Russian Criminal Legislation Research Articles

The purpose of the crime: the criminal-legal significance and correlation with the motive

The subject of the study is the norms of Russian criminal legislation containing the objectives of the crime, materials of judicial practice, as well as scientific works of scientists dealing with the issues of the criminal legal significance of the purpose of the crime and its correlation with the motive. The purpose of the study is to formulate scientifically based conclusions regarding the criminal legal significance of the purpose of the crime and its correlation with the motive. Research methods: the research is based on the dialectical method of cognition, the formal legal method, as well as methods of analysis, synthesis, induction and deduction. The object of the study is public relations in the field of criminal law regulation of the purpose of the crime. The main results of the study: the purpose of the crime is a complex category, which is revealed in three meanings. The conclusion is substantiated that the purpose of the crime is an indicator of the social danger of the crime and the identity of the perpetrator, and therefore acts as a means of differentiation and individualization of criminal responsibility. Theoretical conclusions on the correlation of motive and purpose are formulated. The correct definition of the purpose of the crime contributes to the most accurate qualification of the deed, the definition of penalties or other measures of criminal legal impact. In addition, the definition of a goal can help to establish the determinants of criminal behavior, helps to investigate the personality of the offender in the most depth and develop measures to prevent individual crimes.

Features of Criminal Liability of Persons Involved in a Special Military Operation

The conduct of a special military operation has led to changes in many spheres of life of Russian society. A natural consequence of these processes was the reform of certain branches and institutions of legislation, including the provisions of criminal law. The separate law providing for the specifics of criminal liability of participants in a special military operation has been replaced by relevant legal norms. Currently, special grounds for exemption from criminal liability and punishment are provided for this category of persons who have committed crimes. Due to the novelty of such legislative prescriptions, there is a need to conduct a legal analysis of the norms provided for in Articles 781 and 802 of the Criminal Code of the Russian Federation. These novelties of the Russian criminal legislation are subject to theoretical understanding, on the basis of which ways to increase the effectiveness of criminal law regulations on exemption from criminal liability and punishment of participants in a special military operation are to be developed. As a result of the conducted criminal law study of the norms establishing the grounds and conditions for exemption from criminal liability and punishment of participants in a special military operation, their socio-legal essence was determined, their relationship with related norms and institutions was revealed, recommendations and explanations on the application of these norms were formulated, as well as potential directions for improving criminal legislation were outlined in this area. In particular, the reasonableness of clarifying the analyzed norms among the persons to whom the application of the relevant provisions is permissible is justified.

Определение уголовно-процессуальной правосубъектности несовершеннолетних: постановка проблемы

The article presents research findings on a critical issue regarding the protection of the rights and legitimate interests of minors involved in criminal proceedings, focusing on the challenges related to their criminally-remedial legal personality, its theoretical definition, and legislative regulation. Also, the article provides an analysis and comparison of the concept of “legal personality” in Russian criminal and sectoral legislation. The author examines various scholarly perspectives on the definition of the criminally-remedial legal personality of minors in criminal proceedings. Legal provisions that guarantee the protection of minors’ rights and legitimate interests are reviewed, along with an analysis of their practical implementation. In conclusion, the article identi-fies issues within Russian legislation that require more detailed study and offers potential solutions to the out-lined problems based on the materials discussed.

Differentiation of responsibility for crimes against the person: evolution in Russian criminal legislation

The subject of the study is to consider the issues of the evolution of Russian criminal legislation in terms of the differentiation of responsibility for crimes against the person. As the materials of the study, criminal law monuments of national history were selected, in the content of which the differentiation of responsibility for crimes against the person was carried out. The article presents a historical and legal review of the main sources of criminal law of the X-XX centuries in terms of the approach reflected in them to the differentiation of responsibility for crimes against the person and analyzes the formation of an appropriate mechanism of criminal law protection. Using the example of the monuments of Russian criminal law of the X–XX centuries, the features of the construction of qualified and privileged elements of crimes against the person, the ways of their construction and presentation in the text of the criminal law are considered. To conduct an objective and comprehensive review of the chosen topic, the article used such general scientific and private scientific methods as analysis, generalization, historical, formal legal, comparative legal. The novelty of the study lies in the fact that, taking into account the retrospective approach, the historical experience of the formation of the institution of differentiation of criminal liability for attacks on life, health, freedom, honor, dignity and other protected values is traced and the process of consistent regulatory and legal registration of differentiating criminal liability features is reflected. In conclusion, the author concludes that the process of constructing differentiating criminal liability features dates back to the legislation of Ancient Russia, and their subsequent regulation maintained a certain continuity throughout the development of Russian criminal legislation. The differentiation of responsibility, despite its long history, currently remains the main method of criminal law policy, the application of which, including to the crimes under consideration, requires further reflection and improvement.

