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JUSTICE PRINCIPLE AS A UNIVERSAL LEGAL CATEGORY IN A CONSTITUTIONAL LAW
Author: Vohmjanin, Denis Valerievich
Keywords: the justice principle, the right - is art kind and fair, the law and the right, right understanding, right application
Let's pass to the analysis of a principle of justice, as one more universal category in a modern constitutional law. As is known, a "justice" problem as not which model of a social system is among the eternal questions facing to mankind. Not casually already the first mythological representations about the world contain an image of justice as measures of all things. About the scientific importance of this problem, that fact testifies also, that the judgment of this category begins with the moment of origin of philosophical thought.
CONSTITUTIONAL AND LEGAL BASIS OF LOCAL SELF-GOVERNMENT: THE CONCEPT AND ESSENCE OF LOCAL GOVERNMENT IN RURAL SETTLEMENTS
Author: Afanasyev, Alexander Alexandrovich
Keywords: legal regulation, rural life, the state, local government, rural settlement, rural population, rural territory
In article on the basis of analysis of the legislation of the Russian Federation highlighted features, defined the essence and the notion of local government in rural settlements. It is of great theoretical and practical importance for the legal regulation of the rural life as a complex of public relations, with the goal of sustainable rural development. The public relations connected with the exercise of local self-government of settlements are an important component of rural life.
THE LEGAL STATUS PECULIARITIES OF PEOPLE WHO RECEIVED THE ASYLUM IN THE RUSSIAN FEDERATION
Author: Sabaeva, Anastasya Vladimirovna
Keywords: The legal status of people who received the asylum in the Russian Federation
The jurisprudence faced the problem of the legal status peculiarities of people who received the asylum in the Russian Federation definition. This problem is connected with its implementation in the Russian Federation. This problem is quite actual because of economic and sociopolitical situation in the country.
ABOUT SOME PECULIARITIES OF DETERMINING JURISDICTION OF CASES THE PROTECTION OF ELECTORAL RIGHTS AND THE RIGHT TO PARTICIPATE IN THE REFERENDUM OF THE CITIZENS OF THE RUSSIAN FEDERATION
Author: Babanyan, Sarkis Sisakovich
Keywords: Judicial protection of electoral rights
Russian laws provide special rules of determining jurisdiction in cases of violation of electoral rights. In this article there is the analysis of rules of determining the jurisdiction of cases on the protection of electoral rights.
THE REGULARITIES AND EVOLUTION OF LEGAL REGULATION OF ORGANIZATION AND OPERATION OF THE SECURITY BODIES IN THE SPHERE OF FIGHT AGAINST EXTERNAL THREATS IN PRE-REVOLUTIONARY RUSSIA
Author: Demidov, Alexander Yrievich
Keywords: intelligence, intelligence activities, security bodies, external security, intelligence and counterintelligence agencies, the legal regulation of the organization and the activities
This article discusses the regularities and evolution of legal regulation of the organization and the activities of the intelligence and counter-intelligence agencies of pre-revolutionary Russia. The methodological basis for the analysis of this problem is the principle of historicism and the relationship of the matter under consideration with general historical processes and specific historical political and socio-economic situation in the country and in the world. On the basis of scientific and theoretical positions, supported by historical empirical data, the article explains the necessity of the existence and functioning of special state agencies, providing external security of the state, as an objective and an integral part of the overall activities of the Russian state to ensure its security against intelligence and other subversive activities of foreign states and organizations, to protect other vital interests of the Russian state.
RELIGIOUS CRIME LEGISLATION MOSCOW CENTRALIZED STATE (XV-XVII C.)
Author: Bespalko, Viktor Gennadievich
Keywords: criminal law, the Russian criminal law, ecclesiastical law, crime, religious crimes, punishment, religion and the law, history of criminal law
This article is a continuation of the criminal law research institute religious crimes in the Russian criminal law, the beginning of which was published in the article "Reception of the Old Testament religious-law ideas in the Old Russian legislation on religious crimes" (Black Holes in Russian legislation. 2014. ¹ 1). In this paper the author formulates the concept of religious crimes and turns to the analysis of systems and species in the criminal law of the state in central Moscow during the XV-XVII century.
In particular, the author examined the relevant rules of Laws 1497, 1550 Code of Laws, 1551 Stoglavy. Particular attention is paid to the content of dispositions and sanctions of criminal law on religious offenses stipulated Ulozhenie 1649. The author proves the conclusion recognition Ulozhenie first secular legal act marked the beginning of the official religious establishment the institute crimes in Russian criminal law, shows current trends in the development of criminal law institute.
