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THE COMMISSIONER FOR HUMAN RIGHTS IN THE RUSSIAN FEDERATION: A PLACE IN THE SYSTEM OF SEPARATION OF POWERS AND THE SYSTEM OF SOCIAL CONTROL
Author: Burmistrov, A.S.
Keywords: The Commissioner for Human Rights, social control, the control authority
The article deals with the theoretical basis of the Commissioner for Human Rights, analyzes the system ombudsmen at the federal level and in the regions of the Russian Federation. We study the existing views of the ownership of the Commissioner for Human Rights to a particular branch of government. The author's argument to include the monitoring institution to control emerging Russian power.
THE RIGHTS AND FREEDOMS OF THE INDIVIDUAL - THE HIGHEST VALUE AND THE BASIS OF THE CONSTITUTIONAL SYSTEM OF THE RUSSIAN FEDERATION
Author: Andrianova, Valeriya Valerievna
Keywords: constitutional order, human rights and freedoms, constitutional value, constitutional (charter) courts
The author examines in a comparative perspective the concept of "constitutional order" in the works of contemporary authors in the light of securing the highest value of human rights and freedoms. By defining the concept of "constitutional order" in the factual and legal sense, address issues of implementation and protection.
THE MAIN DEVELOPMENTAL STAGES OF THE LOGISTIC SUPPORT BY WORKERS` AND PEASANTS` RED ARMY SKY FORCE IN INTERWAR YEARS (1921 – 1941)
Author: Gavrilov, Aleksey Gennad'evich
Keywords: Workers' And Peasants' Red Army sky force, Aviation rear, The technical-operational service, The engineering-aviation service, Logistical support, Engineering-airfield support, Aviation warehouse, Combustive-lubricating materials, Military specialist, Control system, Air force academy, The control system of the rear
The article reveals the main developmental stages of the logistic support of Workers ' And Peasants ' Red Army sky force from the end of the civil war up to the beginning of the great Patriotic war (1925-1941). The history of the logistic support of Workers ' And Peasants ' Red Army sky force divided into 3 stages. The historical role of the logistic` s support system is shown. The author revealed typical directions of the aviation logistics development in interwar years which influenced failure and success in the years of war.
ABOUT SOME GENERAL QUESTIONS CONCERNING THE RELATION OF RELIGIOUS NORMS AND LEGAL REGULATIONS IN MUSLIM LEGAL SYSTEM
Author: Akhkubekova, Jannat Dorgaevna
Keywords: relation of law and religion, the principle of equality, the principle of justice, the defence of woman’s honour and dignity, right to war(djihad), the category of fear, supernal punishment for crime
This work is devoted to the problems of the relation of religious norms and legal regulations, to their unity and syncretism to be exact, which represents an unseperable sign characterizing the system of muslim law as a whole. It’s necessary to take into account the indicated peculiarities while adopting laws in the subjects of Russian Federation inhabited by the population which traditionally confesses islam, because they are widely practicing in mentioned subjects.
CLASSIFICATION OF PENALTIES PROVIDED BY MUSLIM LAW FOR COMMITTING CRIMES
Author: Akhkubekova, Jannat Dorgaevna
Keywords: classification of penalties, huddud, kisas, armed rebellion, robbery, murder, adultery (az-zina), special subject of crime, ta’zir, quattering, cutting off the hand, flagellation
The article covers the description of peculiarities and regulation of crimes and penalties in the system of muslim law. The author offers classification of penalties which is characterized by religious predetermination and imperative regulation in Koran. The norms of Koran as a main source of muslim law found their realization in the sphere of criminal legislation of many Arabic countries, for example in the Criminal Code of the United Arabic Emirates.
INTERIM GOVERNMENT AND A PREREQUISITE OF THE WHITE MOVEMENT IN RUSSIA
Author: Zabolotskikh, Andrey Vladimirovih
Keywords: interim government, councils, court-martial, the Constituent Assembly, the White movement
The article examines the work of the Interim Government. Summarized chronology of decisions taken during the execution of the functions of government. The basic prerequisite for the formation of the anti-Bolshevik movement in Russia.
PECULIARITIES OF LEGAL REGULATION IN THE SPHERE OF SMALL AND MEDIUM BUSINESS ENTITIES ACTIVITIES: GAPS AND CONTRADICTIONS IN LEGISLATION
Author: Ershova, Inna Vladimirovna
Keywords: small and medium business entities, micro-entity, small and medium business, peculiarities of legal regulation
The article deals with the notion of small and medium business entities and peculiarities of legal regulation in the field of their activities. The author suggests making amendments to the federal law ¹ 209 – FL, 24th of July, 2007 «On development of small and medium business in the Russian Federation».
