Âåðñèÿ íà ðóññêîì ÿçûêå
The full text of the journal
RESOLUTION OF LEGISLATIVE BUSINESS OF SUPREME COURT OF THE RUSSIAN FEDERATION IN RECENT PERIOD
Author: Saleyev, Marat Askhatyevich
Keywords: Supreme Court of the Russian Federation, legislation, court system, legal system, State Duma, bill, courts of law, arbitration courts system, seals, court association, statutory instrument
Supreme Court of the Russian Federation is regarded, as a source of legislative initiative. The theme settles down, that Supreme Court is low eutrophic authority in lawmaking area. Legislative business of Supreme Court of the Russian Federation was analyzed since 2008. Theoretic and practical problems were diagnosed in enjoyment of the rights of legislation by Supreme Court of the Russian Federation.
SOME THEORETICAL ISSUES OF INTERACTION BETWEEN LAW AND PERSONALITY IN MODERN RUSSIA
Author: Agasian, Kristina
Keywords: interaction, personality, law, personal growth
The article investigates some of the problems associated with the interaction between the individual and the legal system of modern Russia. The issues of interaction of law and the personality is important to examine from the standpoint of the need for personal growth and self-realization.
"THE LAW OF COLLECTIVE FARM LIFE - FROM THE PERSONAL TO THE PUBLIC"
Author: Popov, Vasily Petrovich
Keywords: the collectivization of agriculture, collective farms, model charter of agricultural artel, farmer’s homestead land (plot)
the problem of the relationship of the Stalinist leadership to the private economy of collective farmers, the struggle between the individual members of the top leadership of the country during the "Great Terror". On the basis of the first time introduced into the scientific revolution declassified documents of higher Party and Soviet authorities for 1937.
In the light of modern agricultural development policy the study has not only scientific but also practical significance.
TO THE QUESTION OF RESEARCH METHODOLOGY LOCAL TECHNO-LEGAL ACTS
Authors: Bauken, Alexander Amangeldinovich; Maliyenko, Denis Vladimirovich; Kuklin, Sergey Vadimovich
Keywords: methodology, local acts, technical and legal norms
Task: the Development of society in conditions of market economy increases the value of private-legal regulation. One of the phenomena of modern legal reality are local techno-legal acts. Expanding the scope of their application in practical activities of the organizations created a need to develop the methodological basis of the theoretical study of such acts.
Model: the study provided a general analysis of the structure of the research methodology local technical regulations. Three levels of research methodology appropriate to the levels of scientific knowledge on the law. Marked features of each level.
Conclusions: Theoretical studies of local acts, as an independent legal possible only if there is a unified methodological principles that provide the possibility of solving problems on all levels of legal knowledge.
TO A QUESTION ON THE CONCEPT AND THE RATIO OF PRIVATE AND PUBLIC INTERESTS
Author: Khalafov, Elchin Abuzyar ogly
Keywords: private interest, public interest, the public interest, national interest, national security, formation of the public interest
The article analyzes the position on the concept and the ratio of private and public interest. That last legal category calls the most lively discussions in jurisprudence. Particular attention is given to the order of formation of the public interest. Identified signs of public interest allowed for the author to formulate its own definition.
THE DEVIATIONS FROM THE PRINCIPLES OF LAW AND THEIR FEATURES
Author: Guryanova, Vera Vladimirovna
Keywords: principles of law, deviation from the principles of law, the violation of the principles of law, deviant legally significant behavior
The list of tasks for this scientific article:
1. to determine the deviations from the principles of law and their features;
2. to consider juridical measures for deviations from the principles of law.
Methodology. In this article the deviations from the principles of law and their features are researched on the basis of next scientific methods: analysis, synthesis, induction, deduction, etc.
