Phenol interaction. How dangerous is phenol for humans, symptoms and signs of poisoning. Scope of application of phenol

4. Problems of securing a claim.

11. Absentee proceedings.

16. Judicial debate.

Exercise.

Tasks

Task 1.

October 15, 2008 citizen P.N. Kopylov appealed to the judicial panel of the Ensky Regional Court with an application to adopt a child - a three-year-old boy.

The judge refused to accept the application, indicating that the adoption was carried out in an extrajudicial (administrative) manner, Code of Civil Procedure of the Russian Federation 2002. does not contain provisions on adoption. P.N. Kopylov was recommended to contact the guardianship and trusteeship authorities at his place of residence

Give a legal assessment of the judge's actions. Justify your answer with references to articles of the Code of Civil Procedure of the Russian Federation 2002.

Task 2.

Between citizen S.R. Kunitsyn and his sister A.R. Yakovleva, who owned 1/2 of the house, in 2009 a dispute arose about the right to use the utility room - the cellar.

Citizen S.R. Kunitsyn went to court and at the reception asked the judge to record his oral statement of claim, citing the fact that he did not have the means to pay for the assistance of a lawyer, he himself found it difficult to write a competent statement of claim, and meanwhile, according to the 1993 Constitution, every citizen is guaranteed the right to obtaining qualified legal assistance. The dispute arises from the fact that the house was inherited in 1958, when the Civil Code of 1922 and the Civil Procedure Code of 1923 were in force, which allowed claims to be filed orally.

Should the judge comply with S.R.'s request? Kunitsyn? Justify your answer.

Task 3.

Citizen Y. A. Farkhkutdinov, who stated that he did not speak the state language of legal proceedings, demanded that he be provided with an interpreter, and categorically stated that he only agreed that the interpreter be his close friend. He justified his demand by the fact that he was tongue-tied from birth, and another translator may not understand his speech, while his close friend had already adapted to his manner of speaking over a long period of communication.

Should the court satisfy such a categorical requirement?

Task 4.

The judge, having considered a complex civil case in the second half on Friday, retired to the deliberation room to make a court decision. However, then he left the deliberation room, declaring that he was very tired today, could not correctly formulate his thoughts and resolve the dispute about the law, so he intended to announce a break and announce the operative part of the court decision on Monday after the weekend.

Is it possible to speak of a violation of civil procedural principles in this case?

Did the judge commit violations of procedural law? If so, what kind? Justify your answer.

Task 5.

At the court hearing, the magistrate, considering the case on its merits, announced to the parties that he had big family problems and asked them not to pay attention to his bad mood. After the plaintiff gave explanations, the defendant tried to ask a question clarifying the plaintiff’s claims and their legal basis. In response to this, the judge irritably stated (without, however, directly addressing the defendant) that only a complete idiot could not understand such a logical and clear explanation. Then, when examining the written evidence, the magistrate explained to the parties that he had a large number of cases scheduled for hearing today, so it was advisable to finish the trial as soon as possible. Because of this, he will not disclose written evidence, but will simply attach it to the case materials; his contents were known to him even at the stage of preparation for the trial.

Evaluate the actions of the magistrate.

Is there a violation of the principles of civil procedural law in this situation?

Task 6.

During the court hearing, the judge indicated to the plaintiff and defendant that he had a sore throat and could not speak, and then wrote them a note stating that he had laryngitis, and offered to continue to consider their case in the same manner, indicating that he would preside over the process with the help of signs, and if necessary, again write a note to the parties.

Describe the actions of the judge in terms of their compliance with the principles of civil procedural law?

Task 7.

At the hearing, the Court considered the case of divorce and division of jointly acquired property between former spouses.

Plaintiff O.L. Kipriyanov filed a motion to postpone the case because he does not have a representative in the process and would like to hire a lawyer to represent his interests in court.

The defendant asked the court to refuse the petition, citing the fact that postponing the proceedings would violate the principle of equality of parties in civil proceedings, as well as the principle of adversarial action, and the process would be unfair to the defendant.

The court agreed with the defendant's arguments.

Express your opinion regarding this situation. Is there a violation of the principles of civil procedural law in this case?

Task No. 8.

District Judge Ensky N.I. single-handedly considered a civil case regarding the recognition of a contract for the sale and purchase of a two-room apartment with a total area of ​​43.2 square meters. meter invalid.

