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THE MECHANISM OF THE PUBLIC CONFIDENCE FORMATION TO THE STATE POWER INSTITUTIONS
Author: Makarenko, Dmitry Grigorievich
Keywords: mechanism, trust, image state
This article describes the mechanism of formation of public confidence in the institutions of state power, formed under the influence of certain factors. Trust and understanding on the part of the population can only be achieved if public authorities, their representatives tend to follow the principles of maximum openness and transparency of activities aiming to increase at the same rate fashion.
BARANOV VLADIMIR MIKHAILOVICH IS A THEORETICIAN, EXPERIMENTALIST, EDUCATIONALIST, AND SOCIAL ACTIVIST
Author: Kuznetsov, Alexander Pavlovich
Keywords: biography, scientific studies, career, scientific achievements, social activity
This article is about scientific, social and pedagogical activity of renowned jurist Vladimir Mikhailovich Baranov; benchmarks and results of his life, career and studies are highlighted with special regards to the scientist’s works assessment.
«THE MANIFESTO» ON OCTOBER, 17TH, 1905, AND «THE BASIC STATE LAWS OF THE RUSSIAN EMPIRE» OF 1906 AS PROJECTS OF THE LONG-AWAITED CONSTITUTION OF THE UPDATED AUTOCRATIC POWER AND A NATIONAL LIFE OF PRE-REVOLUTIONARY RUSSIA»
Author: Osipian, Boris A
Keywords: The Manifesto» on October, 17th, 1905, and «The Basic State Laws of the Russian Empire» of 1906 as Projects of the Long-awaited Constitution of the Updated Autocratic Power and a National Life of Pre-revolutionary Russia, last constitutional transformations in multinational and multiconfessional Russian Empire before the beginning of great revolutionary shocks, not passing Image of the Lord of the God and the careful Russian «tsar-father, changeable and passing images of «temporal governments, leaders of world proletariat, a socialist order of life» and «the light communistic future
In his article «The Manifesto» on October, 17th, 1905, and «The Basic State Laws of the Russian Empire» of 1906 as Projects of the Long-awaited Constitution of the Updated Autocratic Power and a National Life of Pre-revolutionary Russia» the author has tried to show the basic processes and some obvious results of the last constitutional transformations in multinational and multiconfessional Russian Empire before the beginning of great revolutionary shocks, which have deprived Russia belief and consciousness of an appropriate and not passing Image of the Lord of the God and the careful Russian «tsar-father», deceitfully and violently having replaced with their changeable and passing images of «temporal governments», «leaders of world proletariat», «a socialist order of life» and «the light communistic future».
“ABOUT THE CITIZENS’ PARTICIPATION IN PUBLIC ORDER PROTECTION IN RUSSIA: HISTORY AND MODERN TIME”
Author: Naumova, Anastasiya
Keywords: public order protection, citizens’ participation, historic experience, voluntary public association, form of participation
This article is devoted to the problem of citizens’ participation in public order protection in Russia. The main aim of this research was to study historic experience of involving people in public order protection by government, and also their functions and different forms of citizens’ participation in public order protection in Russia.
Nowadays citizens’ participation in public order protection is pertinent issue in our country. Effective work of law enforcement agencies is heavily reliant of active promotion of citizens and public associations in maintenance of public order.
As a result of this research was made a conclusion about the place of citizens’ participation in public order protection in the system of l law enforcement agencies, more effective forms of their participation, and its influence on the whole society in common.
SOME ACTUAL ISSUES OF INTERACTION BETWEEN LAW AND INDIVIDUAL IN MODERN RUSSIA
Author: Agasian, Kristina
Keywords: interaction, individual, law, personal growth and fulfillment
The article raised a number of topical issues related to the interaction of the individual and the legal system. It is necessary to study law and legal phenomena in a personal context, from the standpoint of the need for personal growth and self-realization.
CERTAIN ASPECTS OF THE DIFFERENTIATION OF THE ARBITRATION PROCEDURAL FORM
Author: Talykin, Evgen Anatolyiovich
Keywords: arbitration procedural form, differentiation, procedural policies, the kind of production
The article investigates the nature and the concept of differentiation of the arbitration procedural form. Are analyzed as a process of differentiation, unlike its discretionary regulation. It is proved that differentiation is the natural result of exposure to a variety of causes and conditions of the arbitration procedural form, and its result is the design of the production system of the arbitration process. Also disclosed is the value of the main factors differentiating the arbitration procedural form at the present stage. It covers the basics of forming the concept of "type of production."