Conclusions. The deviation from the principles of law is considered as a type of deviant legally significant behavior, which is characterized by the following features:
1) it depends on the type of principle of law;
2) in a global sense the deviations from some of the principles of law subsequently leads to the deviations of another principles, and in a narrow sense in relationships they can lead to the violations of fundamental rights and freedoms of man and citizen, subjective rights and interests, protected by law, etc.;
3) there are some juridical measures for deviations from the principles of law in the legislation:
The measures for deviations from the principles of law are legal liability (criminal penalty, administrative and disciplinary punishment; recognition of an act as invalid (as null and void); reversal of a judgement; amendment of a judgement; denial of justice, etc. There are other measures in the legislation.
The scope of the study – scientific results can be the basis profound study of determination of the deviations from the principles of law, research their features and measures for these deviations.
Originality – For the first time in jurisprudence deviation from the principles of law is considered as a type of deviant legally significant behavior.
OBOUT THE SOCIAL VALUE OF LAW IN THE CONTEXT OF IDENTITY FORMATION
Author: Golovchenko, Galina
Keywords: personality, the right, social value
The article is devoted to the social value of law as an important means of identity formation, its sense of justice and legal culture. This aspect of the social value of the law is as important as the regulation of the law of public relations.
LEGAL NATURE OF FUNCTIONAL CATEGORIES LEGAL LIABILITY
Keywords: legal responsibility, functional categories of legal responsibility, the functions of legal liability
The article deals with modern problems of legal science. Objective: To show the role of functional categories of legal liability. Objectives: To examine the main theoretical and legal aspects of the concept of functions of legal liability. Methods: The methodological basis functions of legal liability is the dialectical approach to the study of social reality. Conclusions: The author based on the analysis of the provisions of the current legislation and the views of legal scholars attempts to examine the legal nature of functional categories of legal liability, define the concept of function of legal responsibility, to carry out a specific legal analysis, to point out the main aspects of such functions.
FEATURE PROCEDURAL FORM OF PROOF IN THE ARBITRATION PROCESS OF THE RUSSIAN FEDERATION
Author: Talykin, Evgen Anatolyiovich
Keywords: arbitration procedural form, enforcement, evidence, knowledge
The article investigates the characteristics of the procedural form of evidence in the proceedings of the Russian Federation. We analyze the structure of the place of proof in a court of law enforcement. Based on the nature of the content, structure, activities to establish the circumstances of the case features a comparative analysis of the procedural form of evidence and other elements such as law enforcement expertise, and judicial decisions. We establish the characteristics of the procedural form of proof, in particular, compliance with the priorities of legal regulation of activity of arbitration; accounting features of cognitive processes, beliefs, reflection; focus on the validation of information, countering abuse and unfair behavior.
LEGAL REGULATION TERMS OF THE INFORMATION EXCHANGE BY FEDERAL EXECUTIVE AUTHORITIES
Author: Shalaginov, Peter D
Keywords: exchange of information, federal government agency of the Russian Federation, interdepartmental agreement, counteraction against extremism
The article is devoted to the problem of information interaction by federal government agency of the Russian Federation. It was identified problems of lack common terms of providing information, required for exercise of powers by governmental agencies in regulatory legal acts and interdepartmental agreements. On the basis of the legal analysis were made proposals to improve the legislation regarding defining the terms of exchange of information in accordance with functions of the federal ministries, services and agencies. It was made the reasonable conclusion about the necessity of the adoption of the national law on administrative legal contracts, which will be able to regulate the cooperation between all levels Russian formal institutions.