At the court hearing, plaintiff Akinshin S.P. filed a motion to postpone the case to another day and time of trial, but in a collegial composition of the court. In support of his petition, the plaintiff referred to the fact that for him the court decision was of exceptional importance. It is difficult for one judge to understand the legality of an apartment purchase and sale agreement.

Judge N.I. Ensky, having listened carefully to the plaintiff’s petition, stated at the court hearing that he was an experienced judge and had heard several dozen similar cases over the past two years. It is not difficult for him to understand this matter and make the right decision.

The trial was continued, the trial was conducted by one judge. As a result of the trial, a decision was made that denied the plaintiff's claim.

In the cassation appeal, the plaintiff pointed out a number of violations of the law, including the refusal of his request for a collegial resolution of the case.

How do you assess this motive for the cassation appeal?

Task No. 9.

An agricultural enterprise - a poultry farm, which has the organizational and legal form of a closed joint stock company, filed claims in court against R.S. Ivanova, who works as a warehouse manager for agricultural products, to recover the cost of 20 tons of grain - a shortage established by the audit commission.

In support of the claims, the plaintiff agreed that Ivanova R.S. gave a written obligation to repay the shortfall in equal installments within six months after its discovery, but did not fulfill the obligation.

At the court hearing, the plaintiff's representative submitted to the court a written petition signed by the general director of the poultry farm to terminate the proceedings in connection with the abandonment of the claim, since by the decision of the supervisory board of the joint-stock company Ivanova R.S. decided to forgive her for her good performance at work.

The judge issued a ruling to refuse the petition, citing the fact that the supervisory board of the joint-stock company and the general director encourage actions related to grain theft and violation of the law.

Problem 10.

Lapteva filed a lawsuit against Samsonov to recognize ownership of part of the house. Having appeared at the court hearing, she asked the court to allow her relative Loktyushin to participate in it as her representative. The court refused to satisfy this petition on the grounds that Lapteva herself appeared at the hearing and could personally defend her rights in court.

Did the court do the right thing?

Problem 11.

Petrov, who lives in Oryol, entered into a car purchase and sale agreement with an automobile plant in Tolyatti. The plant refused to issue the car, demanding that Petrov pay extra for the car, since the price of the car had increased by the time it was handed over to the buyer. Petrov issued a power of attorney to file a claim and conduct the case to his friend Korenev, who lives in Tolyatti. The judge refused to accept the statement of claim, citing the fact that Korenev is not a lawyer.

Did the judge do the right thing? Who has the right to represent the interests of citizens in court? Who cannot be a representative in court?

Problem 12.

Sumtsov, who is serving a sentence in a correctional institution, filed a petition in court for divorce from his wife and issued a power of attorney to his brother to participate in the case as his representative. The power of attorney was certified by the head of the institution. Having received a power of attorney, the plaintiff's brother entered into an agency agreement to conduct the case in court with legal advice.

Are the actions of Sumtsov and his brother legal? What type of representation is this?

Problem 13.

Burdin, the defendant in the eviction case, issued a power of attorney to his mother Burdin to conduct the case in court. The court hearing was held twice. She participated in the meeting held on October 23 as a representative of the defendant. After the case was resumed with a hearing on November 11, Burdina was questioned by the court as a witness.

Are there procedural violations?

What procedural position does Burdina occupy in this case?

To what group of subjects can she be classified?

Problem 14.

Vikulov bequeathed a house to his wife Ishchenko. Later, he drew up a new will - in favor of his young daughter. After the death of her husband, Ishchenko filed a claim to have the will in her daughter’s name declared invalid. During the preparation of the case for trial, the judge drew attention to the fact that Ishchenko is both the plaintiff and the legal representative. The judge suggested that Ishchenko ensure the protection of her daughter’s interests according to the rules of Part 4 of Art. 48 Code of Civil Procedure.

Evaluate the judge's actions.

Is it possible to combine two procedural provisions in one person in general and in any case in particular?

Problem 15.

In Starikov’s claim against the auto company for reinstatement at work, a legal adviser and a lawyer took part in the court on behalf of the defendant. The director of the auto company also participated in the proceedings.

Is it possible for two representatives of the defendant to participate in the case?

How should the powers of these representatives and the director be formalized?

Problem 16.

Drugalev (80 years old) filed a claim against Drugaleva to declare the marriage invalid. Due to his advanced age, he could not participate in the court hearing and entrusted the case to his cousin. Drugaleva entrusted the case to a member of the Pravoved partnership, Ilyukhin.

Can these persons be representatives in court? If they can, how should their powers be formalized?

Draw up a power of attorney on behalf of the citizen.