Evolution of the Concept of Vagrancy in Russian Legislation (from the Second Half of the 17th to the First Half of the 19th Centuries)

This article focuses on the evolution of the concept of vagrancy in Russia during the period between the second half of the 17th to the first half of the 19th centuries. A set of legislative acts defining vagrants as a separate social group are analyzed. The stages and causes that underlie the transformation of the concept of vagrancy in the state discourse of the Russian Empire are singled out, systematized, and described. A qualitative shift in the Russian state’s perception and understanding of vagrancy as a multifaceted phenomenon is revealed. Based on the results obtained, it is shown that the evolution of vagrancy unfolded in three stages. In the first stage (from the second half of the 17th to the first quarter of the 18th centuries), this concept had no legal status. In the second stage (from the second quarter to the end of the 18th century), vagrancy was gradually introduced into the official legal space of Russia. The third stage (the first half of the 19th century) was marked by the criminalization of this concept in Russian criminal legislation. The key indicators of this process were the introduction of the passport system, the discussions circulating in the Russian public around the status of fugitive people, the recognition of people «who do not remember their kinship» as a social group, and the efforts to curb poverty. The conclusions drawn contribute immensely to the development of historiographic research, as the concept of vagrancy and its formation have escaped the attention of most scholars and remain insufficiently explored.

DIRECTIONS FOR IMPROVING THE LEGISLATIVE REGULATION OF BEATINGS IN THE LIGHT OF COUNTERING DOMESTIC VIOLENCE

The analysis of changes in the Russian criminal legislation establishing responsibility for the commission of beatings is carried out in terms of their impact on the prevention and counteraction of domestic violence. The inconsistency of the legislator in adopting these changes has been revealed, which is a consequence of the lack of consistency in the legislative regulation of countering domestic violence, insufficient use of the potential of criminological science in the legislative process. The analysis of statistical data for 2016-2022 allowed us to conclude that the latency of family and domestic crime has increased due to the decriminalization of single beatings against loved ones, as well as the artificial latency of torture (Part 1 of Article 117 of the Criminal Code of the Russian Federation). Based on the results of the analysis of the empirical base, the authors concluded that the commission of serious domestic violence is preceded by the infliction of beatings and minor harm to the victims and convicts. The suppression and prevention of beatings as a crime with double prevention is a prerequisite for an effective fight against the grave consequences of domestic violence. It is proposed to return the criminalization of single beatings against close people, expanding this concept by including other close people in addition to relatives and relatives.

Russian Criminal Procedure to Protect the Rights and Legitimate Interests of Entrepreneurs

The article discusses changes in Russian criminal procedural legislation related to criminal proceedings on crimes in the economic sphere committed by entrepreneurs in connection with their entrepreneurial or other economic activities. It is noted that these changes are due to the general policy of the state aimed at increasing the economic activity of the population and accelerated economic development of the country as a whole. In this regard, the author provides critical statements by the country’s leaders regarding the current law enforcement practices. The article consistently sets out individual institutions of criminal procedural law affected by these changes. Thus, the features of initiating criminal cases for certain crimes in the economic sphere classified as cases of private-public prosecution are described. The general rules for conducting investigative actions, including those related to the seizure of electronic storage media in cases of this category, are described. Considerable attention is paid to the selection of preventive measures against entrepreneurs and general restrictions on the use of detention against them. Special grounds for termination of criminal prosecution of entrepreneurs in connection with their compensation for damage are described. The author notes that the process of improving legislation in this area is far from complete and will continue depending on the needs of practice.