THEORETICAL AND STANDARD FOUNDATIONS OF LEGAL STANDING OF SUBJECTS OF NATURAL MONOPOLIES IN RUSSIAN FEDERATION
Author: Abakumova, Ekaterina Borisovna
Keywords: natural monopoly, goods market, official regulation of economics, subject of entrepreneurial activity
In modern conditions the issues of significance of government in development of law and economics and revealing the optimum ratio of private and official methods of control entrepreneurial activity interest society more and more. Investigations of these issues acquire the first-priority of topicality concerning entrepreneurial entities possessing the special legal status exactly for subjects of natural monopoly. Theoretical analysis of the researchable problem originates from scientific researches of following authors: K.V. Vardanyan, M.I. Kuternin, I.V. Fomicheva, T.E. Sitohova etc. Setting of the role of natural monopolies in national economics is put into effect in the course of legal comparative analytical methods practiced in foreign states; these conclusions were made on the basis of works of such foreign specialists as: D. Ordover, R. Pittman, K. McConnell , Brue S. , D. Beg etc. The conclusion was made in the course of working: proceeding from the up-to-date legal definition of natural monopoly, in russian legislation the main essential indications of the studied subject are: specificity production activity realized by subjects of natural monopolies and the process of saturation of consistent market; and also specific characteristics of a particular good, service, that is provided by impossibility of it’s replacement without decreasing quality of a good or a service. The sphere of the research was considered with application of the two basic ways – analysis and synthesis, that let examine foundations of theoretical and standard approaches to guaranteeing of status of natural monopolies and justify reasonability of it’s optimization. Presented materials will be used by the author in further researches in this sphere. All in all, made conclusions may be useful for specialists, who specialize in studying theoretical and normative foundations of subject’s of entrepreneurship activity that have special legal status.
REFORMS OF PENSION SYSTEM IN MODERN RUSSIA AND ITS INFLUENCE ON ECONOMIC BEHAVIOUR OF POPULATION
Author: Orlova, Irina Urievna
Keywords: economic behaviour, labour behaviour, pension, pension system, reform, replacement rate, saving behaviour, wage
in article analyzes influence of reforms in pension system to changes in economic behaviour of population. In paper substantiates idea, that pension reforming virtually ignored factor of personal involvement in shaping future pension of employee into system of mandatory pension insurance. Furthermore, created limits in this system did not contribute to formation of decent pension for middle class.
NOTARY PRACTICE IN MODERN LAW ENFORCEMENT MECHANISM
Author: Moiseeva, Olga Vasilievna
Keywords: notarial practice, the mechanism of realization of rights, the law enforcement mechanism
The author of the article reveals the essence and illustrates the role of notarial practice in the context of the functioning law enforcement mechanism. The study was performed at the junction of the theoretical field of legal science, revealing the essence of the mechanism of legal regulation, mechanism of realization of law, and practically oriented direction, exploring the legal nature of the notary in terms of its use of the positive potential accumulated and analyzed during the implementation and formation of notarial practice. A key objective of this research is to validate the significance of the notarial practices to ensure the full operation of the mechanism of realization of the law at the present stage of its development. Relevance and novelty of the proposed research is the need to rethink systems of established theoretical categories, such as "the mechanism of legal regulation" or "the mechanism of legal influence" and to offer a comprehensive theoretical and legal analysis of the mechanism of realization of the right" in the key active use of the potential of the notary in the process of implementation of the right to life. In addition special significance to the study of the legal entity of the law enforcement mechanism makes the fact that he has close ties with the mechanism of law-making is the key to uncovering and understanding the essence of the law enforcement mechanism. Study of the role and importance of notarial practice in this complex and multidimensional process of the existence of the mechanism of realization of law was conducted. In the article the author proposes to consider a number of features characterizing the inclusion of notarial practice in the mechanism of realization of law. Meanwhile, the notary at the present stage of development of a society undergoes severe changes that may not be reflected on its role in the regulation of social relations, largely through participation in the activities of the law enforcement mechanism. Understanding the significance of the notarial practice for the operation of the entire mechanism of realization of law, undoubtedly has important practical significance to improve the legal, social, economic indicators of development of the legal system of the state and society as a whole. Additionally, the results are applicable in the operationalization of the notary community, teaching process when studying notarial law, and for further interpretation of the legal status of notaries in the law enforcement activities from the point of view of scientific and theoretical research.
SHARE CAPITAL AS A MEASURE OF COMPANY BUSINESS REPUTATION
Author: Glyantseva, Daria Yurievna
Keywords: share capital, joint stock company, business reputation, informational function
In this article there is considered a problem of understanding the legal nature of the institute of share capital of legal entities. The author considers this institution as an indicator of the business reputation of a person, expressing the position that as a criterion for goodwill should not be considered a quantitative indicator of the share capital and the structure of its ownership. In addition, the author proposes studying the institution as a specific legal control on the macro - and micro level of state regulation.