FEATURES OF THE PRINCIPLE OF REASONABLENESS IN CONTRACT LAW
Author: Erahtina, Olga
Keywords: îöåíî÷íûå ïîíÿòèÿ, ïðèíöèï ðàçóìíîñòè, äîãîâîðíîå ïðàâî, ðàçóìíûé ñðîê, ðàçóìíàÿ öåíà
The article examines the contents, criteria and characteristics of the principle of reasonableness in contract law.
The author summarizes the materials of judicial practice and determines the main trends in the application of the principle of reasonableness by the courts.
DIETARY SUPPLEMENTS AS ASOURCE OF ENHANCED HAZARD?
Author: Kolobayev, D
Keywords: dietary supplements, characteristic of dietary supplements as an object of legal relations, a source of enhanced danger, Activities of the increased danger to others
These article explores the dietary supplements as objects of civil legal relationship from the standpoint of current doctrine and Russian legislation. Background research is to identify a number of problems related to the legal regulation of the turnover of dietary supplements. During the writing of the work was to explore different scientific works with similar issues, as well as Russian and foreign regulations. Thus, all of the above and some other problems indicate a high relevance of the aforesaid problems. Unresolved number of problems and the need for its comprehensive solutions and led to the chosen topic of research. The practical significance of the work lies in the definition of the main essential characteristics of dietary supplements as a major hazard.
ON THE QUESTION OF MEDIATION DOCTRINAL PRINCIPLES
Author: Shumova, Kristina Alexandrovna
Keywords: mediation, the principles of mediation
The article is devoted to the problem of determining the currently guiding principles (principles) of the Institute of civil procedural law - mediation. In addition to the legal principles enshrined conciliation with the participation of a mediator (mediation) scientists protsessualistov considered other categories which, with due attention by the legislator can serve as a basis for more effective implementation of mediation in the domestic legal reality.
THE DEFINITION AND CLASSIFICATION OF CRIMES IN THE SPHERE OF THE INTELLECTUAL PROPERTY
Author: Mandriko, Aleksandr Viktorovich
Keywords: Intellectual property, criminal law protection, criminal liability, qualification, copyright and related rights, patent law, trade secret, means of individualization of participants of civil turnover, goods and services, public relations
the article considers the issues of systematization and classification of crimes in the sphere of intellectual property. The urgency of this problem is predetermined by the insufficient degree of knowledge together with the need for permanent search for optimal legislative solutions. In the course of writing the article analyzes the views of Russian (M. Yu Bondarev, A. H. Gatsolayeva R. O. Dolotov, V. D. Larichev, Y. V. Trencevski, etc.) and foreign scientists (Bruce and Alexander Mac Donald, USA, Nicolas Rouiller, Francisco jesus Almansa Montoya, Spain).
The author reveals the peculiarities of criminal law protection of public relations in the field of intellectual property and pays attention to the scientific approaches to the definition of the group of crimes, standing on the protection of intellectual property by highlighting the four institutions, the objects of which are the results of intellectual activity. The article presents the author's concept of systematization of crimes in the sphere of intellectual property.
The results of the study presented in article, will allow to expand knowledge about the systematization of the crimes committed in the sphere of intellectual property.
CRIMINAL LIABILITY AND ITS EFFECTIVE REALIZATION IN THE CONTEXT OF OPTIMUM PERMISSION OF ACTUAL PROBLEMS OF THE DOMESTIC CRIMINAL AND LEGAL THEORY AND MODERN LAW-ENFORCEMENT PRACTICE
Author: Dvoretskiy, Mikhail Yuryevich
Keywords: efficiency, forms of realization of criminal liability and their types, 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 the domestic criminal and legal theory, legislative and law-enforcement practice arising now acts.
OFFERS ON INCREASE OF EFFICIENCY OF FORMS OF REALIZATION OF CRIMINAL LIABILITY AND THEIR TYPES
Author: Dvoretskiy, Mikhail Yuryevich
Keywords: efficiency, forms of realization of criminal liability and their types, efficiency increase, types of punishment, other measures of criminal and legal character, criminal liability, Criminal code of the Russian Federation
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.