Genesis of the Institution of Accusation

The issues of accusation have always attracted the attention of both law enforcement officials and scientists. In the modern Russian criminal procedural legislation, the accusation has undergone changes, but its essence and significance do not lose relevance and still attract the attention of scientists and practitioners. This is due to the development of the adversarial principle, under which the function of the prosecution must be separated from the function of the defense. The use of information technology should guarantee the collection of not only incriminating, but also exculpatory evidence, based on the purpose of criminal proceedings. In this regard, questions are being considered about the possible development of the institution of accusation in the conditions of digitalization. Of particular interest is the analysis of legislation taking into account its development in retrospect. Studying the positive legislative experience of some foreign countries is also of some interest, since this experience can be used to improve Russian legislation.

Artificial Intelligence in the Context of Criminal Law Risks

Relevance. The growing digitalization of society, leads to the emergence of new forms of socially dangerous behavior (socially dangerous activity). In many ways, such criminal and legal risks are caused by the involvement of the phenomenon of artificial intelligence in various spheres of human activity. During the operation of artificial intelligence, it is also possible to exert harmful effects on artificial intelligence itself and (or) its carrier, which, from the standpoint of the current criminal law, may not always receive an unambiguous qualification.The purpose of the study is to identify criminal law risks existing in the context of artificial intelligence and formulate scientifically based conclusions regarding the prospects for the development of domestic criminal law and legislation.Objectives: to identify the key criminal law risks associated with the exploitation of artificial intelligence; to check whether artificial intelligence has the properties necessary for criminal personality; to identify possible options for criminal law assessment of harm caused by the exploitation of artificial intelligence; to establish the sufficiency of criminal law resources to protect artificial intelligence itself from socially dangerous behavior.Methodology. The methodological basis of the research was the universal dialectical method of cognition of phenomena and processes of the surrounding reality. During the development of theoretical and applied provisions of the work, a set of general scientific and private scientific research methods (formal logical, predictive, formal legal, etc.) was also used.Results. The prospects for the development of criminal law and criminal legislation of Russia in the context of the problem of artificial intelligence directly depend on the level of scientific and technological achievements in its programming and operation.Conclusion. The modern potential of artificial intelligence precludes raising the question of its criminal legal personality mainly due to its lack of ability to mentally perceive its own socially dangerous activity, which is a prerequisite for criminal liability. The developer of the corresponding program or the operator of the artificial intelligence carrier device must be responsible for causing harm to interests protected by criminal law in connection with the exploitation of artificial intelligence.

State and prospects of development of the Russian criminal legislation

The current version of the Criminal Code of the Russian Federation contains a number of defects of a technical, systemic and criminal-political nature. This is not enough to adopt a fundamentally new Criminal Code, because the current state of Russian society does not require changing the conceptual foundations of criminal legislation based on the Constitution of the Russian Federation. When preparing a new version of the Criminal Code of the Russian Federation, it is necessary to carry out a complete revision of its General and Special parts in order to identify and eliminate defects, modernize the norms of Military Criminal Law in accordance with the principle of full codification of criminal legislation, and resolve the issue of recognizing or denying the death penalty as a type of criminal punishment by constitutional and legal means. According to the author, the actual ban on the use of the death penalty was carried out by the Constitutional Court of the Russian Federation incorrectly.

Ответственность за подлоги в России (досоветский период)

The emergence of criminal liability for forgery is a rare case when it stems from the subject of the crime, and not from its object. This is natural for Russian legislation, since for a long time there was no clear division into branches of law. Purpose. The purpose is to show the development of criminal liability for forgery in Russian criminal law. Methodology. The methodology includes the use of comparative historical, formal logical and statistical methods. Results. The following types of forgeries were distinguished in the criminal legislation of Russia: political, official, judicial, military, managerial, outrageous (rebellious), quarantine, religious. Of particular interest is identity forgery (imposture). Conclusion. A historical overview of the responsibility for forgery in pre-Soviet Russia allows us to take a fresh look at the existing practice of protecting individuals, society and the state from creating false documents for their socially dangerous use in public relations.