RUSSIAN LEGAL CONSULTATION IN PRAGUE
Author: Korneeva, Anna Valerievna
Keywords: Russian Legal Consultation in Prague, Zemgor, russian emigrant
Zemgor's Legal Consultation Office opened in Prague in October 1926. It examined issues of the general legal status of Russian immigrants, rendered legal assistance to them, studied jurisprudence questions related to conditions of refugees abroad. The Consultation Office made a certain contribution to adapting Russian compatriots to the life in Czech, helping them to adjust to an unknown legal field.
INFORMED USER IN THE PATENT LAW OF EU AND RUSSIA
Author: Nikolaeva, Marina Sergeevna
Keywords: informed consumer, design, industrial design, originality, patent law
In the present article the author analyzes the new figure for the Russian law-informed consumer who carries out the evaluation of the general impression of solutions of the appearance while checking originality. This category was acknowkledged from the legislation of the EU. The research of the concept of informed consumer was carried out in the foreign literature in the works of A. Kur, P. Geerts, J. Jorge and others. The aim of the article is to examine the practice of the EU and the development of the interpretation of the informed consumer for use in the Russian law.
The legalistic and comparative legal methods were used in this article.
As a result of the research there is a proposal in this article for the introduction in the Civil Code of definition of informed consumers. The conclusions made in the article can be used for improvement of the legislation on the legal protection of industrial images, and for the serve as a ground for future research in this area.
M & A AS A WAY OF ACQUISITION OF CORPORATE CONTROL IN RUSSIAN FEDERATION
Author: Demchenko, Anton Sergeevich
Keywords: mergers, acquisitions, method of acquisition, corporate control
The article analyzes the essence and main features of mergers and acquisitions on the basis of the Russian doctrine. Proposed definitions of key terms and criteria of differentiation of mergers and acquisitions, as well as the essence of such transactions as a way of acquiring the right of corporate control of the Russian Federation.
LEGISLATIVE RESOLUTION OF THE PROBLEM OF EUTHANASIA IN FOREIGN COUNTRIES AND RUSSIA
Author: Antonenko, Maria Markovna
Keywords: murder, euthanasia, termination of life, suicide, euthanasia legalization, changes in the legislation, punishment
The presented article is result of consideration of the existing approaches to a problem of legalization of euthanasia in foreign countries. On the basis of the analysis the author carries out systematization of the countries on the states which completely legalized euthanasia in passive and active forms; in which only passive euthanasia is allowed; which regulate questions of euthanasia by acceptance of judicial precedents; which deny existence of the right to death as the legal fact and provide criminal liability for euthanasia; which provides criminal liability not only for euthanasia, but also for assistance in its carrying out. In Russia the problem of euthanasia isn't settled in a legislative order, in communication than the author the way of use of positive foreign experience by Russia with prospect of its stage-by-stage legalization is offered.
SANCTIONS FOR ABUSE OF RIGHTS
Author: Kurzhupova, Yana Vladimirovna
Keywords: sanctions, responsibility, abuse of rights, denial of the right to protection, redress
Abuse of the right is a very common and at the same time is not fully understood phenomenon in civil law. It has long attracted the attention of jurist, but this area still remains a lot of unresolved issues. General doctrine about this phenomenon in the domestic civil law and is not formed, there is no consensus on the merits of the concept, as well as the associated legal liability. Thus, the formation of new points of view on the legal nature of civil liability for the abuse of the right claimed by the legal science. The aim of the author of this article is to analyze the theoretical and legal basis of the mechanism of application of civil penalties for abuse of the right. In studies conducted by the author uses the system-structural method, logical method, the transition from general concepts to specific, formal-legal method. The article presents the views of various scholars, lawmakers considered legal approaches presented in the recent changes in the civil legislation. The author presents his own views on the basis of liability for abuse of the right, highlights two main sanction for the commission of the offense. The novelty presented scientific work is seen in the fact that studies are conducted in the light of recent changes in civil law and dictated by the need to rethink the complex civil category. The conclusions of the author, presented theorized in connection with what may be the reason for the continuation and expansion of the scientific debate on the abuse of rights and civil liability. The provisions advocated by the author, can be used in the preparation of teaching materials in the field of legal education.
