provisions, taking into account law enforcement practice and international experience, is substantiated. The purpose of the article is to provide a comprehensive scholarly understanding of the forma-tion, evolution, and current state of the institute of criminal liability for goods smuggling in Ukraine through the prism of historical and legal analysis, as well as to identify patterns in the transformation of criminal law approaches to counteracting this socially dangerous phenomenon at various stages of the development of Ukrainian statehood. In order to achieve this purpose, the article is aimed at studying the genesis of legal regulation of liability for illegal movement of goods across the customs border of Ukraine – from the first forms of customs control and fiscal and punitive measures in the period of Kyivan Rus, through the normative constructions of the Cossack state, the Soviet period, to the modern model of criminal law protection of the state’s customs interests formed under conditions of a market economy, European integration processes, and the legal regime of martial law. Special attention is focused on clarifying the content and evolution of the concept of goods smuggling as a criminally punishable act, analyzing the subject matter, methods of commission, and elements of the relevant criminal offenses, as well as on studying changes in the role of criminal sanctions and property-related measures of influence (in particular confiscation and special confisca-tion) in the system of counteracting the illegal movement of goods. In addition, the purpose of the article is to provide a critical analysis of modern legislative novel-ties introduced into the Criminal Code of Ukraine in 2023, in particular the structural reform of Articles 201, 201–1, 201–3, and 201–4 of the Criminal Code of Ukraine, in order to assess their compliance with the principles of legal certainty, differentiation of criminal liability, proportionality of criminal law intervention, and the balance between protecting the economic security of the state and ensuring the freedom of lawful economic activity. The overall objective of the study is to formulate theoretically substantiated conclusions regard-ing the place and role of the institute of criminal liability for goods smuggling in the system of criminal law of Ukraine, as well as to develop scholarly guidelines for further improvement of criminal legis-lation and law enforcement practice in the context of modern economic, security, and international legal challenges.

Introduction: the article analyzes provisions of the Criminal Procedural Code of the Russian Federation and its impact on the implementation of key legal institutions designed to ensure respect for the rights and legitimate interests of criminal proceedings participants by law enforcement and judicial authorities. Purpose: having studied effectiveness of the amendments made in the CPC and conducted statistical analysis of the results of criminal cases investigation, the author presents shortcomings in the legislation identified by the scientific community and law enforcement practice and proposes measures to improve both certain legal norms of the CPC RF and its procedural institutions in order to ensure constitutional provisions on the state protection of human and civil rights and freedoms. Methods: the researcher used historical, comparative legal and empirical methods for describing quality and legality issues in the investigation of criminal cases; theoretical methods of formal and dialectical logic. Private scientific and legal technical methods, as well as the method for interpreting specific legal norms were applied. Results: the analysis of development of Russian and foreign criminal procedural legislation and law enforcement practice objectively indicates that the absolute majority of the amendments made to the Code contributed to enhancing performance of pre-trial investigation or initial inquiry bodies in implementing the provisions of Article 6 of the CPC. It stipulates protection of the rights and lawful interests of the persons and organizations, who (which) have suffered from the crimes, as well as their protection from unlawful accusations and conviction, and other restrictions of their rights and freedoms. Betterment of the criminal procedural legislation is also aimed at overcoming formalization of its individual provisions and bureaucratization of actions of the inquirer, investigator, prosecutor’s office and judicial community in the investigation and trial of criminal cases. Conclusions: to adapt the modern Russian criminal process to modern realities (new types of crimes and methods of their commission, increased requirements for ensuring legality in activities of pre-trial investigation bodies, their compliance with procedural deadlines in criminal cases and improving investigation quality) it is necessary to make changes in pre-trial proceedings, in particular, to reorganize procedural rules for commencement of criminal proceedings; bringing investigation terms into line with the provisions of Article 61 of the CPC on a reasonable period of criminal proceedings; differentiating investigation forms, etc. All this is focused on improving effectiveness of the fight against crime and its most dangerous types.

On June 3–4, 2022, the All-Russian Scientific and Practical Conference “Criminal Legislation: Yesterday, Today, Tomorrow” was held at St. Petersburg University of the Ministry of Internal Affairs of Russia, dedicated to topical issues of the state of criminal legislation, the practice of its application and the science of criminal law at the present stage. The conference was attended by 105 authors from 31 scientific and educational organizations, 29 Doctors of Law, 51 Candidates of Law, 8 employees of practical law enforcement bodies of the Russian Federation. At the plenary meeting held on June 3, 2022 there was a discussion of the current state of the fundamental categories of criminal law, such as crime and its signs, corpus delicti and individual elements of a crime, release from criminal liability, problems of digitalization of crime, criminal law protection of Russia’s fiscal interests in foreign economic activity; signs of a crime in the practice of constitutional proceedings, approaches to the study of foreign experience in the legislative regulation of necessary defense, and others. During the work of the sections on June 4, 2022, the problems of applying certain norms of the Special Part of Criminal Law were discussed; prospective directions for improving criminal legislation and law enforcement practice were considered.

The paper discusses formation and development of criminal legislation on the subject and subjective signs of the crime in the countries of medieval Europe within the comparative jurisprudence. The authors note that the level of culture and statehood in any society and its government bodies as a whole depends on the attitude of the society and the state to those who committed unlawful, criminally punishable acts. On the materials of criminal law in the Ancient World and the Middle Ages (Ancient Rome, Ancient Greece, etc.) a strict liability was in law-enforcement practice. New states were formed during the Middle Ages. That led to the need of strengthening their authority of state power and statehood. Consequently, the state got the right to protect the interests of the individual and society, and the right to creation a new criminal legislation and its institutions. The church survived after liquidation of many public and state institutions. On the one hand, it contributed to the preservation of scientific achievements of the Ancient World. On the other hand, the church deprived science of free critical attitude to the issues under study. Philosophy and jurisprudence were based on theology. Criminal-legal institutions could be developed only in the direction, which had been approved by the church. Clearly, the idea of protecting the rights of the individual, strict liability and conditions of sanity could not be widely applied. As soon as the states were originated, strict liability was necessary to stop the blood feud and delegation of the judiciary from the society to the state. The obtained knowledge about the world and deeper understanding of the causality of what is happening facilitated the process. From the political point of view, theology (a Christian doctrine) influenced the criminal law policy in Medieval Time. The legislator regulated a range of subjects of the crime. In X - XI centuries, ancient ideas of strict liability were accepted in Europe. Crimes were divided into willful and not deliberate. The principle of the personal guilty is directly related to the subject of the crime. Murderers, rapists, thieves, swindlers and others were declared criminals. Judicial practice of many times and peoples gives us numerous examples confirming the existence of views on the animal as a subject of crime. Age limits of legal responsibility were defined as the minority, which is different from the social maturity, and sometimes old age, were considered the reason for the undisputed crime blamed of a crime to a subject. People under 14 years old could not be subjected to the death penalty, except when "malice can make up for the lack of age". The authors pay attention to the fact that the interests of healthy individuals guided medieval jurisprudence and medicine. They also regulated peculiarities of the healthy individuals’ legal capacity, presence of dementia and mental illnesses, etc. The mitigation of punishment in some cases when the fault of the subject of the crime was absent, fixing the criminal-legal significance of the motive of the crime, intent and some other subjective features in the legislation were a progress. Studies of the Medieval European States shows that the legislator at that time did not formulate general signs of the subject of the crime and did not know the criminal legal concept of strict liability. However, there was a need to solve the problem. Thus, the paper discusses the essence of the criminal legal significance of the сorpus delicti, its place in the criminal law and law enforcement practiceю. The authors used scientific literature of both foreign and Russian