УГОЛОВНАЯ ОТВЕТСТВЕННОСТЬ ЗА ПРЕСТУПЛЕНИЯ ПРОТИВ СОБСТВЕННОСТИ В ЗАКОНОДАТЕЛЬСТВЕ ТУРЕЦКОЙ РЕСПУБЛИКИ: СРАВНИТЕЛЬНО-ПРАВОВОЙ АНАЛИЗ

A comparative analysis of the provisions of Turkish and Russian criminal legislation was carried out, on the basis of which a number of author’s conclusions were made about the specifics of the legislative construction of the crimes under study. The article considers the features of the criminal legislation of the Turkish Republic, establishing the liability of criminals against property. Unlike the Russian Federation, the Republic of Turkey, in addition to the Criminal Code, applies other special laws containing criminal law norms. The features of the criminal legislation of the Turkish Republic are analyzed, both in general and in individual norms establishing liability for crimes against property. The systematization and types of crimes against property are considered. The study of the issues of criminal – legal assessment regarding crimes against property made it possible to reveal the features of the qualification of crimes against property. A comparative analysis of the criminal legal structures of liability for theft in the criminal legislation of the Turkish Republic has somewhat different ideas about this or that form of theft than the criminal legislation of the Russian Federation. The article analyzes aggravating and mitigating circumstances of theft, the importance of specifying the conditions and place of the theft, as well as some qualifying signs of the items of theft themselves.

International legal issues and problems of implementation in the field of maritime transport safety: review and constructive theses

The work examines various aspects of international legal regulation of maritime transport safety through the analysis of the international legal mechanism of such, assessment of the challenges and threats emerging in modern times. The problems of the implementation of international legal norms in the field of maritime transport safety in Russian criminal legislation are considered, on the basis of which measures are proposed to improve and bring to compliance with the norms of law. In order to organize effective legal security in maritime transport, it is necessary to summarize the international regulatory framework for countering threats to maritime transport security; identify current trends in maritime transport security; substantiate the author's proposals for improving legal regulation in the field of maritime transport security organization. The solution of these tasks is identified by the author in the system of norms of international legal regulation of safety in maritime transport, as well as in the consideration of the international legal mechanism and the problems of implementing the norms of international maritime law in domestic legislation to ensure safety in maritime transport. The main heuristic means and methods used in research are complex and systemic varieties of scientific analysis and synthesis of data, analogy of information and characteristics, the method of advancing and verifying theoretical and legal hypotheses, generalization of conceptual provisions, functional cognition, historical and formal legal methods. The main scientific results of the work include the fact that the author has revealed the dynamics of the development of the legal mechanism for ensuring safety in maritime transport and verified its periodization, established an international legal mechanism for ensuring safety in maritime transport, and separated threats to safety in maritime transport. The scientific significance of the study is that it has formed a system of scientific international legal knowledge reflecting the contradictions between the needs of practical safety in maritime transport and the possibilities of its legal regulation in modern conditions, as well as possible ways to eliminate it. It is recommended to introduce the main scientific results of the conducted research into the process of teaching legal disciplines of transport and other educational organizations, as well as for further research.

Issues of Criminal Liability of Legal Entities in the Works of Scientists of the Institute of Legislation and Comparative Law under the Government of the Russian Federation

The Institute of Legislation and Comparative Law under the Government of the Russian Federation (ILCL) is the only scientific legal institution in Russia that has been conducting crosssectoral research on issues of criminal liability of legal entities for many years. In the context of the scientific and legal assessment of corporate criminal liability, the author examines the works of scientists of the Institute published in the Soviet and post-Soviet periods of the development of domestic jurisprudence. The article describes the research of international documents containing recommendations on the introduction of criminal liability of legal entities, as well as provides models of this kind of liability in the legislation of some foreign countries. The features of the responsibility of legal entities for certain types of crimes, such as corruption, economic and entrepreneurial orientation, are revealed. The purpose of the study is to analyze the formation and development of scientific ideas about the criminal liability of legal entities in their relationship with changing socio-economic relations and political processes in society, to identify on this basis trends in the development of corporate criminal liability and to predict possible options for the implementation of this institution in Russian criminal legislation. The methodological basis of the research is the dialectical method of cognition, general scientific methods of analysis, synthesis and abstraction, and special legal methods. The results obtained and the main conclusions. In the works of scientists of the Institute, the nature and types of criminal liability of legal entities, on the one hand, are considered from the point of view of historical retrospect, on the other hand, they are revealed as a direction of development of criminal legislation, which has experimental models of approbation in the jurisdictions of many foreign countries. The essence of the institution of criminal liability of legal entities is to apply sanctions to these entities in criminal procedure for committing acts provided for by national criminal codes or other laws. At the same time, legal entities can be recognized as subjects of a crime, and only as subjects of criminal liability. In turn, sanctions for them can be both criminal penalties and other measures of a criminal nature. The legislative consolidation of such responsibility in Russian law will not require fundamental changes in it. The doctrinal foundation for substantiating the relevant legislative decisions is the works of scientists from the ILCL.