EFFECTIVE REALIZATION OF CRIMINAL LIABILITY: PROBLEMS OF THE DOMESTIC CRIMINAL AND LEGAL THEORY AND LAW-ENFORCEMENT PRACTICE
Author: Dvoretskiy, Mikhail Yuryevich
Keywords: efficiency, forms of realization of criminal liability and their types, optimization, types of punishment, other measures of criminal and legal character, criminal liability, Criminal code of the Russian Federation, effective realization of criminal liability
In the author submitted publications is considered the directions of optimization of responsibility for crimes at the present stage of counteraction of crime in the Russian Federation. As a subject of publicistic research the complex of theoretical and practical problems of criminal liability, her concept, the basis, system of forms, types, their realization and efficiency in domestic criminal acts right-howl theories, the legislative and law-enforcement practice arising now.
The historical and criminal and legal analysis of the domestic criminal legislation, including opinions of groups of famous scientists on the considered scientific and practical problem is provided in the publication. Achievement of a goal was provided with the solution of the following number of research tasks, first of all, to consider stage-by-stage history of emergence and formation of the criminal and legal category "criminal liability" in the domestic general theory of the right and the industry legislation. Also to analyse and compare use by the domestic legislator of the criminal and legal category "criminal liability" in the Criminal code of the Russian Federation to standards of the modern criminal legislation of the foreign states as appropriate, taking into account national traditions.
In article, the author offers to the legislator to develop the conceptual directions of improvement of a state policy, standards of the criminal code of Russian Federation providing effective realization of criminal liability. In the publication there is a critical analysis of standards of the current industry legislation, the author makes offers on its optimization in the context of increase of efficiency of forms and types of realization of criminal liability at the present stage of reforming of the criminal code of Russian Federation, search of optimum solutions of the most actual problems.
OPTIMIZATION OF SYSTEM OF PUNISHMENTS: PROBLEMS OF THE CRIMINAL AND LEGAL THEORY AND LAW-ENFORCEMENT PRACTICE
Author: Stromov, Vladimir Yuryevich
Keywords: system of criminal penalties, types of punishment, penalty, forced labor, corrective works, efficiency of realization, other measures of criminal and legal character, not an optimality of forms of criminal responsibility, Criminal code of the Russian Federation, optimality of domestic system of punishments, efficiency of types of criminal punishments
In article the author step by step investigates domestic system of punishments which for today is one of the most representative on the volume and the most differentiated among national criminal legislations. The publisher draws the conclusion proved by him that thus this system insufficiently optimum the realizuyema and is inherently inefficient.
In time, the world economic crisis and the unemployment remaining in the country still proceeding undertaken by the legislator of correlation, according to the author, are respectively rather illogical. For example, a number of short stories of the criminal code of Russian Federation (as forced labor, and earlier arrest) still, actually, aren't provided as material, so directly and organizationally. As a result a number of potentially highly effective types of punishments can really due to the lack of now specialized institutions – the corrective centers and the arestnykh of houses to become already traditional for the domestic legislation so-called "the postponed types of punishment" for time of their realization which is systematically prolonged by the legislator.
The publisher draws a conclusion that sometimes at execution of a number of types of punishments the fundamental principle of equality of the condemned is broken. So, for example, respectively at realization of long-awaited forced labor it will entail decrease in educational potential of this type of the punishment declared and appointed as the alternative to traditionally dominating imprisonment, thereby discredits domestic criminal and legal policy.