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Author: Rusakova, Ekaterina Petrovna
Keywords: Indian Council of Arbitration Indian Institute of Arbitration and Mediation (CNICA), The International Center for Alternative Dispute Resolution (ICADR), International Chamber of Commerce India (ICC India), The London Court of International Arbitration India (LCIA India), the commercial dispute, the arbitration procedure
The article analyzes the diversity ways of solving commercial disputes in India. The International Commercial practices of India arbitration are described. The author researches sources of legal regulation of foundation and function of Indian Council of Arbitration Indian Institute of Arbitration and Mediation, The International Center for Alternative Dispute Resolution (ICADR), International Chamber of Commerce India (ICC India), The London Court of International Arbitration India (LCIA India)
PROSPECTS OF CONSTRUCTION CONTRACT WHOLESALE SALES
Author: Belyaeva, Natalia Alekseevna
Keywords: agreement, wholesale trade, retail trade, legal regulator
The article is devoted to a problem of differentiation of the delivery agreement from agreements of wholesale purchase and sale and efficiency of application of a design of the agreement of wholesale sphere of the Russian market.
RIGHTS OF MINORS IN INHERIT PROPERTY ON THE LAW OF THE RUSSIAN FEDERATION AND THE REPUBLIC OF AZERBAIJAN
Author: Abbasov, Salim Goulam ogly
Keywords: inheritance, testament, law, legal personality, minors, mandatory share, unworthy heirs, alimony
Article represents carried out for the first time in a science of the law of succession of Russian Federation, and Republic Azerbaijan comparative and legal research of a hereditary legal personality of minors. The study was conducted on the basis of updated legislation of the Russian Federation and the Republic of Azerbaijan, as well as the general theory of the civil capacity of minors. It highlights the controversial issues of theory and practice on the regulation and implementation of their hereditary rights of minors. The work is intended for students, graduate students and law schools, as well as judges, lawyers, notaries, officials of the guardianship authorities and other professionals whose work involves the application of the legislation on minors.
SOCIO-ORIENTED NON-PROFIT ORGANIZATIONS - CIVIL LEGAL REGULATION OF THEIR STATUS AND ACTIVITIES: PROPOSALS TO IMPROVE THE THEORY AND THE LAW
Author: Burtseva, Anastasia Alexandrovna
Keywords: socially oriented organizations, income generation, social entrepreneurship
The article is devoted to the author's ideas, in understanding the status of socially oriented non-profit organizations and the rationale for their selection in the civil law as an independent group of legal entities. Proposed definition of income-generating activities and social entrepreneurship as a core activity of socially oriented organizations, the expediency of establishing a special type of liability socially oriented non-profit organizations for breach of any such activities.
ADMINISTRATIVE AND CRIMINAL PENALTIES FOR VIOLATION OF LAW ENVIRONMENTAL CODE OF FRANCE
Author: Sosnovskiy, V.V.
Keywords: environment, crime, responsibility, environmental science, the Crime, Environmental Policy
The paper analyzes the regulation of legal liability for infringement of the environment under French law, which is regarded by experts as a very difficult legislative activities. Covers the basics of criminal and administrative responsibility of the French law, and the rules governing the administrative and criminal liability.
PREVENTION OF ENVIRONMENTAL OFFENSES IN FRANCE: BASIC SUBJECTS AND IMPLEMENTATION
Author: Sosnovskiy, V.V.
Keywords: law, legislation, environment, ecology, principles, prevention, crime, effectiveness, crime, responsibility
The article explores the concept and system of environmental law in the Russian Federation and foreign countries as an example of European Union legislation and France.
THE QUESTION OF THE AGE OF CRIMINAL RESPONSIBILITY
Authors: Astemirov, Zainutdin Astemirovich; Zijadova, Dureja Zijadinovna
Keywords: non-adults, criminal responsibility, age qualification, lowering the age of criminal responsibility, setting the minimum age
The article considers some approaches available in the theory of criminal responsibility. The authors express their views on lowering the age of criminal responsibility.
NON-LINEAR GEOMETRY AND GRAPHIC IMAGE OF THE MODERN CRIME
Authors: Arutyunov, Alexander Artashevich; Rostokinsky, Alexander Vladimirovich
Keywords: crime, an elite crime, ordinary crime
In this article the authors demonstrates the current state of crime graphically in the form of «Beltrami pseudosphere» with converging peaks formed manifestations of elite crime.
