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VERSATILITY OF THE CONSTITUTIONAL RIGHT TO APPEAL
Author: Shirobokov, Sergey
Keywords: constitutional right to an appeal, versatility constitutional norm, the interaction between citizens and state bodies, universal qualities and properties of constitutional law
The objective: To analyze the content of the constitutional right of access to the universal in relation to other categories of constitutional rights of citizens of the Russian Federation. Prove particular importance and universal quality of the constitutional right of citizens to appeal.
Model: As a methodological basis used by the system of philosophical knowledge which allow to formulate the basic criteria of the requirements for scientific theories to the study of the essence of the phenomena of social life and the essence of the individual features. Methodology article serves as a general scientific knowledge of the dialectical method and the ensuing public-scientific methods: system-structural, concrete sociological, technique-law, the method of comparative analysis.
Conclusions: The constitutional right of citizens to appeal to the state authorities and public administration is a universal legal category. With the help of the right of access implemented almost all the legal categories of the legal status of the individual in the state.
Scope of the study: The content of the article can be proposed as theoretical approaches for further research possibilities and the unique properties of the citizens' rights to appeal. Materials research can be used in the teaching of constitutional law and disciplines of municipal law.
Practical value: The performed scientific research allows expanding the parameters of the use of other categories of citizens' constitutional rights. It is proved completely new universal property rights of a certain category, allow you to expand the criteria for democratic freedoms.
Social consequences: a wider awareness of the content of the article will allow the citizens of the Russian Federation to use its initiative, in cooperation with state authorities and local governments. Materials research, reflected in a scientific paper can be IP-scientists to use by researchers for further work on the definition, and Resolution of contemporary problems of constitutional law.
Originality: The author first disclosed the content of the constitutional right to treatment in the context of universal theories. The content of the material research article can be used to further explore the interaction between citizens and the state.
THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION IN THE SYSTEM OF BODIES OF STATE POWER
Authors: Yakhina, Julia Harisovna; Gripp, Elvina Harisovna
Keywords: constitutional Court of the Russian Federation, constitutional (Charter) courts of subjects of the Russian Federation, ensuring the constitutionality, judicial constitutional control, constitutional order, the supremacy of the Constitution, the powers of the constitutional courts, the Constitution, the law, the judiciary, the judicial system, protection of constitutional rights and freedoms of man and citizen
Task: the article analyzes the constitutional Court of the Russian Federation in the system of bodies of state power. The authors have conducted an analysis of the legislation of foreign countries on the subject. Discusses the problems of legal regulation and proposals for the improvement of constitutional legislation in this sphere.
Model – Methodology: In this work, were used dialectical, logical, formal-legal, comparative legal methods, which allowed to study the problem of the status of the constitutional Court of the Russian Federation in the system of public authorities to fully and comprehensively.
Conclusions: the results of the conducted research is necessary to improve the constitutional legislation in this sphere. The conclusions reached by the authors of scientific articles can be used to conduct further research on this issue. The author concludes that the constitutional Court of the Russian Federation is a special judicial body of the state power. Its special character due to his unique powers. This body forms an independent branch of state power, and is adjacent to the judicial branch, having the features of judicial authority. However, should not be included in the overall judicial system. According to the authors, it is advisable to create a unified system, including the constitutional Court of the Russian Federation and constitutional (Charter) courts of subjects of the Russian Federation, securing it in the Constitution of the Russian Federation in the form of a separate Chapter.
The scope of the study. The conclusions reached by the authors of scientific articles can be used to conduct further research on this issue.
A practical value. The article can be used in the process of teaching "Constitutional law of Russia", besides the materials of the article can be used by students of educational institutions for writing articles, reports, abstracts, etc.
Originality/value: the Scientific article is intended for discussion of the problem teachers, graduate students and law students.
THE MILITARY JUDICIAL CHARTER OF MODERN RUSSIA: MYTH OR REALITY
Author: Veretennikov, Nikolay Nikolaevich
Keywords: Military Justice regulations, army, military justice, mobilization, conditions, war
The article analyses the historical periods of development of the legislation on military courts. The author comes to a conclusion about necessity of development and adoption of the Military court of the Charter - normative-legal act regulating the activities of the military courts in the Russian Armed Forces during mobilisation and war.