To justify their conclusions and other judgments, the author refers to the relevant provisions of Russian law in the XV-XVI c., Their interpretation and opinions Russian academics.
TO THE QUESTION ABOUT THE EFFECT OF POLICE ON ELECTIONS TO THE STATE DUMA OF THE RUSSIAN EMPIRE
Author: Baranova, Evgeniya Aleksandrovna
Keywords: elections, Deputy, State Duma of the Russian Empire, the police
Purpose: In modern conditions the international community pays great attention to the implementation of the population of their sovereign rights in the form of elections and referendum. The article considers the questions of influence of police bodies on the formation of the first State Duma of the Russian Empire.
Methodology: The methodological basis of the study consisted of a modern General scientific and special methods of cognition. Complex application of methods of scientific knowledge contributed to a comprehensive study of the process of influence of power structures on the results of the elections of the representative institutions.
Results: The provisions and findings of the study form a comprehensive view of one of the most important issues of law - shaping technology of election process in the Russian Empire.
Conclusion: Historical and legal analysis of scientific and empirical literature has allowed to draw a conclusion that the impact of law enforcement agencies in the course of voting was insignificant due to objective circumstances (lack of experience, the consistency).
STATE ECONOMIC SECURITY AS AN INTEGRAL PART OF NATIONAL ECONOMIC SECURITY AND STATE SECURITY
Author: Erkeev, Ilshat Hamitovich
Keywords: security, state security, national economic security, national economic security, economic destructive factors
The purpose of the article is to determine state economic security in the system of national security. To determine the original meaning of security is a necessary methodological prerequisite and distinction of such concepts as "national security", "national economic security", "state security", " state economic security."
Economic security issues have been considered in the works of such foreign authors as B. Buzan, B. Hager, AF Gezau, Morgenthau and others.
Scientific innovation of the research work is in studying state and legal issues of state economic security as an important factor of national security and the search for optimal models of its security in terms of socio-political transformation of modern Russia. The result of the research is examination of state economic security as a part of national economic security and state security.
The theoretical significance of the research is that the formulated theoretical principals allow to obtain to a certain degree a holistic view of the country's economic security. The results obtained are copyright contribution to the scientific development of problems in the theory of state and law, other branches of law, to a certain degree of economic theory and can be used for further scientific analysis of the theoretical foundations of activities to ensure economic security.
The practical relevance of the research is in the results of it that can be used:
– in law-making activity when developing the relevant regulations;
– in practical activities of public authorities and local government;
– in further scientific researches on this problem, on development of separate components of the mechanism for providing state economic security;
– in educational process when studying courses of the theory of state and law, economic security.
SOCIALIST COMPETITION AND ITS ROLE IN INCREASE OF LABOUR ACTIVITY OF PUPILS OF CHILDREN'S COLONIES
Author: Yakuschina, Evgeniya Sergeevna
Keywords: All-Union socialist competition of the Ministry of Internal Affairs of the USSR, children's educational and labor colony, children's homelessness and neglect, production target, plan, pupils, stakhanovets
The task. This article considers the basic forms and methods of involvement of minors contained in educational labour colonies in the all-Union socialist competition of the interior Ministry of the USSR.
The methodology. This research is based on the historical legal method and the comparative law.
Conclusions. Involvement of juvenile offenders educational labour colonies in socialist competition of MIA of the USSR not only contributed to the establishment them as workers, but also constitute the core of which was based educational process with the pupils. Identified and justified by the positive impact of minors ' labour activity on educational work colonies in General, with specific attention to improving the quality of education and wide development of Amateur performances of the pupils.
Practical value. Considered in the study of issues connected with labour activity of juvenile offenders in educational labour colonies can be useful for further study of peculiarities of development of the Soviet state apparatus as a whole, its punitive organs and systems of institutions executing punishment in the form of deprivation of liberty.
The originality and the value. This study will be of interest to persons interested in the problems of the Soviet prison system.