Problem 17.

According to Kalashnikov’s claim for reinstatement at work and recovery of wages for forced absence, the director of the enterprise, Malakhov, appeared in court, brought by the court as a third party on the defendant’s side. The judge ordered Malakhov to entrust the representation of the interests of the enterprise to one of its employees.

Did the judge do the right thing?

Could Malakhov represent the interests of the enterprise?

Problem 18.

Kuzmin A. and Kuzmina V. filed a lawsuit against OJSC Orelvtotrans and Grushin P. for compensation for material damage and compensation for moral damage, citing the fact that on December 10, 2005, as a result of a collision with a KAMAZ vehicle owned by OJSC Orelvtotrans , under the control of Petrov V. and a VAZ-2109 car driven by Grushin, their son Kuzmin R., who was driving in a VAZ-2109 car, died. The plaintiffs asked to recover material damage in the amount of 20,000 rubles spent on burial, and to compensate for moral damage in the amount of 50,000 rubles each. in favor of each of the plaintiffs.

What are evidentiary presumptions? How are the burden of proof distributed when harm is caused by a source of increased danger? What facts must each side prove?

Problem 19.

Kronova E. filed a claim against Ktitorov Yu. to establish paternity of her son. Kronova justified her demands for the collection of alimony for child support by the fact that she was in a close relationship with Ktitorov, met with the defendant for a long time, he promised to marry her, and for some time recognized himself as the father of the child in the presence of witnesses Ivanova and Vasiliev. In addition, as evidence, the plaintiff presented a tape recording in which the defendant congratulates Kronova on the birth of a child, whom he calls him: “Son.”

The defendant objected to the claim, citing the fact that he knew the plaintiff through work and had never been in a close relationship with her.

Determine the subject of proof in the case. How are the burdens of proof distributed between the parties? What are evidentiary presumptions and are they present in this situation? What are the rules for applying the presumption of paternity? Does the court have the right to accept and examine a tape recording as evidence?

Problem 20.

Lyutova Yu. filed a claim against Vladimirov K. for the recovery of 15,000 rubles. under the loan agreement. The agreement, concluded in simple written form, was lost and the plaintiff petitioned to interrogate Grishin and Egorov as witnesses, under whom the loan agreement was concluded and the money was transferred. Vladimirov told the court that Lyutova is his common-law wife and cannot testify in court.

Define admissibility of evidence. Is the request granted? Does Lyutova have the right to refuse to give testimony?

Problem 21.

Mezentseva G. filed a claim against Shchapov E. to declare the will invalid. In support of her claim, Mezentseva argued that the testator, at the time of drawing up the will, could not account for and direct his actions. She confirmed this fact with an extract from the medical history of Shchapov V., who was registered at a psychoneurological dispensary with a diagnosis of cyclothymia, and with the testimony of Potapov, who was present when the will was drawn up. Shchapov's testimony was recorded by the chief physician of the hospital at the request of the plaintiff. As a result of a serious illness, Shchapov died a week before the case was heard in court.

Can Shchapov’s testimony recorded by the chief physician be considered as evidence? What is the procedure for questioning witnesses who are unable to appear at a court hearing?

Problem 22.

Lyutikova V. bought a house in the village of “Luzhki” from Afanasyev M. . Afanasyev's ex-wife filed a lawsuit to declare the contract for the sale and purchase of the house invalid and to recognize her right to half of the house. She justified her demand by the fact that she took part in the restoration of the country house and green spaces after the flood during her marriage to Afanasyev.

Is the claim subject to satisfaction? Determine the subject of proof in the case. What facts cannot be proven in this case?

Problem 23.

Bureau for the Protection of Consumer Rights of the Administration of the Okhotsk District of the Khabarovsk Territory, represented by the representative of the Bureau for the Protection of Consumer Rights, Isaychenkova A.N. filed a lawsuit in the interests of Maria Mikhailovna Martynenko against MUP UES (provider of the service for providing the population with electricity, owner of the electrical network in the village of Okhotsk) for recovery of material and moral damage caused by damage to electrical household appliances.

April 17, 2003 At 4:45 p.m. in the village of Okhotsk, a short circuit occurred on a 0.4 kV pole near the district premises (Lenin Street), on which M. M. Martynenko lives in house 13, as a result of which, due to an increase in voltage (up to 380 V instead of 220 V ) electrical appliances were damaged in the apartment of Martynenko M.M.