The conclusions and suggestions contained in this article will be useful primarily to lawyers specializing in the field of legislative activity
THE VALUE OF LEGAL EDUCATION AND LEGAL TRAINING TO STRENGTHEN SOCIAL AND LEGAL VALUES IN THE CONSCIOUSNESS OF RUSSIAN CITIZENS
Author: Golovchenko, Galina Aleksandrovna
Keywords: legal education, legal training, social values
The article is devoted to topical issues of improving the legal education and legal training in the context of consolidation in the legal sense of the fundamental social and legal values.
ISSUES OF LAW REGULATION AND DEVELOPMENT OF LAW CULTURE IN CONDITIONS OF MODERNIZATION IN MODERN RUSSIA
Author: Kazakov, Gerasim Aleksandrovich
Keywords: law culture, problems, law, regulation, modernization, modern Russia
This article is devoted to learning of some issues of law regulations and development of law culture in conditions of modernization in modern Russia, including political and law spheres. It is necessary to accentuate attention on development of person and realization of personal requirements in law regulation and development of law culture of person.
STRENGTHENING OF THE MORAL FOUNDATIONS OF LAW AS AN ESSENTIAL FACTOR COUNTERACT THE LEGAL NIHILISM
Author: Khanukaev, Yusuf Eduardovich
Keywords: law, law, justice, legal nihilism, the legal order, good behavior
The article deals with such an important factor in combating legal nihilism of the Russian society, strengthening its spiritual and moral foundations.
STATISM AND LIBERALISM AS BASIC MODELS OF STATE AND LAW CORRESPONDENCE
Author: Kalish, Daria Borisovna
Keywords: state, law, statism, liberalism
Background: The complexity of the state and law as social phenomena determines the ambiguity of their theoretical interpretations. With the development of society new approaches to understanding the nature of state and law and nature of their relationship emerge. One of the major challenges of our time is to create an effective mechanism of interaction of state and law that shall ensure a dynamic development of society. It is necessary to avoid the extremes. I.e., the state should not be understood as an unlimited will. E. Eagle, M.E. Owona, M. Coutu, G. Rocher and others are among the authors who study this problem.
Materials and methods: In this article the author used the method of dialectics that provided an opportunity to examine the State and law as interdependent phenomena. The functional approach was used to explore the relationship between the State and the law as it appears in the course of their social functioning. This method helped to identify the limits of static intervention. The systems approach was due to the systemic nature of State and law and their integration into a social system in general.
Conclusions: Depending on the approach, the state can be seen as a dominant force or, on the contrary, the law can be given precedence over static power. While considering the problem of State and law relation it is necessary to examine the different concepts as well as to take into account the exact historical situations in which State and law evolved.
Results: The study results may find practical application in the field of public administration, legislative and law enforcement activities of public authorities to ensure the principles of democracy and ideals of the rule of law. The results may also be used in educational courses of theory of law and state, philosophy of law, history of political and legal doctrines.
Originality/value: The scientific significance of the study lies in the fact that it makes a contribution to the study of one of the fundamental issues of state and law theory and history of political and legal doctrines. Study of interrelationship of state and law allows determining the specifics of conceptions regarding natures of these social phenomena.
THE SOCIAL FUNCTION OF THE MODERN STATE: PROBLEMS OF RESEARCH
Author: Kutuzov, Alexander Anatolyevich
Keywords: social function, the welfare state, civil society, the rights of the second generation, globalization
The task. The article investigates theoretical and legal foundations of social functions of the state, taking place in the modern domestic science. Interest in the topic is called by the lack of common understanding of the social function of the modern state in theoretical science. Researchers of social functions of the state are faced with a number of theoretical and practical problems, which lead to incomplete conclusions. The article describes the factors affecting the social function of the state, examines the main trends in the development of the social function of the modern state, written in the domestic (OV Rodionov) and foreign (J. Keane., J. Francis. Castles) literature. The main goal is to build the most complete definition of the social function of the modern state.