THE IDEA OF THE THEORY OF POWER IN VIEWPOINTS OF WEST EUROPEAN SCIENTISTS OF THE RENAISSANCE AND THE MODERN AGE
Author: Bayramov, Arsen Abdulkadirovich
Keywords: theory of power, Niccoio di Bernardo dei Machiavelli, Herbert Spencer, Jacques Nicolas Augustin Thierry, Johann Kaspar Bluntschli
There are viewpoints of west-european political theorists of the Renaissance and the Modern Age on the role of violence in political genesis are analyzed in the article. The focus is not on the studying the statements of classical exponents of the theory of power, but on the ideas of the scientists who are traditionally related to such theories of the origin of state as organic, patriarchal and others. The theory of power was scientifically substantiated in the 19th century by E. Duhring, K. Kautsky, L. Gumplowicz, G. Ratzenhofer, J. Oppenheimer and others.
The latter half of the 20th century is characterized by the explosion of interest to the problems of political genesis, which contributed to the appearance of new conceptions or, at least, to the re-thinking of the classical ones. In particular, the role of violence in political genesis has been investigated by Robert Leonard Carneiro for many years. He considers war and conquest amid the limited environmental conditions to be the cause of the introduction of statehood.
An appeal to the legal doctrines of the past has not only historical, but also theoretical importance. The fact is that the concepts of the theory of power in political genesis are popular in law and political anthropology now. The timeliness of the declared subject-matter is determined by the characteristics of political and legal thinking in modern terms and the increasing role of political and legal doctrines. The research of the declared topic contributes to the scholarly dispute over one of the main problems of the science of law – the problem of the origin of state.
BORDERS FRANCHISING: PROBLEMS OF ADAPTATION TO INTERNATIONAL STANDARDS UNDER NATIONAL LEGAL FIELD (THE CASE OF RUSSIA AND GERMANY)
Author: Demicheva, Elena Alexandrovna
Keywords: cross-border franchising, commercial concession, a foreign element, the terminology harmonization
In this article the author examines the problem of contradiction national law and international standards for cross-border franchising contractual relationship and looking for ways to resolve it. On the basis of comparative jurisprudence author examines legislation governing relations between the parties arising from cross-border franchising contract in Russia and Germany, assesses its usefulness in the legal field in both countries. These studies led the author to the conclusion that the existence of special systematic national legislation of the Russian Federation on trade concessions identified with the franchise, not harmonized with international standards, using international terminology is different from having a large number of restrictions and administrative requirements are not conducive to the development of relations regulated cross-border franchising agreement.
MEMBERSHIP IN CORPORATION AS THE OBJECT OF COMPANY LEGAL RELATIONS
Author: Kuzmin, Andrey Igorevich
Keywords: membership in corporation, the corporation, corporate rights, the object of company legal relations
In this article the author aims to explore the phenomenon of the membership in corporation, to analyze the common point of views and to form own approach to description of this kind of membership, to describe the membership in corporation as the object of corporate rights.
TO THE QUESTION OF THE DISTRIBUTION AGREEMENT'S ORGANIZATIONAL COMPONENT
Author: Ulugova, Kamila Erkinovna
Keywords: distribution agreement, organizational agreement, framework agreement, preliminary agreement
The aims and methodology. The aim of the paper is to identify and study the distribution agreements' organizational component, establishing its legal nature. To achieve the purpose of research corresponding scientific literature, laws and regulations were reviewed, a comparative study of the design of preliminary and framework contracts was conducted.
Conclusion. The paper establishes that organizational component in the design of the distribution agreement is to coordinate joint action by the parties of conclusion and execution of the contract of supply and reduced to the existence of a distributor's contract framework conditions of delivery; arguments supporting position of the impossibility of its qualification as a subject of the preliminary supply agreement are also given in the paper.
Scope of the study and its practical value. In this study the terms of the distribution agreements which give grounds to qualify it as an organizational agreement are given; the author's position regarding their legal nature is justified, their correlation with the structures of the framework and preliminary agreements is analyzed; the paper also establishes that the subject matter of the distribution agreement is not limited to the framework conditions of delivery contract.
The findings of the study have implications for understanding the legal nature of the distribution agreement and can be used for further development and study of the distributorship regulation in the practice of the courts. The paper can be also useful for researches, practicing lawyers, post-graduate students, who are interested in the questions of legal regulation of the distributorship.
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Author: Burdo, Evgeniy Petrovich
Keywords: foreigners, categories of citizens, autonomy of will
Ðàáîòà ïîñâÿùåíà àíàëèçó òðóäîâûõ îòíîøåíèé ñ ó÷àñòèåì èíîñòðàíöåâ, âèäàì îòíîøåíèé, îñëîæíåííûõ èíîñòðàííûì ýëåìåíòîì, ðàññìàòðèâàþòñÿ êàòåãîðèè èíîñòðàííûõ ãðàæäàí, êëàññèôèêàöèÿ èíîñòðàíöåâ ïî ïðèçíàêàì, ïîíÿòèå àâòîíîìèè âîëè.