Martynenko M.M. In court, she supported the claim, asked to recover material damages of 3,770 rubles, moral damages of 1,000 rubles, explained to the court that on April 17, 2003, in her apartment, due to a power surge in the network, a SAMSUNG TV, an audio tape recorder, a NORD refrigerator burned down, for repairing the TV she paid 270 rubles, the audio recorder 200 rubles, the refrigerator was not repaired, the purchase of parts requires from 1700 to 3200 rubles, she suffered moral suffering due to damage to electrical equipment necessary for everyday life, and also because the defendant did not want to understand what happened, because Why did she waste her time and nerves? In addition, the plaintiff, who purchased the TV in April 2003, demanded that MUP EES be obliged to reimburse her for the costs of repairing the TV during the warranty period in the event of a breakdown in the future.

The defendant did not fully admit the claim. Representative of MUP UES Volovik M.V. explained to the court that on April 16-17, 2003 there was bad weather - strong wind (up to 28 m/s), a blizzard, their equipment was designed for wind force up to 27 m/s, therefore a wire break, which led to an increase in voltage in the network and damage Martynenko’s property occurred due to force majeure, for which MUP UES is not responsible.

1. Resolve the situation based on the fact that on April 16-17, 2003, a weather forecast was received: on April 16, 2003 - during the day, wind 14 m/s, gusts 20 m/s, at night 19 m/s, gusts 28 m/s, snow, as of April 17, 2003 – in the afternoon 12 m/s, gusts of 15 m/s, light wet shower snow, which was known to the defendant.

2. Will the decision change if such a forecast was not received?

3. Determine the range of evidence in the case.

4.Make a reasoned decision on the case.

5. Provide a calculation of the state duty.

6.Define the types of testimony.

7. How should the final decision on this dispute change if the decision was made after January 1, 2005?

Problem 24.

When checking the appearance of persons participating in the case, the federal judge found the absence of a representative of the commercial bank - the defendant in the case. Further, the court found that the summons was sent to the defendant at the postal address indicated in his constituent documents, and the summons was returned with a note that the addressee had left.

What should the court do in this case?

Problem 25.

Larionova, while married to Larionov, filed a lawsuit to collect alimony from him for the maintenance of her son Victor. Having failed to receive the debtor’s consent to pay alimony within the period established by law, the judge issued a court order in which he indicated its immediate execution.

Are there procedural errors in the actions of the judge?

Problem 26.

Three days after receiving Medvedev’s application for the recovery of wages in the amount of 25,000 rubles. from a watch factory, the judge, without notifying the debtor, issued a court order, which he ordered for immediate execution. The debtor appealed this order.

Are there grounds for appeal? Set out the procedure for appealing a court order.

Problem 27.

Under the gift agreement, Volkova received from her mother a Stinol refrigerator worth 15,000 rubles, which, due to Volkova’s lack of living space, was temporarily with her brother Kuznetsov. After some time, Kuznetsov refused to return the refrigerator to his sister. Volkova went to court demanding the return of the item illegally held by Kuznetsov.

When the judge was notified of the issuance of a court order, the debtor replied that he agreed with the stated demand, but could not return the refrigerator, since he had sold it. The judge issued a court order, which ordered Kuznetsov to pay the cost of the refrigerator 5,000 rubles. and state duty.

Kuznetsov filed an application to cancel this order.

Name procedural errors.

Problem 28.

Citizen Novikov applied to the district court to issue a court order to collect from Kataev and Primakov a promissory note in the amount of 50,000 rubles, which the debtors refused to pay. The bill was protested for non-payment by the notary. The corresponding act is attached.

Kataev did not respond to the judge’s notification of the issuance of the court order within the period established by law. Primakov did not agree with the stated demand.

What should the judge do?

Test tasks

1. The main form of protection of violated or challenged civil rights:

1) public;

2) administrative;

3) disciplinary;

4) criminal law;

5) judicial.

2. Public protection bodies include:

1)arbitration;

2) arbitration court;

3) arbitration court;

4) prosecutor;

5) local government bodies.

3. Civil process is:

1) a set of legal norms regulating the procedure for initiating, considering and resolving civil cases by the court, as well as reviewing court decisions, i.e. justice in civil cases, as well as the procedure for the forced execution of court decisions (decisions, rulings);

2) activities regulated by law for the compulsory execution of judicial acts;

3) a system of views, views, concepts, theories about the nature, essence and patterns of development of civil procedural law, the practice of its application;

4) a set of legal norms regulating methods of protecting civil rights.