Methods. The methodological basis for writing this article was the dialectical approach, which allows us to consider the phenomena in their interconnection and development, in particular, identifying the driving forces of the state, discovering those elements of the state, which may result in changes to certain qualitative transformation. An important place in the study took formal-legal method that allows expansion of the concept of the social functions of the state.
Conclusion. Analysis of existing definitions of the social functions of the state, as well as the study of the factors influencing the social function of the state, leads to the conclusion about the absence of a common understanding of the social function of the dynamic nature of this phenomenon. The results of this study propose a new definition of the social function of the state, which reflects current trends in the development of state and society.
SOME QUESTIONS OF APPLICATION OF THE PRINCIPLES OF THE CONTRACT SYSTEM IN PROCUREMENT
Author: Ãðèãîðÿí, Òàòåâèê Ðóñòàìîâíà
Keywords: principles of law, principles of contract system, social control, procurement
The article studies the problem of understanding and application of the principles of the contract system. The author gives an analysis of the legislation on the contract system in implementing the principles of the contract system.
SOME ASPECTS OF THE PROCEDURE FOR CONCLUDING THE CONTRACT OF INSURANCE OF ENTREPRENEURIAL RISK
Author: Lutovinova, Natalya Viktorovna
Keywords: legal regulation, insurance, insurance law, business risks
the article is devoted to one of the most pressing issues of civil rights and, of course, is of interest not only scientifically, but also from a practical point of view. The paper discussed in detail the procedure for concluding an insurance contract business risks in the modern world, represented by its legal description, you can see the criteria by which the courts of the Russian Federation delimit insurance business risk of the risk of liability insurance, property insurance, the contents illustrated interesting jurisprudence.
PROCEDURAL FORMS OF PROOF
Author: Talykin, Evgen Anatolyiovich
Keywords: arbitration procedural form, enforcement, evidence, knowledge
The article is devoted to the justification of the scientific problems related to the procedural forms of proof in the arbitration process. We analyze the structure of the place of proof in a court of law enforcement and the impact of these items is considered procedural form, which corrects the result of a logical proof for the purposes of the proceedings, taking into account the basic principles of industry regulation. It is proved that the procedural form of proof is the factor that finally and clearly delineates the knowledge and evidence identifying the subjects, the purpose, methods, resources, time, score and other characteristics. The methods of the impact of the procedural forms on natural processes (establishment of rules of admissibility of evidence and the initial data vesting (loss) legal effect of its results).
SERVICE LEGAL NATURE OF THE DUTIES OF MAN AND CITIZEN IN THE ADMINISTRATIVE AND LEGAL RELATIONS
Authors: Yunusov, Muslim Abdulzhabarovich; Yunusov, Emzari Abdulzhabarovich
Keywords: duty, law, public relations, administrative and legal regulation, complex system status
The obligation and the right, there is a necessary condition for objectification, shaping social relations existing in need of legal protection. Public relations should be based on the principles of justice - the foundation of all legal relations. Legal nature of the duties is a set of interrelated elements that make high-quality built-administra-tive legal relations.
THE INSTITUTIONALIZATION OF THE STATE FUNCTION OF LEGAL REGULATION OF MIGRATION
Author: Zagorulko, Nikolay Viktorovich
Keywords: institutionalization, stages, migration, migration policy
Background. Today migration processes significantly affect all aspects of social life of the Russian Federation, and, as a consequence, in such circumstances, there is a new independent function of the state associated with the legal regulation of migration. The task of studying the stages of institutionalization of legal regulation of migration as state functions to come to the fore. The aim of our investigation is to study social and legal grounds of the institutionalization of legal regulation of migration as a function of the Russian Federation.
Methods. The methodological base of this study is synergetic approach which used to investigate the process of institutionalization of the state function of the legal regulation of migration as consisting of a large number of parts and components (stages) that interact with each other and giving in the course of their interaction synergistic effect. During the work were also used in the academic literature, methods and approaches: formal-legal method, comparative legal approach; the methods used in other sciences: sociological and statistical methods.
Conclusion. Having analyzed the process of institutionalization of the state function of legal regulation of migration, we can conclude that the Russian Federation has developed a balanced migration policy aimed at protecting public and private interests. It has created a system of state agencies headed by the Federal migration agency of the Russian Federation which regulates migration processes. In the process of institutionalization of the state function there have been created an array of conceptual, strategic and programmatic laws.
