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THE CONSTITUTION AS A UNIVERSAL GUARANTEE OF THE SOVEREIGNTY
Author: Vohmjanin, D.V.
Keywords: The constitution, universal, the sovereignty, the political rights and freedom, human rights
Presence of the Constitution at the state – one of the major universal phenomena of the modern right. At the analysis of the modern constitutional legislation, it is possible to come to conclusion that the general lines containing in them though are not obligatory for each concrete Constitution, nevertheless, clearly testify to processes universal and unifications of the modern constitutional legislation, which basic expression – Constitution presence as that.
SOLIDARISM AS UNIVERSALS CITIZENS TO PARTICIPATE IN MANAGING STATE AFFAIRS
Author: Shirobokov, Sergey
Keywords: solidarism citizen’s universality of constitutional norms of interaction between citizens and the state, the universal qualities and properties of constitutional law
The objective: Consider the content of the solidarity of the constitutional right of citizens to participate in managing state affairs in terms of flexibility in relation to other categories of constitutional rights of citizens of the Russian Federation. Justify the special significance and universal quality of the constitutional right of citizens to participate in managing state affairs.
THE LEGAL GUARANTEES AS PART OF THE CONSTITUTIONAL AND LEGAL MECHANISM FOR PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMS OF MAN AND CITIZEN
Author: Kamil, Shaymardanov
Keywords: fundamental rights and freedoms, protection of fundamental rights and freedoms of man and citizen, guarantees, legal guarantees, mechanism, the constitutional and legal mechanism for protection of fundamental rights and freedoms of man and citizen
Objective: to explore the legal guarantees and their role in the constitutional and legal mechanism for protection of fundamental rights and freedoms of man and citizen.
Мethodology: in research are used such methods as deduction, structural and functional methods, method of legal modeling, and other General scientific and private scientific methods of scientific cognition.
1. Constitutional and legal mechanism for protection of fundamental rights and freedoms of man and citizen is guaranteed by the constitutional law recognized domestic and international institutions, action and interaction which are aimed at preventing violations of the fundamental rights of man and citizen, or their restoration in case of violation, as well as for compensation of harm caused by the violation.
2. Legal guarantees are an integral part of the constitutional and legal mechanism for protection of fundamental rights and freedoms of man and citizen.
3. Legal guarantees are means, i.e. specific institutions on domestic (national) and intergovernmental (international) levels that provide actual protection of fundamental rights and freedoms of man and citizen.
Frameworks of research/possibility of subsequent use of results of scientific work: the scientific results can be used in the process of research of problems of protection of fundamental rights and freedoms of man and citizen.
Practical value: the results of scientific work can be used by bodies whose activities are aimed at protecting fundamental rights and freedoms of man and citizen.
Originality/value: formulated the concept of the constitutional and legal mechanism for protection of fundamental rights and freedoms of man and citizen; defined the role of legal guarantees in this mechanism. Scientific work is intended for all persons interested in the problems of the protection of fundamental rights and freedoms of man and citizen.
LACUNAE IN THEORY AND HISTORY OF STATE AND LAW
Authors: Nabiev, Rustam Fanisovich; Shamsutdinova, Darina Venirovna; Khrustalyova, Оlga Nikolajevna
Keywords: State and law, customs, traditions, lacuna, centaurs, the riders, the Scythians, Bulgars, laws Asparuh, Juchids Empire, Grand Duchy of Moscow, the Yuan dynasty, the law, Tarhan, label, North Eurasian world-system, the concept of history
The history of the Russian state does not consider the development of the state and the right for about a thousand years. Since the time of the Scythians in Eastern Europe have developed dozens of major state formations. Historical sources provide information on the impact of nations "Eurasian steppe corridor" for Europe and "developed" civilization. Also, In the sphere of legal relations of the states of "Eurasian steppe corridor" there is continuity. This long-term trend is not considered in the history and theory of law. Thus, a single process of development of the state and law has been broken into separate parts. Excluding the contribution of "Eurasian world-system" is impossible to create an ideological basis for the construction of the Union State and the CIS, and the study of the state and law would remain flawed.
FORMATION OF YOUTH POLICY IN THE REGIONS AND SOME COUNTRIES OF THE WORLD
Author: Miraliyon, Qiyomiddin Abdusalimzoda
Keywords: youth, youth policy, world power, intersectoral, development
In the article are considerate new modern methods and uncials ways of development of state policy for youth at the world level, which outcomes from general position learn lessons and necessity implementation of youth in the world and separate countries. There are determined any problems which has barrier for the development of youth policy and some methods for the strengthening of this activity. There is offered recommendations and some ways for the improvement of this policy.