THE CONCEPT AND ROLE OF THE LEGITIMATE INTERESTS OF THE EMPLOYEE IN THE GENERAL MECHANISM OF LEGAL REGULATION OF SOCIAL AND LABOR RELATIONS
Author: Mustafayeva, Arabia Anver kyzy
Keywords: interest, the legitimate interests of protection legitimate interests labor relations, social and labor relations
In this article the author examines the concept and role of the legitimate interests of the employee in the general mechanism of legal regulation of social and labor relations. On the basis of the study noted that the legitimate interests, not fixed right, a legal category can not be and are not. Copyright in general notes that the defense (or security) legitimate interests, understood in the narrow sense of the term, is provided as general funds and special, for example, conciliation procedures, individual or collective strike.
JOINT-EMPLOYERS AS A SPECIFIC ASPECT OF CONTRACT AND AGENCY LABOR
Author: Pshenichnikov, Sergey Vitalievich
Keywords: employer, labor contract, agency labor, plurality of persons
The present article analyzes a phenomenon specific to contract and agency labor – plurality of persons as joint-employers. By using a system-structural and a legal-comparative methods of scientific investigation, the author shows that such plurality of persons as joint-employers appears as a result of a complexity of legally relevant facts, possesses a definite integrity, and in actuality forms the notion of a complex employer.
Several works of not only domestic legal scholars, but foreign authors as well have been dedicated to separate aspects of the article's topic (e.g. Schiek D. Agency Work – from Marginalization towards Acceptance? Agency work in EU Social and Employment Policy and the «implementation» of the draft Directive on Agency work into German law // German law Journal. 2004. Vol. 5. No 10).
The author's views, outlined in the article, may be used for further studies of legal regulation of relations, arising out of contract-agency labor use, and may also be used during development of specific means aimed at perfecting the legislation in this sphere.
FOREIGN LEGISLATIVE EXPERIENCE IN FIGHTING THEFT OR EXTORTION OF NARCOTIC DRUGS OR PSYCHOTROPIC SUBSTANCES IN SOME EUROPEAN COUNTRIES
Author: Nugumanov, Azat Rimovich
Keywords: foreign experience, theft, extortion, narcotic drugs, psychotropic substances
Problem: the article aims at the analysis of the criminal legislation of a number of European countries, which most successfully implement policies to combat criminal theft or extortion of narcotic drugs or psychotropic substances.
Model: special comparative legal method of knowledge serves as a methodological basis.
Conclusions: the legislative experience of a number of European countries presented in the article can serve as the basis for the improvement of the domestic legislation regulating the criminal liability for theft or extortion of narcotic drugs or psychotropic substances.
The possibility of the subsequent use of the results of scientific activities: the scientific results of the research can be used in further work on researching and improving the structure of corpus delicti under Article 229 of the Criminal Code of the Russian Federation.
Originality / value of the article: the work is intended for teaching staff of law schools, post-graduate students, applicants and students who are interested in the issues of combating illicit trafficking in narcotic drugs and psychotropic substances.
DIRECTION OF CRIME: CRIMINAL LAW AND CRIMINOLOGICAL CONTENTS
Author: Privalov, Alexander Vassilievich
Keywords: orientation crimes intent, personality orientation
In this article the author analyze the nature of the crimes, its correlation with the direction of intent, personal orientation and justify the need for its legislative consolidation as the criminal law category.
PUNISHMENT SERVING DELAY FOR DRUG ADDICTS
Authors: Kuznetsov, Alexander Ivanovich; Muhametzyanov, Samat Maratovich
Keywords: delay, punishment serving, drug addicts, rehabilitation, remission
The contemporary tendencies of world criminal policy obviously testify the fact, that punishments which don’t connect with a convict’s incarceration, are used in legislation of different countries. Many international legal acts direct towards the use of alternative measures of punishment.
Federal law from the seventh of December 2011 ¹ 420 “About the submission of changes in Criminal Code of the Russian Federation and individual legislative acts of the Russian Federation” has punishment serving delay for drug addicts with the purpose of antidrug effort and convicts’ motivation to medical treatment from drug addiction.