Dedicated in the research process the stages of institutionalization of the state function of legal regulation of migration can be used to study similar processes in other state functions.
MEANS OF COMBATING ILLEGAL MIGRATION ACCORDING TO THE RUSSIAN LEGISLATION
Author: Akhmedov, Mikayyl Nasreddin Oglou
Keywords: migrants, illegal migration, prevention, combating, organizational aspect, administrative and legal aspects, criminal law aspect
This article describes the Institute of illegal migration. The author analyzes the state with two approaches: organizational and legal. Seeing them together and independently to the author concludes that the Russian legislation provides for a well-developed system of measures against illegal migration.
SOCIAL NEUTRALIZATION AND MORAL TRANSFORMATION OF THE OFFENDER AS THE MAIN PURPOSE OF STATE FOR CRIME PREVENTION
Authors: Ibragimov, I.M.; Dzahbarov, Yu.a.
Keywords: crime, the social rule of law, penitentiary practice, law enforcement, imprisonment, criminological research
In article are consideredspecific scientific directions and methods of qualitative improvement of the legal, law enforcement, forensic-procedural and Criminal-Executive activities of the relevant State bodies and public associations, directed against the way of life and intentional criminal acts of which have undertaken a variety of offences and crimes.
SENTENCING IN EXCEPTIONAL CIRCUMSTANCES IN THE HISTORY OF RUSSIAN CRIMINAL LAW
Author: Miftakhov, Aydar Maskhutovich
Keywords: history, exceptional circumstances article
Task. Legally analyze the historical aspect sentencing in exceptional circumstances in the history of Russian criminal law.
Model. The assigned task is performed in the study of normative legal acts of the Russian Federation.
The findings are presented in a list of circumstances mitigating the responsibility of the guilty as well as proposals to improve the legislation.
Scope of the study due to chronological history of the Soviet period the state. The results of scientific research can be applied to improve the current legislation.
The practical significance is that these materials may be used in teaching right stories.
Social consequences, impact on society in that article updates the problem of relevance to the individual and the improvement of modern legislation.
Originality, value. From this work could benefit lawyers and lawyers working virtually. Perform a task that previously in scientific terms is not intended.
THE POSITIVE EFFECTS OF THE COURSE OF THE POSTNEMENT OF PUNISHMENT OF THE DRUG ADDICTS
Author: Sysoyev, Roman Andreevich
Keywords: crime, convicted, delaying punishment drug addicts, responsibility, cancellation postponement of punishment of the drug addicts, departure delay punishment, release, criminal executive inspection
The effects of current assigned criminal punishment or measures of criminal-legal nature often comports with the responsibility of convicted persons, which can be expressed both in negative and positive components. In view of the fact that the consequences of a course of this kind of postponement with regard to its observance has not been reported in the works of scientists, the author examines it in the context of this study.
In accordance with Art. 82.1 of the Criminal Code and Art. 178.1 PEC Russian stand following the end of the long-term course of postponement of the punishment to drug addicts:
1. Departure deferment of serving the sentence in full and sending convicts to serve their sentences in the place designated in accordance with the verdict of the court.
This kind of positive responsibility has both positive traits and negative, due to the wording of the regulatory consolidation of these institutions of law and with the established practice of its implementation. In the result of the study is proposed to amend Art. 82.1 of the Criminal Code by providing the court of law decision of a question on necessity of execution of his sentence by giving him the right replacement of the remaining part of punishment with softer kind of punishment, and the abolition of the punishment to a convict with a criminal record expunged.
2. The release of the convicted person from serving a sentence or the remainder of the punishment.
As part of the issue perplexing categorical wording set out in hours. 3 of Art. 82.1 of the Criminal Code and Part. Article 8. 178.1 Criminal Enforcement Code, according to which the UII must send the corresponding representation in court, and the court is obliged to satisfy in compliance with formal requirements, it does not take into account the individual characteristics of the convicted person, as well as the judgment of the treating physician. In this regard, it is proposed to exclude the obligation of the Criminal Executive Inspection direct representation in court on the issue, and the court to release the convict from serving the sentence or the remainder of the sentence, replacing it with the corresponding right of these institutions, subject to compliance with the Court's convicted deferred punishment.