DISTINCTION OF INSTIGATION AND PuBLIC CALLSTO COMMIT CRIMES IN THE CRIMINAL LAW OF RuSSIAXX–XXI CENTuRIES

Throughout the XX–XXI centuries, the Russian criminal legislation, along with traditional provisions on instigation, contains norms that provide for independent (outside the framework of complicity) responsibility for public calls for the implementation of criminal activity. The article analyzes the views of the Russian theory of criminal law on the correlation of instigation with public incitement to commit specific criminal acts in the Criminal Code of 1903, counter-revolutionary and anti-Soviet agitation and propaganda provided for by Soviet criminal laws, as well as public calls for criminal activity in the current Criminal Code of the Russian Federation. The existence of these norms in different historical periods is explained primarily by the actual limits (to a greater or lesser extent) of complicity and inchoate crimes. The expansion of the range of punishable acts primarily pursues the goal to protect the existing state system, public order and security. At the same time, the limits of such criminalization and the distinction between incitement and public appeals cannot be determined by a simple technical opposition of their features, but must be established by understanding the very concept of public appeals to commit certain criminal acts. The difficulties observed today in their differentiation are not in the least connected with the changing legislative constructions throughout the century, which predetermines the interest in their historical analysis.

Socio-legal nature of drug-related crimes in modern international and Russian law

The high level of drug addiction in modern society requires the Russian Federation and the international community to coordinate measures aimed at countering the illicit trafficking of narcotic drugs and similar substances, for which it is important to develop unified approaches to determining the socio-legal nature of drug crimes. It has been established that in order to understand the social and legal essence of drug crimes, a systematic analysis of the nature and degree of their social danger is necessary, which, first of all, is associated with the object (including the subject) and the objective side of drug crimes. It is shown that, unlike the national criminal legal system, in international law there is no special indication of the object of criminal acts. In addition, international anti-drug law does not provide for the division of objects of crimes «vertically». It is possible to draw a conclusion about the content of the object of these encroachments in international law based on the text of the preambles of the relevant international legal sources. It has been proven that the main object of drug crimes under international law should be recognized as «human health». It has been established that Russian criminal legislation provides for a much wider list of subjects of drug crimes than in international law, both in terms of the number of narcotic drugs and the number of psychotropic substances. To effectively combat illicit trafficking in narcotic drugs and similar substances, it seems advisable to provide in international law for the offenses of theft and extortion of narcotic drugs and psychotropic substances, as well as violations of the rules for the circulation of narcotic drugs and similar substances, since the conventions do not contain analogues in the list of punishable acts this crime, which leads to gaps in international legal regulation. It is concluded that in order to effectively combat illicit trafficking in narcotic drugs and similar substances, it is necessary to fully harmonize the approaches of international law and domestic criminal legislation in this area.

CONSTITUTIONALITY OF THE INSTITUTION OF CRIMINAL PROCEDURAL PREJUDICE

The authors considered the institution of criminal procedural prejudice and its compliance with the Constitution of the Republic of Kazakhstan, as it has a multidimensional holistic nature, arising in order to establish the circumstances to be proved in criminal proceedings. The study reveals the role, place and content of prejudice in criminal proceedings in Kazakhstan based on the study of law enforcement practice and analysis of legislation of foreign countries. Some problematic situations arising from the application of prejudice in criminal proceedings, as well as issues of implementation of new regulations on prejudice in criminal proceedings, are considered. The authors recognize prejudice as an established means of solving problems arising in the judicial and investigative practice in the legal field. It is noted that despite the noticeable influence of Russian criminal procedure science and legislation on the formation of this institution in Kazakhstan, the domestic legislator and the scientific community maintain a conservative attitude to the institution of prejudice. During the period of active formation of national legislation, the problem of harmoniously designed procedural institutions should not remain unresolved, especially if they contribute to the most effective administration of justice. Recognizing prejudice as a large and in many respects complex theoretical and applied problem of the science of Kazakhstan criminal procedure law, which still remains poorly developed and therefore in need of thorough and comprehensive research. Interestingly, the topic of prejudice is still not included in university law curricula, but in textbooks on criminal procedure (criminal procedure law) it is rarely affected. In the criminal procedure norm itself, which enshrines prejudice, the legislator has not established clear mechanisms for its implementation, and therefore, the authors propose options for harmonizing criminal procedure law, as well as adjusting the provisions of criminal procedure legislation on prejudice, as part of the institute of evidence, taking into account advanced foreign experience.