5) the procedure for administering justice in civil cases

4. Part of civil proceedings, which is its stage:

1) notarial proceedings;

2) proceedings to review court decisions that have not entered into legal force;

3) proceedings involving a foreign element;

4) proceedings in cases arising from public legal relations;

5) proceedings in arbitration court.

Topic 9. Problems of proceedings in the court of first instance

1. Right of action and right to sue.

2. Initiation of a civil case.

3. Analysis of the practice of applying Art. 134, 135, 136 Code of Civil Procedure.

4. Problems of securing a claim.

5. Proceedings: objectives and content.

6. Analysis of problems arising at this stage: passive behavior, abuse of civil procedural rights.

7. Mandatory mediation: pros and cons.

8. Participation of the parties in the preliminary court hearing.

9. Court proceedings: parts, the role of the presiding officer, participation of the parties at its different stages (petitions, participation in the examination of evidence, explanations of the parties, judicial debates).

10. Responsibility for failure to appear in the process and abuse of the GPP

11. Absentee proceedings.

12. Protocol of the court session: procedure for preparation, familiarization, making comments (problems of practice).

13. Importance of trial. The role of the presiding officer in directing the proceedings of the case.

14. Parts of the trial. Preparatory part of the court session. Consequences of failure to appear in court by persons summoned to the court hearing. Challenges of judges and other participants in the process (grounds, resolution procedure).

15. Consideration of the case on the merits.

16. Judicial debate.

17. Making a decision and announcing the judgment.

18. Postponement of the hearing of the case. Suspension of proceedings in the case. The difference between adjournment of a case and suspension of proceedings.

19. Termination of a case without a court decision: termination of proceedings in the case, leaving the application without consideration. The difference between termination of proceedings in a case and leaving an application without consideration on the grounds and legal consequences.

20. Protocol of the court session, its content and significance. The right of persons participating in the case to familiarize themselves with the minutes of the court session and the right to submit comments on the minutes. The procedure for considering comments on the minutes of the court session.

21. Concept and types of court decisions. The difference between a judicial decision and a judicial determination.

22. The essence and significance of the court decision. Requirements that a court decision must satisfy. Elimination of shortcomings of the court decision by the court that issued it. Additional solution. Explanation of the decision. Correction of typos and arithmetic errors.

24. Immediate execution of the decision (types and grounds).

25. Postponement and installment execution of the decision.

26. Legal force of a court decision. The moment the decision enters into legal force. Legal consequences of the decision entering into legal force.

27. Determination of the court of first instance. Types of definitions (according to content, form, order of resolution). Legal force of judicial rulings. Particular definitions. Their content and meaning.

28. The concept of absentee proceedings. Conditions allowing proceedings in absentia. Difference between absentee and adversarial proceedings.

30. Appeal against a default judgment. The procedure for considering an application for review of a default decision. Powers of the court in relation to a judicial decision. Cancellation of the default judgment and resumption of the adversarial process.

Exercise.

In August 2005, the Oryol branch of VimpelCom OJSC received a claim from the head of the Komov family, Igor Anatolyevich Komov, which outlined the following situation: The Komov family has a home telephone number 753030 installed in their apartment, which Beeline indicated in one of the issues of Beeline World, in the magazine “Mobile Territories”, and in the magazine “Sweetie” as its reference and information telephone number. For three months, Beeline subscribers called this home number around the clock on various issues: from blocking a number to checking the account balance. This caused and continues to cause anxiety and moral suffering to the entire Komov family; due to the current situation, the head of the family, Igor Anatolyevich Komov, who is a disabled person of the third group, suffered a hypertensive crisis. I.A. Komov asked to look into this situation and pay each of the four family members moral damages.

In his response to the claim, the director of the Oryol branch of VimpelCom OJSC assured that the company would look into the current situation, but noted that the amount of compensation for moral damage and other issues related to this can only be resolved by the court and suggested that the Komov family go to court on this matter. Oral negotiations, in which the director offered a card to top up an account for $100 and, as an alternative means of communication, a cell phone worth 3,000 rubles, did not lead to a positive result. The Komov family, believing that in this case their constitutional right to privacy was violated and indirectly caused harm to their health, decided to go to court for compensation for moral damage.

Proceedings in the court of first instance

Legal regulation of the general procedure for preparing for a court hearing has as its task the implementation of all necessary preparatory actions for conducting a trial in full compliance with the requirements of the criminal procedure law. At this stage, a case received by the prosecutor with an indictment or indictment is considered in court.