According to the author's point of view presented on display negative aspects of the course of the postponement of punishment of the drug addicts need to be improved, which will have positive effects not only for the convict, but also for society as a whole.
THE OBJECTIVE ASPECT OF THE COMPOSITION TO THE INFLICTION OF SERIOUS OR MODERATE BODILY INJURY IN THE HEAT OF AFFECT: A BRIEF OVERVIEW
Author: Chuchelov, Egor Nikolaevich
Keywords: crime, personal injury, moderate and serious bodily injury, affect, objective evidence, the objective aspect of the crime
the article considers the objective side of the crime under Art. 113 of the Criminal Code The Infliction of serious or moderate bodily injury in the heat of affect. In view of the existing points of view set out in the legal literature, the author analyzes both mandatory and optional features of the composition. The result of this study emphasizes that although in general the objective aspect of the crime under Art. 113 of the Criminal Code as a whole expressed in the act, but the commission of a crime of inaction can only hypothetically.
LEGAL COMPARISON ANALYSES OF RUSSIAN AND SEVERAL FOREIGN COUNTRIES LEGISLATION REGARDING LIABILITY FOR IMPEDING PROPERTIES PRESERVATION THAT IS SUBJECT FOR RECOVERY
Author: Geyko, Pavel Petrovich
Keywords: concealment of the property, restoration of the creditors’ rights, recovery of the property, preservation of the property, ñountermeasures, protection efficiency of preservation
The article gives legal comparison of national criminal law ensuring preservation of the property that is subject for recovery with legislation of Belarus, Kazakhstan, the Federal Republic of Germany, the UK, China. The author stresses to a number of rules of criminal law of foreign countries, which to some extent may be considered by national legislator in the improvement process of the relevant norms of the existing Criminal Code of the RF.
THE NOTION OF "SPECIAL MEANS" TO SUPPRESS OFFENCES
Author: Grozan, Evgeny Nikolaevich
Keywords: special funds, rights and duties of the police, the rights of citizens, crimes, offences, protection of public order and public safety, state coercion, compulsion, an administrative measure
the article deals with the legal regulation of the right to use police special means, determines its place in the system of coercive measures and the purpose of the protection of public order and public security. Analysis of the concepts of "special means" occurring in the scientific and educational literature. On the basis of selected features and characteristics of the special funds is their scientific definition.
SOME PROBLEMATIC ASPECTS OF IMPROVEMENT OF THE CRIMINAL LAW ON CRIMES AGAINST SEXUAL INVIOLABILITY AND SEXUAL FREEDOM OF THE PERSON
Authors: Panferov, Dmitry Nikolaevich; Pugachev, Alexey Viktorovich
Keywords: crimes against sexual inviolability and sexual freedom of the person, rape, sexual acts, sexual intercourse, sodomy, lesbianism, indecent assault
Task: the reason for writing articles is the need to reform the criminal law on crimes against sexual inviolability and sexual freedom of the person.
Methods: the ìethodological basis of the work are dialectical method of scientific knowledge, as well as the following special methods: logical, systematic, dogmatic and comparative law.
Conclusions: expressed in this article value judgments and recommendations aimed at overcoming the existing challenges and gaps in the criminal-legal regulation of crimes against sexual inviolability and sexual freedom of the person.
Practical significance: is that in the work of the proposals for the systematization and improvement of criminal legislation on crimes against sexual inviolability and sexual freedom of the person.
The originality of the work: is determined by the novelty of the proposals and the author's approach to change of Chapter 18 of the criminal code «Crimes against sexual inviolability and sexual freedom of the person».
Value: this article is focused on the faculty of the law school, graduate students, adjuncts, job seekers and students interested in issues of criminal law and the qualification of crimes, as well as police officers, prosecutors and judges.
SOME QUESTIONS OF CRIMINAL - LEGAL PROTECTION OF THE HUMAN FETUS
Author: Ismagilov, Rinat Albertovich
Keywords: human life, fruit of the person, brain, abortion, killing of a fruit, clinical death, family planning
Task - by means of studying of structures of the Art. of Art. 105, 106, 123 of the criminal code of Russian Federation to make suggestions for improvement of the criminal - legal protection of a fruit of the person.