This delay acceptance causes a great number of issues concerning its application. According to Part 1, Article 82.1 of Criminal Code of the Russian Federation “Punishment serving delay can be applied to convicts admitted to be drug addicts, who committed crime for the first time provided with Part 1, Article 228, Part 1, Article 231 and Article 233 of Criminal Code of the Russian Federation. The delay can be applied for convicts who want to undergo a course of treatment, medical and social rehabilitation no more than for five years”.
We suppose that the legislator followed the problem of the growth of drug addiction among population and accordingly the growth of attendant crimes. Regrettably, not much attention was paid to the process of control over drug addicts who had punishment serving delay during the elaboration of this draft law. Besides, the mechanism of interaction with various organizations and departments was insufficiently considered.
The article deals with the issues of the actuality of the use of punishment serving delay for drug addicts. The authors view the problems of legal regulation improvement and the effectiveness of control implementation over the persons who have punishment serving delay.
SOCIO-ECONOMIC MEASURES OF THE OPPOSITION TO THE EXTREMISM AMONG WOMEN
Author: Kryuchkov, Vyacheslav Gennadievich
Keywords: extremism, opposition, socio-economic measures, female crime, crimes of the extremist direction
In the article are considered some socio-economic factors, defining commitment of crime of the extremist direction by women and offered socio-economic measures of the opposition to the extremism among women.
THE OBJECTIVE PARTY OF CRIMES, BEFORE THE SEEN PART 1 OF ARTICLE 291.1 OF THE CRIMINAL CODE OF RUSSIAN FEDERATION
Author: Sidorenko, Eugene Alehandrovich
Keywords: subject of the crime, special subject of a crime, official, foreign official, official of the public international organization
In article sings of special subjects of the crimes, the criminal codes of Russian Federation provided to articles 290 and 291.1, including the contents such as the foreign official, the official of the public international organization on the basis of what the conclusion that the circle of subjects of bribery from among workers of the foreign states and the international organizations is much wider than Russian Federation, including introduction of criminal liability for bribery of foreign officials of the international public organization within section 12 of the criminal code of Russian Federation of a «crime against the world and safety of mankind become is drawn are considered».
Task. Justification of a position of that the special subject of a crime admits the person possessing besides obligatory sings of the subject of a crime additional, directly provided in law or following from it.
Model. Methodological basis of research is the dialectic method of knowledge of the phenomena and the processes of reality assuming their studying in continuous development, close interrelation and interdependence. In process it is investigated set of general scientific methods of the research: comparison, the analysis, synthesis, comparative and legal and other methods.
Conclusions. To make changes to part 3 of article 290 of the criminal code of Russian Federation, instead of words to specify «by the head government» «faced, replacing a municipal position». Before to see criminal liability for bribery of foreign officials and officials of the public international organization within section 12 of the criminal code of Russian Federation «crimes against the world and safety of mankind». Criminal code of Russian Federation used regarding 3 article 290 the term «chapter of body of local self government» isn’t used by the Russian legislation that excludes its law-enforcement interpretation, for the purpose of ensuring the principle of systems carries the criminal law it is offered the replace it with concept «the person replacing a municipal position».
Practical value. Provisions, conclusions and offers can be used: in legislative activity, in educational process when teaching a course of criminal law in legal institutions of the Ministry of Internal Affairs of the Russian Federation, other ministries, departments, at further scientific researches in considered area.
Originality/value. Consist in opportunity in possibility of change of standards of the criminal legislation, the solution of the problems arising at qualification of crimes, the criminal codes of Russian Federation provided by articles 290 and 291.1.
ON THE QUESTION OF THE CRIMINAL LAW PROTECTION OF INFORMATION ON THE SECURITY MEASURES APPLICABLE TO PARTICIPANTS IN CRIMINAL PROCEEDINGS UNDER THE LAWS OF SOME FOREIGN COUNTRIES
Author: Linevich, Yan Vladimirovich
Keywords: security, disclosure of information about security measures, participants in criminal proceedings, a special rule on liability, the general rule, the criminal law of foreign countries
This article provides a legal analysis of international criminal law on the question of criminal law protection of information about security measures applicable to participants in criminal proceedings.