In preparation for a court hearing, the judge examines the criminal case received by the court and single-handedly establishes the presence or absence of factual data and legal grounds for deciding whether to include the case in the court session for its subsequent trial. The judge's study of the written materials of the case is aimed at clarifying compliance with the legality of investigative actions during the inquiry and preliminary investigation and the state of preparedness of the case materials for their consideration at the court hearing.

Performing one of the functions of the stage of preparation for consideration of a case in court as a form of direct judicial control over the compliance of the actions of the bodies of inquiry and preliminary investigation with the requirements of the law is to establish compliance by officials of these bodies with all duties in sending the case to court, ensuring the procedural rights of participants in criminal proceedings, removing obstacles to the consideration of the case in court. The solution to these problems is, in particular, clarification by the judge in relation to each of the accused of the circumstances named in Art. 228 of the Code of Criminal Procedure of the Russian Federation and concerning the preparedness of the case for its consideration by the court.

It should be noted that in the preparation stage for the court hearing, first of all, the main issues of the further movement of the criminal case are resolved: on the direction of the criminal case according to jurisdiction; to schedule a preliminary hearing; about scheduling a court hearing. This list is exhaustive in determining the range of powers of a judge exercised by him at a given stage of legal proceedings.

It is logical that one of the first decisions made by the judge after studying the case materials is the possibility of sending the case to jurisdiction. The law does not allow disputes about jurisdiction (Article 36 of the Code of Criminal Procedure of the Russian Federation). The decision to send a criminal case by a judge according to jurisdiction involves establishing, in the process of preparing for the court hearing, the correctness of determining at the pre-trial stage of the proceedings the characteristics of a specific criminal case and the court competent to consider it. The rules on jurisdiction set out in the Code of Criminal Procedure of the Russian Federation (Articles 31 - 33) are aimed at ensuring a quick, complete and objective consideration of the case. When resolving issues of preparation for a court hearing, the judge must evaluate the correctness of the actions of the criminal prosecution authorities when sending the case to court. A change in the territorial jurisdiction of a case must comply with the grounds established by law (Article 35 of the Code of Criminal Procedure).

Having established that the received criminal case is not within the jurisdiction of this court, the judge is obliged to make a decision on the referral of this criminal case to jurisdiction (see Appendix 17 to Article 477 of the Code of Criminal Procedure). An exception to this rule is the establishment of non-jurisdiction of a case after its consideration has begun. Having established that a criminal case in his proceedings is under the jurisdiction of another court of the same level, the judge has the right, in order to speed up the consideration of the case, with the consent of the defendant, to leave this case in his proceedings. However, if the case has jurisdiction over a higher court or a military court, it is certainly subject to referral to the appropriate court.

If there are grounds that represent a possible obstacle to the trial, set out in Art. 229 of the Code of Criminal Procedure, the judge decides to schedule a preliminary hearing. If there are no obstacles to the subsequent consideration of the criminal case and the correct determination of its jurisdiction, the judge decides to schedule a court hearing. The named types of decisions of the judge are formalized by decisions, which indicate: the date and place of the decision; the official name of the court, the surname and initials of the judge who made this decision, as well as the grounds for the decision, indicating the specific circumstances of the case.

According to the general rule, a decision on a criminal case received by the court must be made no later than 30 days from the date of its receipt. However, if a criminal case is brought to court against an accused person in custody, the judge is obliged to make a decision no later than 14 days from the date of receipt of this criminal case by the court. If the court receives a request from a party for additional familiarization with the materials of a criminal case pending in court, the judge has the right to provide her with such an opportunity (Article 227 of the Code of Criminal Procedure).

Copies of the judge's decision are sent to the accused, the victim and the prosecutor in order to inform them about the progress of the case.

The law obliges the judge, when preparing for a court hearing, to find out the following circumstances regarding the criminal case received by the court in relation to each of the accused: 1) whether the criminal case is within the jurisdiction of this court; 2) whether he was given copies of the indictment or indictment; 3) whether the preventive measure chosen for the accused is subject to cancellation or change; 4) whether the submitted requests and complaints are subject to satisfaction; 5) whether measures have been taken to ensure compensation for damage caused by the crime and possible confiscation of property; 6) whether there are grounds for holding a preliminary hearing.

These questions are interrelated and can be divided into two groups:

1) dedicated to ascertaining compliance with the law by criminal prosecution authorities in the pre-trial stages of criminal proceedings;

2) related to ensuring the rights of participants in the process and the further direction of the case.