Model / Metodology - methodological base of research make the provision of criminal and legal science. During work general scientific and system and structural approaches, statistical and logical, sociological and historical methods of research, methods of comparison, synthesis and the analysis were used.
Conclusions - in article questions of the beginning and end of criminal legal protection of human life are considered, the legal assessment is given to killing of a fruit in mother's womb, the differentiated approach to qualification of the crimes connected with killing of a fruit of the person is offered.
Practical value - consists that conclusions containing in it can be used at legislative activities for improvement of the existing criminal legislation.
Originality/value: work is intended for investigators of investigators by production of preliminary investigation and legislature.
CORRUPTION AS A GLOBAL SOCIAL PHENOMENON OF MODERN TIMES
Authors: Mukhamedyarova, Leysyan Venirovna; Gazizova, Olga
Keywords: corruption, the social phenomena, anticorruption measures, philosophy
Task: the reason of writing the article was the height of corruption.
Methods: Dialectical method of social phenomena cognition made it possible to analyze corruption in contemporary social and cultural landscape; the phenomenological method has contributed to stating the differences between the human existence in the mode “to be” and in the mode “to have”, in their specific revelations; comparative analysis was used to compare the opposite forms of the human existence.
Conclusions: expressed in this article value judgments and recommendations aimed at overcoming the existing the corruption as the social phenomenon.
Practical significance: The main points and conclusions of the article can be used in scientific, educational and practical activities in the review and analysis of the social transformations taking place in modern times, including from the point of view of corrupt practices.
The originality of the work: defines a systematic approach to the consideration and solution of problems.
Value: this article is oriented to the faculty advisors of institutions of higher learning, graduate students, adjuncts, competitors and students, interested in the questions of social philosophy.
TO A QUESTION OF SPECIFICS OF A SUBJECT OF ASSIGNMENT AND WASTE
Authors: Garifullina, Razil Fayzullinovna; Khakimov, Elmira Robertovna
Keywords: plunder, plunder forms, assignment and waste, subject of assignment and waste, the entrusted property
A task – to analyse concept of a subject as a facultative sign of corpus delicti, and also specific signs of a subject of assignment and waste.
Model – during work general scientific and system and structural approaches, statistical and logical, sociological and historical methods of research, methods of comparison, synthesis and the analysis were used.
Conclusions – in article are considered questions of definition of a subject of the crime provided by Art. 160 of the criminal code of Russian Federation.
Practical value – the provisions and conclusions formulated in research can promote strengthening of attention to the revealed problems, increase of efficiency of fight against plunders.
Originality/value – the prepared scientific article contains debatable questions and is addressed to all whom actual problems of fight against assignment and waste interest.
ON THE QUESTION OF THE IMPLEMENTATION OF THE REPLACEMENT OF THE UNSERVED PART OF THE PUNISHMENT WITH A MILDER PUNISHMENT
Authors: Badamshin, Ilfat Davletnurovich; Faskhutdinov, Rustem Fayzulhanovich
Keywords: exemption from punishment, purpose of punishment, replacement of punishment, grounds and conditions replacement of punishment
Task: the reason for writing this article was the need to study the legal structure of the grounds and conditions of the replacement of the unserved part of the punishment with a milder punishment.
Methods: methodological basis of the work are the dialectical method of scientific knowledge, as well as the following special methods: historical and legal, logical, systematic, dogmatic and comparative legal.
Conclusions: expressed in this article are value judgments and recommendations aimed at improving the legal regulation of the considered norm for its more effective use.
Practical significance: It lies in the fact that the article was done a systematic analysis of criminal-legal mechanism to ensure the implementation of the replacement of the unserved part of the punishment with a milder punishment.
The originality of the work: determined systematic approach to the consideration of the grounds and conditions of the institution of replacing the unserved part of the punishment with a milder punishment, and solve problems arising in its implementation.
Value: this article focuses on the faculty of law schools, post-graduate students, job seekers and students interested in the regulation in the criminal law forms exemption from punishment.