PUBLIC-LAW FORMATION AS A PARTY TO A STATE CONTRACT
Author: Grigoryan, Tatevik Rystamovna
Keywords: procurement, state contract, public-law formation, state agency, agency of state power
The article is devoted to studying of a question issue of participation of public-law formation in public circulation as a party to a state contract. The author studies the theoretical and practical aspects and gives the analysis of current legislation on the subject.
ОСОБЕННОСТИ ПРЕДОСТАВЛЕНИЕ ПРАВОВОЙ ОХРАНЫ В КАЧЕСТВЕ ТОВАРНЫХ ЗНАКОВ ОБОЗНАЧЕНИЯМ, ЯВЛЯЮЩИМСЯ ЭВФЕМИЗМАМИ
Author: Motylkova, Alisa Vadimovna
Keywords: товарный знак, общественные интересы, принципы гуманности и морали
В статье рассматриваются вопросы, связанные с регистрацией и использованием обозначений, противоречащих общественным интересам, принципам гуманности и морали, в частности, словесных обозначений, не несущих откровенно оскорбительной или просто нецензурной семантики, а являющихся просторечно-вульгарными, жаргонными.
THE LIMITS OF JUDICIAL DISCRETION IN THE AWARDING SOFTER PUNISHMENT THAN ENVISAGED BY LAW
Authors: Danelyan, Rita S; Danelyan, Sergey V; Mordovina, Anneta A
Keywords: awarding punishment, judicial discretion, exceptional circumstances, mitigation of criminal sentence
The article analyzes the rules of awarding softer punishment than provided for the offence, discusses some of the aspects outlined by the law limits judicial discretion in applying these rules, touching upon recognition of established mitigating circumstances by the court, which essentially reduce the risk of crime, exceptional. Attention is drawn to separate prohibitions on the rules of article 64 of the Criminal code of Russian Federation which limits judicial discretion.
METHODOLOGICAL BASIS OF GEOGRAPHY AND TOPOGRAPHY OF CRIME
Authors: Storublenkova, Elena; Samutkin, Vyacheslav
Keywords: crime, territory, terrain, region locality, criminal geography, criminal topography, territorial diagnostics, zoning, topography design, spatial organization, synergetic approach
The article deals with theoretical and methodological foundations of research synergetic territorial factor in crime. Scientific work is the result of theoretical and practical various aspects of the study, including the activities of the territorial diagnosis and topographical design territory. As a result of the algorithm of this study. Article viewed by the author as staged actualize new aspects of scientific research in the assessment of criminological situation.
The purpose of writing this article – consider the theoretical and methodological foundations of Territorial Studies Crime.
Foreign experts involved in research of these scientific issues: A.Gerri, A.Ketle, C.Lombroso, S.Lote, blender, G.Makkey, T.Morris, B.Svenson, K.Shmid, G.I.Shnayder, K.Shou.
Methodology: the article is made based on an integrated, multidisciplinary approach, using a combination of scientific and special methods of research: comparative-typological, logical and analytical, formal-logical, systematic and structural, statistical.
Conclusions: The need for territorial (regional) study of crime is that the territory is the basis of human existence, and determines the characteristics of the individual, professional activities and the level of human life. The spatial organization of the territory and the topographical design may be factors that stimulate law-abiding behavior and increases the safety of the population. Topographical characterization area (areas) in this case is a key factor in addressing the challenges facing the bodies of internal affairs, and the space-time performance in modern conditions have a direct impact on making optimal management decisions.
Scope of the study: The article is staged. Prepared outside the territorial, historical and legal framework of scientific research.
Practical value: the article is of practical importance for the organization of criminological research, since methodological issues affect the security of the territorial study of crime; the provisions of article can be used in the practice of law enforcement agencies to develop a strategy and tactics of the special crime prevention.
Social consequences: social consequences: increased public security and public areas.
Original publication: It is to develop new approaches to the territorial (regional) study of crime.
ON THE SUBJECT OF WILLFUL DESTRUCTION OR DAMAGE TO PROPERTY (ART. 167 OF THE CRIMINAL CODE
Authors: Nabiyev, F. F.; Nikolaeva, T.V.
Keywords: people's property, the subject of crime, destruction or damage of property, joint property, common share property
This article presents an analysis of the composition of the object of deliberate destruction or damage of another's property and its relation to the subject of theft, as well as questions of qualification on the subject of a criminal assault.
LEGAL FRAMEWORK TO ENSURE THE CRIMINOLOGICAL SAFETY OF GROUP RISK FROM DRUG ADDICTION
Author: Voronin, Mikhail Yurievich
Keywords: drugs, group risk, criminological safety, legal basics
The article discusses the legal basis ensure the criminological safety of group risk from drug addiction. The author makes suggestions for its formation and improvement.