The first of these is to establish the correctness of the resolution by the specified authorities of the issue of jurisdiction of a given criminal case. Establishing that a given court does not have jurisdiction over a case entails sending it to another court in the manner prescribed by the Code of Criminal Procedure of the Russian Federation (Articles 31 - 35).

The criminal procedure law determines the grounds upon which the territorial jurisdiction of a criminal case can be changed. This change may take place: at the request of a party - if the challenge filed by it is satisfied by the entire composition of the relevant court; at the request of a party or at the initiative of the chairman of the court to which the criminal case was received, in cases where all the judges of this court previously took part in the proceedings in the criminal case under consideration, which is the basis for their challenge, and also if not all participants in the criminal proceedings in this case reside in the territory over which the jurisdiction of this court extends, and all defendants agree to change the territorial jurisdiction of this criminal case. Changing the territorial jurisdiction of a criminal case is permissible only before the start of the trial, and therefore the question of the jurisdiction of the case when the above circumstances are discovered is resolved at the stage of preparation for the trial.

It is also necessary to take into account the fact that the law does not allow disputes about jurisdiction. This means that any criminal case transferred from one court to another, in the manner prescribed by Art. 34 and Art. 35 of the Code of Criminal Procedure of the Russian Federation, is subject to unconditional acceptance for proceedings by the court to which it was transferred.

After a positive decision on the issue of jurisdiction, the court determines the implementation of procedural actions provided for by law, ensuring compliance with the right to defense and the unhindered conduct of the trial (in particular, compliance with the form of the indictment or indictment established by law, their delivery to the accused and the defense lawyer). Unlike the Code of Criminal Procedure of the RSFSR of 1960, the Code of Criminal Procedure of the Russian Federation imposes the obligation to serve a copy of the indictment or indictment not on the court, but on the prosecutor. According to Art. 222 of the Code of Criminal Procedure of the Russian Federation, the accused is given a copy of the indictment with attachments. Copies of the indictment are also handed over to the defendant’s defense attorney and the victim, if they request it.

A separate group of issues is the decision to cancel or change the selected preventive measure (clause 3 of Article 228 of the Code of Criminal Procedure of the Russian Federation).

In accordance with the procedural law, filing a petition to select detention as a preventive measure or to extend the period of detention, if there are grounds established by law, is the responsibility of the prosecutor at any stage of criminal proceedings, which does not exclude the right of the court if such a question arises at the judicial stages, consider it on your own initiative. In order to protect the rights and legitimate interests of participants in criminal proceedings and the proper conduct of the trial within a reasonable time, the court, including on its own initiative, is obliged to check the validity of the use of interim measures, including a preventive measure in the form of detention, and also ensures timely consideration of the issue on the extension of detention until the expiration of the period established by the previous court decision.

When deciding on its own initiative the issue of choosing a preventive measure in the form of detention or extending the period of detention, the court is not relieved of the obligation to listen to the opinions of the parties, and the parties cannot be deprived of the opportunity to present their arguments.

The judge studies and evaluates the validity and expediency of the entire range of issues related to the use of coercive measures applied in the stages of pre-trial proceedings in a criminal case: the grounds for election, the choice of a preventive measure, the presence or absence of an extension of the period of detention. The exclusivity of the powers of the court lies here in the fact that the preventive measure chosen on the basis of a court decision can be canceled or changed only by the court. At the same time, the court does not assume the functions of the prosecution, since the legal and factual grounds for choosing this preventive measure are not related to supporting the prosecution, but to the need to ensure conditions for further proceedings in the criminal case.

Acid-base properties. The acidity of phenols is much higher (by 5-6 orders of magnitude) than the acidity of alcohols. This is determined by two factors: the greater polarity of the O-H bond due to the fact that the lone electron pair of the oxygen atom is involved in conjugation with the benzene ring (the hydroxyl group is a strong donor by the +M effect), and significant stabilization of the resulting phenolate ion due to delocalization of the negative charge with the participation of the aromatic system:

Unlike alkanols, phenols, when exposed to alkalis, form salts - phenolates, soluble in aqueous solutions of alkalis (pH > 12). However, phenols are poorly soluble in aqueous solutions of alkali metal bicarbonates (pH = 8), since under these conditions the phenolates undergo complete hydrolysis.