DISQUALIFICATION TO HOLD CERTAIN ACTIVITIES AS A FORM OF CRIMINAL PUNISHMENT, APPLY TO MINORS
Author: Fokin, Vladimir Alekseyevich
Keywords: disqualification, hold on certain activities, punishment of minors, types of punishment
We analyze the penalty of deprivation of the right to engage in certain activities apply to juveniles. Based on the study expressed justified proposals on ways to optimize and deprivation of the right to engage in certain activities in the Criminal Code of the Russian Federation.
SAFETY OF THE PERSONALITY AT ALLOCATION, CONNECTION OF PRODUCTION ON CRIMINAL CASE
Author: Dmitrieva, Anna Alexsandrovna
Keywords: protection of witnesses, protection of the victims, participants of criminal trial, protection of the rights of the personality, allocation of criminal case, connection of criminal case
in article problems which can arise in the course of providing measures of the state protection and safety of the participants promoting criminal justice, in case of adoption of the proceeding decision on release of materials of criminal case, about allocation of criminal case or about connection of criminal cases in uniform production are considered. The person the attention is paid to practice of application of the pre-judicial cooperation agreement and allocation of criminal case in separate production as independent measure of criminal procedure safety.
LEGAL EVENCE AND PROCEDURE OF JUDICIAL CRIMEN INVESTIGATION
Author: Mashovets, Asiya Okeanovna
Keywords: legal evidence, the judicial investigation, the criminal case
The article investigates the issues related to legal evidence and procedure of the judicial investigation of the criminal case. The increased attention given to the role of the presiding at the examination of evidence during the trial. The author concludes that the judicial investigation is present both at the appellate review of the case and the stage of the appeal proceedings, and other judicial procedures.
PROBLEMS OF DEVELOPMENT OF THE INSTITUTION OF PRE-TRIAL AGREEMENT ON COOPERATION
Authors: Bertovsky, Lev; Edilova, Petimat Viskhanovna
Keywords: pre-trial agreement on cooperation, the procedural status of the accused, the official statistics
Objective: The purpose of a scientific article is that on the basis of comprehensive analysis of existing legislation to investigate a number of issues the institute pre-trial agreement on cooperation, to develop and justify proposals to improve it. These goals led to the formulation and approval of the following tasks:
- To find out the socio-legal and criminal procedure criminal procedure appointment mechanism of pre-trial agreement on cooperation;
- To carry out statistical analysis of application cooperation agreements in Russia and in the United States;
- Formulate and justify proposals for ensuring procedural safeguards who has concluded a cooperation agreement;
- Formulate and justify specific provisions for the improvement of criminal procedural law in the implementation of the institute pre-trial agreement on cooperation.
Model: In order to achieve the designated target article the general scientific knowledge of the dialectical method. The reliability of the results of the study also provided through the integrated use of these research methods as analysis and synthesis, induction and deduction, historical, systemic-structural, comparative legal, sociological, statistical and others.
Conclusions: This study suggests that a pre-trial agreement on cooperation - a contract concluded on the one hand by the prosecutor, in order to optimize the process of identification, detection and prevention of socially dangerous acts, and the second side - the person providing relevant criminal information about them, and committed these acts by other persons, as well as providing other assistance to law enforcement agencies in order to minimize the negative legal consequences for him for what he did.
Scope of the study: The article analyzes the institute of plea bargaining by the example of judicial decisions of courts of general jurisdiction of the United States and Russia, opens the question of latent crime, as well as some other problematic issues of judicial practice.
Practical value: the conclusions and recommendations contained in the article can be used in the further improvement of the Criminal Code of the Russian Federation; in research work on this issue.
Originality / value lies in the fact that the proposed new definition of relative pre-trial agreement on cooperation; justified the change order to enter into an agreement before the pre-trial criminal case with a person who has not previously brought to criminal responsibility.
PROBLEMS OF LEGISLATIVE REGULATOR OF USE OF ELECTRONIC INFORMATION AS EVEDENCE IN CRIMINAL PROCEEDINGS
Author: Pastukhov, Paul Sysoevicha
Keywords: electronic evidence, electronic information, the criminal proceedings
The paper analyzes the existing jurisprudence in different points of view on issues of legislative regulation of the use of electronic information as evidence in a criminal case. Particular attention is given to comparative legal study of criminal procedure of foreign states on the article.