SYSTEM EFFECTIVENESS OF PUNISHMENTS IN THE CONTEXT OF REALIZATION OF A FORM OF CRIMINAL LIABILITY AND ITS TYPES
Authors: Stromov, Vladimir Yuryevich; Dvoretskiy, Mikhail 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 liability, Criminal code of the Russian Federation, optimality of domestic system of punishments, efficiency of types of criminal penalties
In article coauthors step by step investigates domestic system of punishments which is one of the most representative on the volume and the most differentiated among national criminal legislations today. Publishers draw the conclusion proved by them that thus this system insufficiently optimum the realizuyema and is inherently inefficient.
FORMS OF REALIZATION OF CRIMINAL LIABILITY AND THEIR TYPES: PROBLEMS OF THE THEORY AND LAW-ENFORCEMENT PRACTICE
Authors: Stromov, Vladimir Yuryevich; Dvoretskiy, Mikhail Yuryevich
Keywords: forms of realization of criminal liability and their types, problems of the theory and law-enforcement practice, system of criminal penalties, efficiency of realization, other measures of criminal and legal character, criminal liability, narkoticheksky means, psychotropic substances, their analogs
In contents of the publication forms of realization of criminal liability and their separate types are considered by coauthors. Authors state in the Russian Federation rather low efficiency of realization of potentially highly effective types of forms of realization of criminal liability. Publishers make a number of offers to the domestic legislator and law enforcement officials on optimization of realization in the context of observance of the fundamental principles.
INTERNATIONAL LEGAL STANDARDS IN THE SPHERE OF REGULATION OF LEGAL STATUS OF CONDEMNED AND PROBLEMS OF THEIR REALIZATION IN THE DOMESTIC LEGISLATION
Authors: Pikin, Ivan; Pikina, Tatiana
Keywords: Legal status, right realization, execution of the punishment, international standards
The article analyzes the current legislation in the field of regulation of legal status of convicts in the process of applying the criminal legislation and the impact on the process of international law. The paper also touched upon the problems of implementation in domestic legislation of international legal standards of treatment of prisoners and the ways of their solution.
INNOVATIONS OF RUSSIAN LEGISLATION ABOUT CRIMINAL ACTS AMENABILITY AGAINST SAFETY OF MOTION AND EXPLOITATION OF TRANSPORT
Authors: Osipov, V.A.; Kharitonov, I.I.
Keywords: criminal responsibility, kef, other mechanical transport vehicles, administrative prejudice, reverse arm of the criminal law
In this article authors are examine the short stories of legislation of Russian Federation, related to the entry by virtue of the Federal law of N 528-ÔÇ from December, 31 2014 In the article a timeliness and validity of establishment of criminal responsibility register for a management by a transport vehicle by a person being in a state of intoxication.
CRITERIA FOR DETERMINATION OF LEGALITY OF INVESTIGATIVE MEASURES
Author: Engelgardt, Artur Avgustovich
Keywords: entrapment, provocation, distinguishing between lawful investigative measures and provocation
The problems related to the application of the prohibition to instigate, induce, or incite individuals to commit unlawful acts are justly considered as one of the most complicated ones in law theory and practice. During the past decade, criminal law scholars like B.V. Volzhenkin, A.B. Groshev, L. Lobanova, V.S. Komissarov, S. Radachinskiy, A.V.Tishchenko, P.S. Yani, and others have dedicated significant amount of attention to these problems. Among the challenging aspects of the topic bearing importance for the judicial decision-making is the issue of working out accessible and clear criteria for the legally compliant performance of professional duties by criminal investigators. Such criteria are briefly outlined in the statute law and elaborated upon in the regulations pertaining to particular investigative measures. As the analysis in the article reveals, such regulation is not sufficient.
In his research of the topic, the author used theoretical and comparative methods of legal analysis oriented on the criminal law scholarship and statutory regulation. As a result, the author concludes that in line with the effective provisions the application of investigative measures may be decided upon based on the information about an individual committing or preparing to commit a crime. Criteria for the determination of legality of actions potentially amounting to provocation and entrapment obviously require further research. The conclusions of this article can be used in the scholarly discourse and for the preparation of guidelines for practitioners.