RATIO OF CONCEPTS OF EXTREMIST AND TERRORIST ACTIVITY: GNOSEOLOGICAL AND LEGAL ASPECTS
Authors: Vardanyan, Akop Varazdatovich; Kuleshov, Roman Vladimirovich
Keywords: Extremism, extremist activity, terrorism, terrorist activity, destructive activity, ideology, extremist, terrorist, crimes, counteraction of extremist activity, counteraction to terrorism, dialectic unity, essence, Federal law
In article the ratio of concepts of extremist and terrorist activity of gnoseological and legal aspects is carried out, the normative legal acts regulating the specified terms are analyzed and also the points of view of a number of researchers on concept and the maintenance of these phenomena are considered..
LEGAL ASPECTS OF THE DEATH PENALTY FOR CONVICTED CHILDREN IN IRAN
Author: Selezneva, Natalia
Keywords: death penalty, a punishment, a minor, the age of criminal responsibility
The article is devoted to theoretical and practical aspects of the application of the death penalty for minors in Iran. Despite the humanization of criminal legislation in the country there are cases of the death penalty against persons under the age of 18, as the age of criminal responsibility is determined by the Shariah of the lunar calendar, which does not comply with international standards for the protection of children's rights and the implementation of justice for juvenile offenders.
INDEMNIFYING THE HARM CAUSED BY CRIME, AS THE CONDITION OF PAROL OF CONVICTS, ENDURING THE PUNISHMENT IN PRISON
Author: Levitin, Sergey Aleksandrovich
Keywords: parol, indemnification, purposes of punishment, victim
The Problem: article is written for publishing, result of the study of legal relations resulting from parole of convicts, who to have not indemnified (completely or partly) harm caused by their crimes.
The Model: methdological base of the study is a dialectical method of the reality cognition. There were also used general and special methods of the cognition In the process of the study. Formally-logical method - n the study of the rules of law, regulationg the order of parole of convicts enduring punishment imprisonment. Relatively-legal method - in analysis of the foreign experience of the legislative fastening of the order of preparation to parole of convicts. Besides, during the analysis and estimation of practical aspects of legal regulation of parole of convicts were used methods of the questionnaire, statistical method and study of documents. The Study is based on statistics about of practice of parole of convict enduring punishment in prison, on results of the questioning of 537 employees of penal system and questionnaire of 940 convict from 3 subjects of Russian Federation.
The Findings: corrent criminal legislation obliges the court to give the parole to convicts indemnified small part of harm caused by crime, but having real possibility to indemnify this harm completely and deprives the court of the right to parole convicts, who by reason of objective circumstance can not indemnify the harm, being in places of deprivation of frrrdom. In this connection, in the opinion of author there is areason to amend the current legislation allowing to give a parole only to convicts, who have taken measures to indemnify the harm, caused by crime, and also changes providing with court by right to entrust with convicts duties of promoting indemnification of harm caused by crime.
Value: results of the study provided in the article can be used for improvement of legislation with reference to the group of rules regulatingting the order and conditions of the using parole to convicts.
INDEMNIFYING THE HARM CAUSED BY CRIME, AS THE CONDITION OF PAROL OF CONVICTS, ENDURING THE PUNISHMENT IN PRISON
Author: Antonenko, Maria Markovna
Keywords: murder, euthanasia, the life termination, transplantation, cruelty, helpless condition, criminal code, punishment
This article is the result of a comparative analysis of euthanasia with certain types of aggravated murder.
THE SUBJECTS AND CONDITIONS OF LIABILITY FOR DAMAGE CAUSED BY LAW ENFORCEMENT AGENCIES
Author: Kirilov, A.S.
Keywords: responsibility, protection of the human rights, causing the harm, conditions for the responsibility, harm, law enforcement agencies
The article is devoted to the subject and conditions of the responsibility for damage, caused by the law enforcement agencies. The main attention of the author is given to the uncovering of responsibility for the damage made by the law enforcement agencies, and moreover, to the conditions of the responsibility for the caused harm.