AUTHORITIES – AS KIND OF VICTIM AT OFFENCES AGAINST PUBLIC JUSTICE
Author: Levkov, Daniel Yu
Keywords: migrants, victim, damage from crimes, offences against public justice, public agents, participants of legal procedure victim, judge, prosecutor, investigator, police officer
The article is devoted to a question about participants of legal proceedings, who has powers of authority, – as kinds of victim at offences against public justice. Author makes attempt to detect circle of this persons, who can become a grieved by reason of commission crimes are aforementioned over. As result he describes this subjects, makes suggestions for improvement of standards of the criminal legislation enshrined in the art. 294, 295, 296 of the criminal code of Russian Federation.
ACCESS TO JUSTICE IN THE POST-SOVIET STATES (COMPARATIVE - LEGAL ANALYSIS)
Author: Gurbanov, Ramin Afad oglu Cand
Keywords: judiciary, justice, access to justice, human rights, post-soviet space, European standards of justice, efficiency of justice
Free access to justice is one of the basic human rights guaranteed by the European Convention of Human Rights.
The article provides a comparative analysis of access to justice in the countries of the former Soviet Union. Despite the relatively short history of independence of the former Soviet republics in many respects the issue of access to justice in these countries resolved differently. The analysis in the article reveals the positive and negative features of systems.
THE ELECTORAL PROCESS AS AN OBJECT OF STATE ADMINISTRATION IN THE RUSSIAN FEDERATION
Author: Chistoborodov, I.G.
Keywords: migrants, Governance, electoral process, the object of government, the characteristics of the prevailing social relations in the electoral process, the participants of the electoral process
The article deals with the electoral process as an object of state administration in the Russian Federation. The author 's definition of the electoral process in relation to the research topic. The characteristic features of the prevailing social relations in the electoral process, proposed a classification of participants in the electoral process based approach to management.
SOME PROBLEMS OF LEGAL REGULATION OF COMPENSATION (SOCIAL COMPENSATION) ON CHILDREN IN THE LEGISLATION OF RUSSIA, BELARUS AND KAZAKHSTAN (THEORETICAL AND LEGAL ASPECT)
Author: Antonova, Natalia Vladislavovna
Keywords: migrants, harmonization of national legislations, public (social) benefits, family benefits, compensation, social compensation, social compensation to the children, indexation of compensation, budget of a living wage (BPM), the monthly calculation index (MCI)
This article presents a general description of compensation as an independent type of social security, as some of the most topical issues of legal regulation of compensation (social compensation) on children in Russia, Belarus and Kazakhstan.
SPIRITUAL AND MORAL INFLUENCE OF RELIGIOUS ORGANIZATIONS (ASSOCIATIONS) IN THE PROCESS OF CORRECTION OF CONVICTS IN CORRECTIONAL INSTITUTIONS AND THEIR PREPARATION FOR RELEASE FROM PRISON
Authors: Poezzhalov, Vladimir Borisovich; Linkevich, E
Keywords: the rehabilitation of convicted persons, means of correction, preparation for release from prison, educational activities, religious organizations
Task: the reason for writing the article was the need to explore spiritual and moral influence of religious organizations (associations) in the process of correction of convicts in correctional institutions.
Methods: the methodological basis of the research consists of the dialectical method of scientific knowledge, as well as the following special methods: historical, legal, logical, systematic, dogmatic and comparative legal.
Conclusions: expressed in this article value judgments and recommendations related to the fact that the activities of religious organizations on the rehabilitation of offenders and prepare them for release, as well as develop the basics of good behavior has a significant positive impact on the implementation of the goals and objectives of criminal legislation.
Practical significance: s that in the work of the recommendations on the issue of interaction between religious organizations with employees criminally-executive system in the process of correction of prisoners and their preparation for their release from prison.
The originality of the work: defines a systematic approach to the consideration and solution of problems encountered in the preparation of offenders for release from prison, and participation in religious organizations.
Value: this article is focused on the faculty of the law schools, graduate students, adjuncts, job seekers and students interested in issues of criminal law, as well as employees of criminally-executive system.