ON THE CONCEPT OF THE OBJECT CRIME IN ILLICIT STRONG OR POISONOUS SUBSTANCES FOR MARKETING PURPOSES
Author: Akimova, Irina Vassilievna
Keywords: potent substances, toxic substances, intoxicants, narcotic drugs, psychotropic substances, doping drugs, trafficking
The article deals with the notion of the subject of illicit trafficking of strong or poisonous substances for marketing purposes. Distinguishes these items with stupefying substances, narcotic drugs and psychotropic substances, medicines, as well as biologically active additives and doping agents. Investigate the subject of a crime in the various spheres of public life. For example, in medical practice, the veterinary industry, sports, industry and everyday life. Attention is given to equipment for the manufacture or processing of potent or toxic substances such as subject of the offense provided for item 234 of the Criminal Code.
ABOUT THE «BROAD» AND «NARROW» INTERPRETATION OF PROSECUTION
Author: Matvienko, Ilya Vladimirovich
Keywords: criminal prosecution, the criminal investigation, the investigation
Aim: to determine and disclose the initial moment of criminal prosecution, to propose changes in legislation.
Model: topic of research done by analyzing legislation, a comparison of the scientific approaches and practice problem prosecution.
Conclusions: the criminal prosecution starts to bring criminal proceedings in respect of a person is not put in the position of the suspect or accused.
Practical value: the main provisions of the article can be used in practice when calculating a reasonable period of criminal prosecution, when the right to the invitations of the defender, the right to rehabilitation.
Originality/value: in scientific work presents a new approach of broad understanding of a prosecution; the article is intended for scientists and practical workers, prosecutors, investigators and inquiry officers.
PROHIBITIONS AND RESTRICTIONS IMPOSED ON THE ACCUSED (SUSPECT) UNDER THE HOUSE ARREST
Author: Lineva, Ekaterina Sergeevna
Keywords: house arrest, preventive measures, prohibitions and restrictions
This article analyzes the prohibitions and restrictions that the court may impose on the suspect (accused) under house arrest. The theme of the article is relevant in connection with the need to determine the limits of these prohibitions and restrictions, as well as specification of the basic concepts related to the topic. On the basis of comprehensive analysis of the provisions of the Code of Criminal Procedure, as well as the scientific literature on this topic revealed major differences between the restrictions and prohibitions mentioned some conditions for the appointment of a preventive measure in the form of house arrest. It is proposed to separate the notion of "basic" and "other" places of performance of house arrest.
The article may be interesting for graduate students and young scientists in higher education.
CHANGING THE PARADIGM OF CRIMINAL PUNISHMENT FOR INTERNATIONAL CRIMES
Author: Miroshnik, Ekaterina Evgenievna
Keywords: victim, the International Criminal Court, human rights, punishment
The article investigates the legal status of the victim in the jurisprudence of the International Criminal Court. The author analyzes some general issues relating to sentencing in international criminal law. This article deals with the material aspect also damages to the victim.
PECULIARITIES OF INVESTIGATION OF CRIMES CONNECTED WITH REALIZATION OF COMBUSTIVE-LUBRICATING MATERIALS
Author: Samoylov, Alexander Yurievich
Keywords: statement of the prosecution, investigation of crimes, the reasons and conditions of commission of crimes, chemical and oil-refining industry
Background: Consideration of issues of disclosure and investigation of crimes connected with realization of combustive-lubricating materials.
Materials and methods: When writing the article was applied methods of logical analysis and synthesis, statistical and systematic methods, methods of generalization of the investigative practices.
Scope of the study: Article features activity bodies of inquiry and the inspector at a stage of excitation of criminal case are considered there are concrete enough tactical receptions actions, directed on an establishment of necessary and sufficient conditions for basis and the lawful beginning of criminal trial.
Conclusion: improving tactical provisions on identification, disclosure, investigation and repression of the crimes connected with realization of combustive-lubricating materials.
PRACTICAL ISSUES OF ACCEPTING INSTRUCTIONS
Author: Oreshin, Evgeny Viktorovich
Keywords: priority of instructions, instructions of regular clients, conflict of interests
In the article topical issues of legal ethics in Russia are examined, more specifically practical difficulties in accepting instructions. Author draws the conclusion that further improvement of deontological regulation of advocacy is necessary, likewise adjudgement of priority of instructions, output of a uniform approach to accepting instructions of regular clients and further discussion on conflicts of interests.