SOME MANIFESTATIONS OF INTERNATIONAL EXTREMISM
Author: Suleimanov, Arif Latifovich
Keywords: international extremism, criminological picture, crimes of the extremist directivity, measures of opposition
The article considers the criminological picture of international extremism s manifestations, suggests some measures of opposition.
CRIMES, INFRINGES ON PERSONS IN CONNECTION WITH THEIR OFFICIAL OR OTHER SPECIAL STATUTORY SOCIAL NECESSARY ACTIVITIES, PUBLIC DUTIES OR THEIR CLOSE
Author: Arapidi, Saveliy Georgievitch
Keywords: criminal law, crime, employment status, service activities, and social activities necessary, public debt, close
On the basis of analysis of the criminal law are allocated crimes that infringe on the parties in connection with their service or other special statutory socially necessary activities, public duties, or their relatives, are defined in the rules contained in the twenty-six articles of the Criminal Code. Disclosed the concept of "service activity", "other special statutory socially necessary activity", "public duties", "close". The justification, according to which contained in paragraph 6 of Part 3 of Resolution of the Plenum of the Supreme Court of 27 January 1999. ¹ 1 "on judicial practice in cases of murder (Article 105 of the Criminal Code)," interpretation of the term "close" may be extended to all other provisions of the Criminal Code, which using the term.
FIGHTING CORRUPTION IN THE GOVERNMENT AND THE MAIN DIRECTIONS OF ITS PREVENTION IN TODAY
Author: Irapetyan, Edward Stanislavovich
Keywords: corruption, accountability, anti-law enforcement agencies, the Criminal Code of the Russian Federation
This article examines the complex and extremely important phenomenon of corruption that exists in almost all spheres of life and manifests itself in a variety of forms and shapes. It gives a characteristic of the state of corruption in the Russian Federation and examines the legal aspects of its regulation.
THE ROLE OF SOCIAL PROTECTION IN CRIME PROPHYLAXIS AMONG NEGLECTED AND HOMELESS NON-ADULTS
Author: Girilovich, Svetlana Evgenievna
Keywords: neglected and homeless non-adults, moral-educative, socio-economic determinants, social protection, prophylaxis
The article analyzes moral-educative, socio-economic determinants of crimes among neglected and homeless non-adults. The role of social protection in crime prophylaxis among this category of non-adults is shown.
CRIMES AGAINST LIFE AND HEALTH, COMMITTED BY WOMEN IN THE FAMILY AND PROBLEMS OF THEIR PROPHYLAXIS
Author: Akhmedkhanova, Samira Telkhatovna
Keywords: women’s criminality, crimes against life and health, family, reasons and conditions, prophylaxis
The article considered the condition of crimes against life and health, committed by women in the family at the regional level. In this article are defined the structure and crime dynamics of the considered category, disclosed the reasons and conditions, suggested some measures of prophylaxis.
SOME TO THE CAUSATION OF DEATH BY INADVERTENCE BECAUSE OF THE IMPROPER EXECUTION OF PROFESSIONAL RESPONSIBILITIES
Author: Abdulkerimova, Zamira Yasinovna
Keywords: the causation of death, imprudence, improper execution of professional responsibilities, measures of opposition
In the article are considered organizational and administrative, legal, moral and educational measures to the causation of death by inadvertence because of the improper execution of professional responsibilities
THE IMPORTANCE OF THE CRIMINOLOGICAL STUDY OF THE HOOLIGANISM AND VANDALISM AMONG NON-ADULTS AT THE REGIONAL LEVEL
Authors: Zijadova, Dureja Zijadinovna; Ilyasov, Eldar Emranovich
Keywords: criminality among non-adults, hooliganism, vandalism, regional level
The article shows the importance of the criminological study of criminality among non-adults at the regional level. The object of study is crimes of hooliganism and vandalism.
FACTORS, CAUSING THE INVOLVEMENT OF THE NON-ADULTS IN THE COMMITMENT OF CRIMES OF THE TERRORIST CHARACTER
Author: Alieva, Surizhat Yusufovna
Keywords: factors, determinant, non-adults, involvement of crimes, crimes of the terrorist character
The article considers socio-economical, socio-political, organizational and managerial, ideological, moral and educational factors, causing the involvement of the non-adults in the commitment of crimes of the terrorist character.