Criminological Characteristics of Persons Who Commit Minor Thefts (Article 158.1 of the Criminal Code of the Russian Federation)

The composition of petty theft under Art. 158.1 of the Criminal Code of the Russian Federation is new for Russian criminal legislation, however, the five-year period of the Article made it possible to study the state and dynamics of the criminological characteristics of the personality of criminals committing these crimes (2017–2022). The purpose of the study was to identify the personality of individuals who commit petty theft that can be used to adjust the prevention of these crimes. The main methods of research were statistical and comparative methods: the study was based on statistical data sets of the Judicial Department of the Russian Federation on personality characteristics convicted according to various parameters. Comparison of the obtained results was carried out both with the previously obtained results of studies and data on other types of theft. As a result of the study, the authors came to the conclusion that in the characteristics of persons of this category there are similar and specific features that distinguish criminals who commit minor thefts from the personality characteristics of other persons who commit non-violent thefts. In particular, there is a peculiarity in changing the structure of these persons by gender, since the absolute indicators of women significantly increase with a decrease in their share in the structure of criminals convicted of petty theft; the age boundaries of these persons are shifted to the older group of 30–49 years; at the same time, the presence of almost half of such criminals of secondary vocational education is compensated by the lack of a constant source of income, which has a dominant influence on the formation of selfish motivation. The situational character of the investigated criminal behavior, the stability of selfish motivation realized in the commission of repetitions are noted. It is indicated that it is necessary to take into account the identified features when adjusting the prevention of minor theft.

SECRET INVESTIGATIVE ACTIONS: RUSSIAN AND FOREIGN EXPERIENCE OF LEGAL REGULATION

Approaches to legislative regulation in the criminal procedural codes of individual former USSRrepublics of the new institution of covert investigative actions are analyzed. Contradictory assessments ofthe reform of Russian criminal procedure legislation in this context are given, taking into account foreignexperience. There is a tendency to expand the legislative consolidation of the investigator's powers to usesecret methods of obtaining information in the interests of the investigation. The existence of prerequisitesfor more active use by the investigator of secret methods of solving and investigating crimes is substantiated.Their importance in the fulfillment of the investigator's duty prescribed in the Code of Criminal Procedureof the Russian Federation to take measures to identify the person who committed the crime is emphasized.The conclusion is made that there is insufficient scientific support for the introduction of the institution of covert investigative actions in the Criminal Procedure Code of the Russian Federation. Current directions ofscientific research in this area, which should be interdisciplinary in nature, are highlighted.

THE PLACE OF LEGAL NORMS ON APPEALING AGAINST ACTIONS (INACTION) AND DECISIONS IN THE CRIMINAL PROCEDURE LAW OF RUSSIA: PROBLEM STATEMENT

The article examines the criminal procedural norms governing criminal procedural appeal in the aspect of the main scientific directions on the topic under study. The purpose of the study is to determine the essence and the place of the legal norms of appeal in the criminal procedure law, the specifics of legal relations regulated by them. Materials and methods. To achieve the purpose of the study, the method of materialistic dialectics, logical, systemic and structural methods were used. The empirical basis of the study was made up of court decisions and the results of research performed by other authors. Study results. The nature of the emerging links between the legal norms of appeal in the Russian criminal procedure legislation is analyzed, the features of legal relations regulated by them are investigated, their place in the sectoral subject of criminal procedure regulation is determined. The main scientific directions on the subject under consideration, in conjunction with the author's conclusions, made it possible to identify a relatively independent area of the law on the topic under study. Conclusions. The author comes to the conclusion on heterogeneity of the legal norms of appeal, on different conditions for realizing the right to a complaint, depending on the stage of criminal proceedings and the subject of law. In connection therewith, a different legal regulation of legal relations in connection with the criminal procedure appeal is inevitable. The results of the study give the opportunity to conclude that the issues of appeal are not limited in their legal regulation by one universal legal institution of the industry and represent a more complex set of norms having relative independence within the branch of criminal procedure law.