THE PROBLEMS OF THE TREATMENT CLASSIFICATION OF RUSSIAN CRIMINAL LAW SUBJECTS OF CORRUPTION-RELATED CRIMES
Author: Sorochkin, Roman
Keywords: anti-corruption enforcement, the subject of corruption crimes
The article illustrates theoretical and practical problems of criminal law relating to the issues of determining the qualifying features of different types of special subject of corruption crimes.
TO A QUESTION ABOUT THE CONCEPT OF THE SPECIAL CONDITIONS OF THE CURRENT RUSSIAN LEGISLATION
Author: Dzhabrailov, Aslan Adnanovich
Keywords: internal affairs bodies, special conditions, emergency, martial law, terrorist act
The article analyzes the extraordinary circumstances provided in the Russian legislation, in connection with which the activities of the Interior carried out under special conditions; list of key scientific positions on the basis of which the author developed a classification of special conditions.
CRIMINAL POLICY OF GERMANY AND RUSSIA AT THE PRESENT-DAY STAGE OF DEVELOPMENT. COMPARATIVEANALYSIS
Author: Kseniya, Barysheva
Keywords: criminal policy, criminal law policy, criminal law, crime prevention, criminal law of Germany
Based on the needs of the fight against crime (transnational, organized crime, economic, environmental, etc.), it is extremely important to ensure mutual assistance, coordination of efforts, the development of cooperation and the achievement of certain common goals. That is why the study of patterns, trends and specifics of the criminal and political activities at various levels, especially at the legislative, is particularly significant.
For a more detailed study of the concept of criminal policy, its functions, tasks, the article provides comparative analysis of scientific works of the specialists in the field of criminal law of Germany and Russia (Babayev M.M., Lesnikov G.Yu., Lopashenko N.A., Revin V.P.), which are closely connected to the definition of criminal policy, the identification of common and distinctive features.
The research of criminal policy of Russia and Germany, defined similar lines and distinctions: in understanding of criminal policy; problems of formation of criminal policy; subjects of criminal and political activity; the factors influencing criminal policy. There was made an attempt to resolve the fundamental question whether the criminal policyis developed in close interaction with social, political, economic, international factors.
CONTROVERSIAL ISSUES OF THE GENERAL THEORY OF FORENSIC EXPERTISE AND EXPERTOLOGY
Authors: Averyanova, Taniana Vitalevna; Goruhov, Yuri Georgievich
Keywords: the General theory of the forensic expertise, expertology, paradigm, the concept, the legal and organizational basis expertology, and legal proceedings, the subject and the laws of the General theory of judicial examination, the subject and the laws of expertology
The article is devoted to the relationship between the concepts of "the General theory of the forensic expertise" and "expertology".
This article examines the views of scientists on these concepts; examines the definitions of the General theory of forensic expertology, as well as their subject matter; it is shown that the General theory of the forensic expertise unlike expertology is an independent science, metatheory, which is not just a synthesis of its grounds, and qualitatively new knowledge, has a peculiar structure with specific connections of the elements of this structure; it is noted that neither the legal nor the institutional framework expert activity cannot be included in the content as a General theory of legal expertise and expertology because the legal content of the forensic procedure is determined by the shape: it is realized only through procedural relationship, and substantive, the implementation of which provides the processes of appointment, preparation, production legal expertise and application of expert judgement in the processes of pre-trial and trial evidence.
In addition, in analyzed proposed by E. R. Rossinsky model of the overall structure of expertology, it is shown that it represents the content of various doctrines (theories) that are either already reflected in the previously proposed concepts of the General theory of forensic expertise or relevance to other Sciences.
Set forth in article judgments allow us to conclude that there is no need to replace the established name of "the General theory of the forensic expertise" less successful "expertology", even if the concept of this science made certain changes and additions.