MAIN DIRECTIONS OF ORGANIZATIONAL PRINCIPLES OF INTERACTION OF THE INTERIOR WITH THE NGOS AND THE MEDIA IN THE PREPARATION AND CONDUCT COUNTER-TERRORIST OPERATION
Author: Ahmadov, Chingiz Yavusovich
Keywords: internal affairs agencies, the media, NGOs, anti-terrorist operation, interaction
This article considers the main directions of enhanced interaction of internal affairs bodies and institutions of civil society (media and non-governmental organizations) in terms of training and counter-terrorist operations, the algorithms such interaction. Relevance of the issue in question due to the fact that the legal regulation of joint activities to ensure public order in terms of training and who needs a moment to be improved, including improving legal security. On the one hand, with regard to the legal basis for each of the subjects passed a special interaction of normative legal act. On the other, in the regions adopted and implemented comprehensive crime prevention program, which is an integral component of this interaction appears. However, it is relevant to the preparation and conduct of WHO technological interaction ATS regulatory issues and civil society from the perspective of law yet.
DEVELOPMENT OF CANADIAN LEGISLATION IN THE FIELD OF RENEWABLE ENERGY AND ENVIRONMENTAL PROTECTION
Author: Kurbanov, Rashad Afatovich
Keywords: energy law, Canada, renewable energy, environmental law, energy efficiency, "green" energy
This article discusses the development of Canadian legislation in the field of renewable energy and environmental protection. This topic is very relevant not only for Canada but for the whole world, since now more acutely raises questions exhaustibility minerals, in particular energy resources, and environmental issues.
ADMINISTRATIVE AND LEGAL CONTROL FACILITIES TERRITORIAL SERVICES PROVIDING THE PUBLIC ORDER REGIONAL LEVEL
Authors: Betskov, Alexander Viktorovich; Kilyaskhanov, Hizri Shapiyevich; Milyukov, Dmitry Vladimirovich
Keywords: environment, ecological offense, complex improvement, earthwork, sanitary zone, comfortable and safe life
In the publication, main objectives, tasks and the functions, peculiar to territorial law-enforcement bodies and bodies of administrative and technical supervision (inspection) of subjects (areas in their structure) are presented to the Russian Federation. The comparative analysis in respect of similarity of some of them is carried out. Valid conclusion about need of the organization of interaction for interests of the joint solution of tasks of ensuring the rights and freedoms of citizens and foreign citizens in the served territory, in the field of comfort of accommodation, health and safety, safety of property of citizens in a place of their accommodation, thus, real providing a guarantee of the Constitution of the Russian Federation in this sphere of human life.
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Authors: Tatkov, Oleg Vladimirovith; Betskov, Alexander Viktorovich; Kilyaskhanov, Hizri Shapiyevich
Keywords: reproductive capacity, mortality, adaptation, AIDS, tuberculosis, drug addiction, tobacco smoking, alcoholism, abortions, patriotism
State of the nation's health has long been a concern not only in society, but also in science. Project team conducted a study on the health of Russians, now based on reliable information sources: statistics, survey results, the expert survey. The basic results of scientific research are presented in the article. This is a conclusion based on research by a number of factors, that the people of Russia is on the edge of death. If you do not intervene in this process, the future population is very bleak. Article is informational and advisory nature of applied property. As a result of the research findings in this article, you can define the main directions of improving the situation in this area within the State.
THREE VECTORS OF INNER-PARTY POLITICAL OPPOSITION IN THE CONTEMPORARY RUSSIAN HISTORY OF TRANSITION PERIOD (1985-1991 YEARS)
Author: Deryabina, Yekaterina Semenovna
Keywords: opposition, intersystem historical situation, system, nonsystem, intersystem, political tactics, political strategy, system methodology
The article highlights some features of arising the opposition trends in the Communist Party in the period from 1985 to 1991. Historical comprehension of the analyzed political events is based on system methodology; it allows to consider some opposition trends in the CPSU from the position of the public system which they represented and defended. Specific character of social and power relations in the USSR in the 80-ies - 90-ies of XX century revealed itself at the level of functioning the contrary vectors of political opposition. The paradox of the transitional historical situation was that, first, one and the same political party, the bloc, the movement acted as system forces and nonsystem ones simultaneously; second, in the destroying Soviet social system both the system opposition forces and the nonsystem ones arose in the CPSU itself.
MEANING EXAMINATIONS, STUDYING TO MENTAL REFLECTION INANIMATE NATURE, IN THE DETECTION AND INVESTIGATION OF CRIMES
Author: Chegodaeva, Svetlana Sergeevna
Keywords: reflection, interaction, traces mapping, forensic examinations, information
The article deals with such important and interrelated categories as teamwork, reflection and information, and the interaction as a starting reflection factor. Considered stage mechanism of committing a crime in their relationship with the act of physical interaction. Classification of reflection offered in four categories. Particular attention is paid to the first category - to mental (material) recognition of inanimate nature, in which the reflection appears in two forms, and on specific types of expertise shows how the properties of material objects are recognized and how the reflection of the process of interaction.