The basic properties of phenol are much less pronounced (by 4-5 orders of magnitude) than those of alcohols. This is due to the fact that the conjugation of the lone electron pair of the oxygen atom with the π-electrons of the benzene ring in the resulting cation is broken:

Acylation. Esterification with carboxylic acids in the presence of H2SO4, which is characteristic of alcohols, is slow in the case of phenol due to the low nucleophilicity of its oxygen center. Therefore, to obtain phenol esters, stronger electrophiles are used - acid chlorides RC0C1 or anhydrides [(RCO) 2 0] of carboxylic acids under anhydrous conditions:

All reactions of phenols considered occur through the O-H bond. Reactions with the cleavage of the C-O bond in phenols, i.e., reactions of substitution of the hydroxyl group in phenol, do not occur in the body.

Redox properties. Phenol easily oxidizes in air, causing its white crystals to quickly turn pink. The composition of the resulting products has not been precisely established.

Phenols have a characteristic color reaction with FeCl3 in aqueous solutions, producing a red-violet color that disappears after the addition of a strong acid or alcohol. It is assumed that the intense color is associated with the formation of a complex compound containing a phenolate anion in the internal sphere:

In this complex, of all the ligands, the phenolate anion is the most active nucleophile and reducing agent. It is capable of transferring one electron to an electrophile and an oxidizing agent - an iron(3) cation - with the formation in the internal sphere of a radical ion system containing a phenoxyl radical (C6H5O*), which leads to the appearance of intense color:

A similar formation of radicals in the internal sphere of a complex compound due to the internal redox process can also occur in the substrate-enzyme complexes of the body. In this case, the radical particle can either remain bound in the internal sphere or become free when leaving this sphere.

The considered reaction with FeCl3 indicates the ease of oxidation of phenol, especially its anion. Polyhydric phenols are oxidized even more easily. Thus, hydroquinone (especially its dianion) is easily oxidized due to carbon atoms to 1,4-benzoquinone:

Hydroquinone is used in photography because it... reduces AgBr in a photographic emulsion in exposed areas faster than in unexposed areas.

Compounds containing a 1,4-quinoid group are called quinones. Quinones are typical oxidizing agents that form an equilibrium conjugated redox couple with the corresponding hydroquinones (Section 9.1). Such a pair in coenzyme Q is involved in the process of substrate oxidation due to dehydrogenation (Section 9.3.3) and the transfer of electrons along the electron transport chain from the oxidized substrate to oxygen (Section 9.3.4). Vitamins of group K, containing a naphthoquinone group, ensure blood clotting in air.

Electrophilic substitution on the benzene ring. Due to the electron-donating effect of the hydroxyl group, phenol undergoes electrophilic substitution reactions much more easily than benzene. The hydroxyl group orients the attack of the electrophile at the o- and n-positions. For example, phenol decolorizes bromine water at room temperature to form 2,4,6-tribromophenol:

The most important representatives of alcohols and their practical significance. Alkanols are physiologically active substances with narcotic effects. This effect increases with branching and elongation of the carbon chain, passing through a maximum at C6-C8, as well as during the transition from primary to secondary alcohols. The products of the transformation of alcohols in the body can cause their toxic effects.

Methanol CH 3 OH is a strong poison, as it is oxidized in the digestive tract into formaldehyde and formic acid. Already in small doses (10 ml) it can cause blindness.

Ethanol C2H5OH, commonly called simply alcohol. The use of ethanol (alcoholic beverages) initially has a stimulating and then depressive effect on the central nervous system, dulls sensitivity, weakens the function of the brain and muscular system, and worsens reactions. Its prolonged and excessive use leads to alcoholism. The mechanism of action of ethanol on the body is extremely complex and has not yet been fully elucidated. However, an important step in its transformation in the body is the formation of acetaldehyde, which easily reacts with many important metabolites.

Ethylene glycol HOCH2CH2OH is a strong poison, since the products of its transformation in the body are oxalic acid and other equally toxic compounds. It has an alcoholic odor, and therefore can be mistaken for ethanol and cause severe intoxication. It is used in technology as a deicer and for the preparation of antifreeze - liquids with a low freezing point, used to cool engines in winter.

Glycerol HOCH 2 CH(OH)CH 2 OH is a non-toxic, viscous, colorless liquid with a sweet taste. It is part of most saponified lipids: animal and vegetable fats, as well as phospholipids. It is used for the production of glycerol trinitrate, as a softener in the textile and leather industries and as an integral part of cosmetic preparations for skin softening.

Biologically active alcohols are many metabolites belonging to different classes of organic compounds: menthol - terpene class; xylitol, sorbitol, mesoinositol-polyhydric alcohols; cholesterol, estradiol - steroids.

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