FEATURES OF USING A LAWYER EXPERTISE IN CASES INVOLVING ROAD TRAFFIC ACCIDENTS
Author: Domanov, Viktor Nikolaevich
Keywords: special knowledge, road traffic accident, RTA, the position of the case, the lawyer, autotechnical expertise, independent technical expertise, expert, CTP, and refurbishment
The proposed definition of "specialized knowledge" and five ways to use lawyer special knowledge in cases of road traffic accidents at the stage of formation and implementation of case theory. Evaluating the degree of using five kinds of autotechnical examination in the criminal, civil and administrative proceedings. Analyzed factors contributing to understatement of the estimated cost of repair of the vehicle after the accident, the main of which are connected with formation of electronic reference books of the Russian Union of motor insurers. Practical recommendations for the formulation of questions before the expert in the production of an independent technical examination.
THE RELATIONSHIP OF CORRUPTION AND ORGANIZED CRIME IN CONTEMPORARY RUSSIA
Author: Glazkova, Liliya Vladimirovna
Keywords: corruption, official, organized crime, legalization of, money laundering
Objectives: the main objective of writing the article is to reveal some aspects of the interrelationship of organized crime and corruption through systemic analysis of the interaction of these social phenomena.
Methodology: system analysis, integrated approach.
Conclusions: the combination of actions of corrupt officials and organized crime is at the level of the governing structures of these systems. Management as a separate function of modern criminal organizations, has new features, not corresponding to the former "kings" of the underworld – "thieves in law". New organizers and leaders of criminal communities often do not have a criminal record and the old thieves do not follow laws. They create a legal business, under cover of which engaged in systematic criminal activity, using skillfully and purposefully creating criminal markets, providing them with the ability to quickly vernaeve. However, they do not bother to enforce the laws and morality in transactions, use the corruption to their advantage, putting them at much more favorable conditions compared to law-abiding businessmen.
Currently the old methods of fighting organized crime, based on the opposition of the individual elements of these systems have proven ineffective. Therefore, a need to develop a new approach to combating these phenomena, which should be based on a system method that allows to identify and attack the most important parts of these systems.
Originality: At the present time in the science of criminal law has not developed a unified approach to methods for combating corruption and organized crime. Research in this area from the standpoint of system approach was carried out. At the same time, such method will allow to identify the weaknesses of most of the investigated phenomena and to develop effective measures against corruption.
FEATURES OF INHERITANCE OF THE OBLIGATIONS OF PROPERTY CHARACTER PROVIDED WITH THE GUARANTEE
Authors: Menyaylo, Ludmila Nikolaevna; Tischenko, Irina Viktorovna; Panfilova, Olga Valentinovna; Mikhajlikov, Vitaliy Leonidovich
Keywords: hereditary succession, the heirs, surety
The article considers the peculiarities of the liability of heirs for the obligations of property character backed by a guarantee, the terms of termination of guarantee as a way to ensure commitment.
SOME QUESTIONS OF THE IMPLEMENTATION OF INQUIRY IN ABBREVIATED FORM
Author: Khazieva, Regina Rafisovna
Keywords: inquiry, preliminary investigation, the suspect, the right, the timing of inquiry
The article addresses the general issues of the inquiry in an abbreviated form, special attention is paid to the question of the violation of the right of a suspect to a reduction of the sentence by the sentencing court, during the investigation of criminal case on the abbreviated form of inquiry.
TO THE QUESTION OF INCREASE OF EFFICIENCY OF ACTIVITY OF DIVISIONS POLICE PARTICIPATION IN COUNTERTERRORISM OPERATIONS
Author: Shomakhov, Maxim Kazbekovich
Keywords: improving the efficiency moral-psychological factors, psychological methods, training, rehabilitation, police, counter-terrorist operation
The article considers the questions of improvement of moral-psychological stability of police officers for actions in extreme situation.
ENSURING READINESS OF BODIES AND DIVISIONS OF THE MINISTRY OF INTERNAL AFFAIRS OF RUSSIA ON COUNTERACTION TO TERRORIST GROUPS IN THE NORTH CAUCASUS
Author: Uzuyev, Yusup Edilbekovich
Keywords: counteraction, terrorism, ensuring readiness of divisions of the Ministry of Internal Affairs of Russia, to counteraction to terrorist groups
in article value ensuring readiness of bodies and divisions for reflection of terrorist threat, and also concept and signs of "readiness" of staff of Department of Internal Affairs for the prevention and suppression of internal and external threats is considered.