DAMAGE ASSESSMENT IN THE DEFINITION OF ECONOMIC CRIMES
Authors: Amiiants, Konstantin Arkadievich; Mordovina, Anneta Arkadievna
Keywords: damages for loss of profits, theft, economic, crime loss
The authors analyze the structure of the damage caused by crime. In this paper, which focuses on economic crimes, we clarify the concept of damage caused by the offense. Our issue highlights shortcomings of current forensic practices and laws.
ON THE FACTORS INFLUENCING THE CENTRALIZATION AND DECENTRALIZATION OF STATE POWER
Author: Tsaturyan, Tamara Vladimirovna
Keywords: centralization, decentralization, a factor governance
The article deals with the problem of optimal ratio of centralization and decentralization of State authority in the sphere of legislative activity, where the most poignant moments occur in practice, when a federal Center strictly prescribes the scope of entities and regional authorities often exceed their own competence. Special attention is given to overcoming the continuous processes of redistribution of authority to contract and expand the functions that occur in public administration.
SPECIAL ORDER OF CRIMINAL PROCEEDINGS AGAINST THE HEAD OF THE INVESTIGATIVE BODY
Author: Ivanova, Elena Vladimirovna
Keywords: Chairman of the RF Investigation Committee, opening criminal case, immunity, head of the investigative body
Problem: is a person having special legal status. In this respect, containing a number of features should be used against him. In particular, it concerns the particularities of opening a criminal case. Our immediate task is to investigate the problem arising in connection with the criminal case against the Chairman of the RF Investigation Committee.
Model: Writing the article we have analyzed the RF Criminal Procedure Code regulations, in terms of particularities of opening a criminal case against the Chairman of the RF Investigation Committee .We used statistical data , as well as materials published on this topic in periodicals.
Study findings: The legislators have provided a number of features that must be met when opening a criminal case against the Chairman of the RF Investigation Committee. This article gives examples indicating gaps in the specific rules of the Criminal Procedure Code, and the procedures in general. The possible solutions of the identified and specified problems are suggested.
Practical implications: Conclusions and recommendations can be used by investigators, scientists researching problems of reinstatement procedures, as well by university professors and law students.
RECOVERING LOST CRIMINAL CASES BY THE HEAD OF THE INVESTIGATIVE BODY
Author: Ivanova, Elena Vladimirovna
Keywords: reinstatement lost criminal cases, the head of the investigative body
Problem: To explore the problems of practical implementation of specific powers for recovering lost criminal cases granted to the head of the investigative body.
Model: While writing the article we have analyzed the RF Criminal Procedure Code regulations regarding reinstatement procedures fulfilled by the head of the investigative body. Information published on this topic in periodicals and monographs is used in our work.
Study findings: having vested the head of the investigative body with specific authority to reinstate lost criminal cases, the legislators haven’t solved the problems the RF Criminal Procedure Code regulations concerning procedural order. We suggest possible solutions of the identified problems.
Practical implications: Conclusions and recommendations can be used by investigators, scientists researching problems of reinstatement procedures, as well by university professors and law students.
MEDICAL INSURANCE OF WORKING MIGRANTS FROM COUNTRIES - MEMBERS OF COMMONWEALTH OF INDEPENDENT STATES
Author: Semenov, Ilia Valerevich
Keywords: Commonwealth of Independent States, foreign citizen, illegal labor migration, labor market, patent, work permit, worker - migrant
In article identified specificity of medical insurance of working migrants, residing to Russia from other countries - members of Commonwealth of Independent States, proposed measures to improving current system of providing them medical assistance in the territory of Russian Federation.
THE ROLE OF THE COMMISSIONERS FOR CHILDREN'S RIGHTS IN THE RUSSIAN FEDERATION IN THE INFORMATION SECURITY OF MINORS
Author: Zhurko, Artem Vladimirovich
Keywords: Commissioner for Children's Rights, the Ombudsman, minors, information security, children’s rights
Author of this article explored the today's relevance of information security protection of children problem, analyzed the legal framework to protect the children’s rights from the effects of the information environment, and determined the main goals and objectives of the Commissioner for Children’s rights in this area.