RETROSPECTIVE ANALYSIS OF STANDARDS CONTAINING A COMPROMISE IN CRIMINAL LAW
Author: Kurilov, Sergey Ivanovich
Keywords: The compromise in criminal law, Institute of compromise, crime, rule of compromise in criminal law, the resolution of the criminal law conflict, the state, the person committed a crime, agreement, mutual concessions, post-criminal behavior
The article discusses the concept of compromise in criminal law, retrospective analysis of rules about compromise, insight into the Genesis of the Institute of compromise, describes the purpose and concept of the Institute of compromise in criminal law.
CRIMINAL LIABILITY OF MINORS IN THE REPUBLIC OF KAZAKHSTAN UNDER THE CRIMINAL CODE OF THE REPUBLIC OF KAZAKHSTAN-2014
Author: Naurzaliyeva, Saule Mergenovna
Keywords: minors, the criminal liability of minors, the penalty, the age of criminal liability, action under the criminal law, compulsory educational measures
The article devoted to the criminal liability of minors under the Criminal Code of the Republic of Kazakhstan dated July 16, 1997 and the Criminal Code of the Republic of Kazakhstan dated July 3, 2014, also there are analyzed statistics on minors crime.
LEGISLATIVE INNOVATIONS INTRODUCED IN ARTICLE 184 OF THE CRIMINAL CODE
Author: Antsygin, Aleksey Valerevich
Keywords: art.184 of the criminal code, bribery, sports, commercial competition, the official sporting event, parlay
This article is devoted to the study of norms of the criminal code of the Russian Federation on the provision of unlawful influence on the result of official sports competitions or spectacular commercial competition. Studied the object of infringement, the lack of effective protection of the interests of their members.
DEVELOPMENT OF CRIMINAL METHODS OF PREVENTING SEXUAL CRIMINALS ACTS WITHIN THE PUBLIC CRIMINAL PREVENTIVE SYSTEM IN RUSSIAN FEDERATION
Author: Gorbachev, Mikhail Aleksandrovich
Keywords: crime victimology, pedagogic victimilogy, legal gaps, sexual crimes, social prophylactic
This paper deals with analysis of necessity of improving criminal law for fighting against sexual crimes. Disadvantages of legal regulation of crime fighting are considered and complex of actions to sexual crimes warning is offered.
ABOUT SOME FEATURES OF CONSTITUTIONAL AND LEGAL INTERPRETATION OF THE PREJUDICE IN MODERN CRIMINAL PROCEEDINGS OF RUSSIAN FEDERATION
Author: Lopatin, Sergey Alexandrovich
Keywords: criminal proceedings, validity of the judicial act, the prejudicial effect, the sentence, the legal force of the judicial act
In the article the analysis of modern scientific understanding of prejudice in the criminal procedure of the Russian Federation in the context of its constitutional and legal meaning, revealed by the Constitutional Court of the Russian Federation. Indicated certain shortcomings in the normative regulation.
MICROOBJECTS AS AN EFFECTIVE MEANS OF CRIMES INVESTIGATIONS IN THE MODERN PERIOD
Author: Makogon, Irina Viktorovna
Keywords: crime investigation, the micro-objects, effective, forensic knowledge, promising on-Board, use of technology, evidence, investigators, forensic experts, forensic examination
Nowadays development of criminalistics’ knowledge can’t be executed in any way without attraction of advanced achievements in this or that branch of scientific knowledge. The considerable concentration is done on search, detection and fixing of indications of “mute witnesses” –visible or indiscernible by human eyes various microobjects. Criminalistics being the integration of knowledge of various areas of technical and natural sciences into uniform branch is represented in this respect as the most perspective direction of effective means of crimes investigations.
THE CRIMINOLOGICAL PROBLEMS OF ILLEGAL MIGRATION
Author: Asmandiyarova, Nailya Rimovna
Keywords: migrant, illegal migration, migration crime, warning of migration crime
Purpose: The difficult situation with illegal migration in our country was the reason for carrying out this research. Therefore the author of article analyzed criminological problems of illegal migration in the Republic of Bashkortostan.
Methodology/approach: The author of this article are used the methods of analysis of the literature, comparison of the statistics, prognosis of the illegal migration situation and others. The warning of migration crime was the subject scope of this article.