SOME PREVENTIVE MEASURE TO THE USE THE SLAVE LABOR
Author: Shakhbanov, Rustam Muktarovich
Keywords: the use the slave labor, opposition, socio-political measures, socio-economical, criminal measures
In the article are considered some socio-political, socio-economical, organizational and administrative, legal, moral and educational preventive measure to the use the slave labor.
THE APPEAL, THE CASSATION AND SUPERVISING LEGAL PROCEEDINGS IN CRIMINAL TRIAL: THE GENERAL CONTEXTS OF LEGISLATIVE INNOVATION FROM DECEMBER, 29TH, 2010
Author: Potapov, Vasily Dzonovich
Keywords: a subject and check limits in courts of higher instance, terms and the bases of cancellation or change of final court decision
On the basis of the brought innovation the author analyzes change of the general approaches of the legislator to definition of a subject and check limits in courts of appeal, cassation and supervising instance, terms and the bases of such revision.
TO THE QUESTION OF THE DEFINITION AND CLASSIFICATION OF JUDICIAL ACTS CARRIED OUT IN THE COURSE OF THE JUDICIAL INVESTIGATION
Author: Khaidarov, Albert Anvarovich
Keywords: legal proceedings, court action, the judicial investigation, trial
The article deals with the peculiarities of the procedural action, produced by a judicial investigation. Examines the legal action and other procedural actions that are implemented in the framework of the judicial investigation. The author suggests a definition and classification of proceedings in the criminal process.
ON THE VALIDITY OF THE COURSE TO MODERNIZE CRIMINAL PROCEDURE LAW IN FAVOR OF PERSONS ENGAGED IN BUSINESS
Author: Rudich, Valeriy Bladimirovich
Keywords: economic security, justice, criminal justice, business activity
The paper analyzes the changes in criminal policy in the area of economic security. Analyzed the transformation that occurred in the institutions of preventive measures, criminal prosecution, termination of the criminal case. Criticized proposals to further restrict the law enforcement agencies fight against economic crime.
THE RIGHT TO APPEAL OF ACTIONS (OR INACTION) AND DECISIONS OF THE INVESTIGATOR IN CRIMINAL CASES BY PROTECTED PERSON
Author: Abramov, Alexander Borisovich
Keywords: security, criminal procedure, the appeal, the status of the individual, protected persons, investigator, decisions
The article analyzes the legal gap in the current criminal procedure law concerning the legal status of the protected person, assisting in the investigation of crimes. The ways of expanding the powers of such persons to appeal the actions (or inaction) and decisions of the investigator.
NEGOTIATED METHOD OF ESTABLISHING THE FACTS IN SUMMARY FORM OF THE CRIMINAL PROCEEDINGS
Author: Alimirsaev, Alisultan Abduragimovich
Keywords: agreement, short trial, proof, facts
The article raises the question of the need for revision of the canons of the theory of evidence in criminal proceedings. The necessity of the recognition of contractual ways to establish the facts of the criminal case. Such a method of forming the facts justified in an abbreviated form of criminal proceedings. Analyzes of the draft law on the introduction of the Russian criminal trial summary of the proceedings. Criticism of some provisions of the draft concerning the taking of evidence and decision-making process.
CRIMINALISTICS ANALYSIS OF CONSEQUENCES OF ROBBERY ATTACKS ON EMPLOYEES OF ENTERPRISES OF RETAIL BUSINESS
Author: Sargsyan, Baghdasar Samvelovich
Keywords: material traces, traces ideal, classification of traces, traces of education, the situation of a crime, robbery, retailers, the method of the crime
Paper looks the crime situation, studying the mechanism of trace, detect, lock, research and use of forensic information to establish all the circumstances relevant to the detection and investigation of robberies at retail outlets. Based on the analysis of forensic data robberies, the author presents his classification scheme for the crime.
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Author: Busurina, Elena Olegovna
Keywords: termination of the status of lawyer, unconditional grounds, statement, court decision
The article deals with unconditional grounds for termination of the status of lawyer. The author analyzes the grounds provided by the Law "On legal practice and the Bar in the Russian Federation", and also provides statistics for the year 2011 of the Federal Chamber of Lawyers of the Russian Federation.
CLASSIFICATION OF ANALOGIES IN THE LEGAL SCIENCE AND PRACTICE
Author: Uchuev, Z. A.
Keywords: analogy method, kinds of analogies, analogy of properties and analogy of relations, functions of analogies in jurisprudence
The article is devoted to the study of the types and functions of the analogies used in jurisprudence and legal practice. Introducing the classification of analogies, the author shows heuristic possibilities of this method in studies in the theory of law and the practice of law enforcement.