Findings: The article analyses the quantity and quality characteristics of migrant’s crimes, and it also offers the ways of warning these crimes.
Practical implications: The author proposed the necessary measures aimed at warning and decreasing of migration crime.
Originality/value: The conclusion of the author that creation of the uniform centralized database and development of the system of the indicators which are comprehensively characterizing illegal migration is necessary. The results of this article are addressed to the subjects of prevention of illegal migration.
JUDICIAL SYSTEM OF SPAIN
Author: Belozerova, I.I.
Keywords: court, judicial system, court chamber, management of courts
The article deals with the judicial system of Spain, including justicia de paz, municipal courts, district courts of first instance, province courts, high courts of autonomous communities, the High Court of Spain.
THE SUPREME COURT OF THE RUSSIAN FEDERATION AND ITS ROLE IN APPLICATION OF THE CRIMINAL LEGISLATION
Author: Pronina, Maria Petrovna
Keywords: precedent, legal equipment, Plenum of the Supreme Court of the Russian Federation, interpretation and application of the criminal law
Article is devoted to one of the most actual directions of legal equipment, connected with application and interpretation of the criminal law. In particular, the analysis of activity of the Supreme Court of the Russian Federation in application of the criminal legislation is carried out, the Resolution of Plenum of the Supreme Court of the Russian Federation as precedent of judicial interpretation, that is the explanation of provisions of the criminal law having legally binding force is considered. A number of important tasks which can carry out resolutions of Plenum of the Supreme Court of the Russian Federation within law-enforcement interpretation of the criminal law is allocated, concrete examples of the solved tasks from the criminal legislation are given, on the basis of the analysis of regulations ways for overcoming of this problem are formulated.
THE PROBLEMS OF ACTIVITIES OF LAWYERS PROVIDING LEGAL ASSISTANCE TO IMPRISONMENT CONVICTS
Author: Kuznetsova, Oksana Borisovna
Keywords: activities, free legal aid, lawyer, advocate, convicted, imprisonment
The article analyzes the current level of legal support of lawyers providing legal assistance to convicts in Russia. Proposed solutions to identified problems, creating guarantees of advocacy to provide legal assistance to convicts. On the basis of summarizing and analyzing the problems of defense counsel provided legal assistance to convicts, the ways of improving the existing legislation are developed and proposed.
THE ISSUE OF REGIONAL INTERNATIONAL TREATIES IN THE FIELD FIGHT CRIME
Author: Styîpkin, E.Y.
Keywords: international treaties, classification, Council of Europe, the extradition of criminals, the fight against crime, international cooperation
the article discusses the features of regional international agreements in the fight against crime, gives their classification, discusses the problems of their realization in the Russian Federation.
THE PARTICIPATION OF A SPECIALIST IN PRE-TRIAL SETTLEMENT OF DISPUTES PROCEDURES BY ITALIAN CIVIL PROCEDURE LEGISLATION: CUI BONO? CUI PRODEST?
Author: Kovalyova, Anna Vladimirovna
Keywords: specialist, procedure, pre-trial disput settlement, preventive consultation of a specialist, preliminary consultation of a specialist, preliminary assessment of the factual circumstances
The article contains a brief excursion into the Italian civil procedure legislation provided pre-trial disput settlements as the other forms of participation of the specialist in civil procedure. Òheir advantages are identified together with the problems arising during their proceeding.
The article can be useful to students, graduate students, lecturers of law universities, legal practitioners and all those interested in issues of foreign civil procedure.
ON THE RELATIONSHIP OF LEGAL EDUCATION AND THE FORMATION OF PROFESSIONAL AWARENESS
Authors: Klukowska, Ilona Vladimirovna candidate of legal Sciences; Lauta, Oleg Nikolaevich; Popova, Ludmila Anatolievna-candidate of legal Sciences
Keywords: higher legal education, legal culture, legal consciousness, educational standard
Abstract: in this paper the authors analyze the achievement of world level of development of the system of higher legal education, enhance its competitiveness and relevance.