THE RESPONSIBILITY FOR THE FINANCING OF TERRORISM AND EXTREMISM, THE COMMISSION OF CERTAIN CRIMES OF A TERRORIST NATURE, IN THE CONTEXT OF TERRITORIAL AND EXTRA-TERRITORIAL APPLICATION OF CRIMINAL LAW
Author: Reshnyak, Maria Genrikhovna
Keywords: terrorism, extremism and terrorist activities, extremist activities, criminal law, financing, the effect of the law in the space of the extraterritorial effects
The article highlighted and discussed some issues of criminal liability for the financing of terrorist and extremist activities in the light of the provisions of the Criminal Code of the Russian Federation on its action space. The author formulates and justifies proposals for resolving such problems, given the current state of international law and Russian criminal law.
SUBJECT: PARTICULARITIES OF THE CRIMINAL LEGISLATION RELATING TO THE RESPONSIBILITY FOR THE HIJACKING OF MEANS OF TRANSPORT IN SOME FOREIGN COUNTRIES
Author: Arustamyan, Roman Vanikovich
Keywords: legislation of the foreign countries, target of crime, means of transport, law-maker, automobile/car
The article considers the particularities of the criminal legislation relating to the responsibility for the hijacking of means of transport in some foreign countries. We have conducted the comparative analysis with the current criminal legislation of the Russian Federation.
TACTICAL AND PSYCHOLOGICAL ASPECTS OF INTERROGATION AND IDENTIFICATION OF FEMALE SUSPECTS AND ACCUSED: PROBLEMATIC ASPECTS
Author: Schenina, Tatyana Phd at law
Keywords: accused-a woman, interrogation, identification, preliminary investigation of a measure of restraint, the person, the crime
The article is devoted to the application of interrogation and identification in relation to women. The legislator does not provide any special features of interrogation of women. As correctly noted in the legal literature, one of the reasons that not all dangerous crimes are revealed, and disclosed insufficiently investigated qualitatively, is the inability of operational and investigative personnel to correctly build an interrogation. According to section 2 of article 189 of the criminal procedure code, the investigator is free to choose the tactics of interrogation.
Despite the rather strict regulation of investigative actions in the criminal procedure law, the production of each of these actions is quite extensive.
The author explores the various opinions concerning the interpretation and application of the identified criteria, and proposes to change the wording of article 187-191 of the code, subject to statutory and judicial approach practice.
ORIGINS OF CRIMINAL POLICY IN JAPAN
Author: Inshakov, Sergey Mikhailovich
Keywords: Japan, crime, criminological policy, comparative criminology
Problem – the reason for writing research on crime policy in Japan was studying of Japanese experience in pressure on crime allowing its low level. The aim of the publication was also acquainted the audience with the Russian scientific assessments of foreign, primarily Japanese scientists criminologists (including Miyazawa, Matsumura, Tekeuchi, Ueda) as well as new researches of domestic and oriental lawyers.
Model/ Research Methodology – comparative analysis (in comparative and international criminology).
Conclusions – The analysis of the process of opposition of society and crime in Japan shows that even in such wealthy country it goes complicated. However social impact on crime in Japan in XX century was as flexible and dynamic as a constantly changing criminological situation in the whole country. The criminal phenomena destruction system must be transformed according to destruction or blocking one criminogenic factors and appearance of new ones.
Practical value: the experience of criminal policy formation as effective as adequate in front of new criminal threats is quite actual for modern Russia.
PRINCIPLES OF ADMINISTRATIVE PROCEDURES
Author: Dusakova, Lesya Anatolievna
Keywords: administrative procedure, principle of the right, principles of administrative procedures, administrative procedural complex, administrative process
In article questions of differentiation of the principles of administrative procedures reveal. Teoretiko-methodological justification of a design of the principles of administrative procedures on the basis of the teoretiko-legal doctrine of the principles of the right and the doctrine of the principles of administrative law is offered. The version of systematization of the principles of administrative procedures in general is offered.
GAPS IN THE TAX LAW REGARDING TO PROPERTY RELATIONS REGULATION
Author: Smolitskaya, Elena Evgenievna
Keywords: Tax Law, Civil Law, property relations, Damages, Unreasonable gains, judicial practice, gaps in law
Tax Law itself concerns Damages and Unreasonable gains, but The Russian Tax Code doesn’t regulate them correctly. Institutes of Damages and Unreasonable gains are civil themselves. Currently the 2nd Article of The Russian Civil Code prohibits applying Civil law to Tax relations. The article investigates the rules of The Russian Tax Code and the judicial practice in this country, which illustrates the problems under consideration. The author comes to the conclusion, that the gaps in Tax Law as regard Damages and Unreasonable gains preclude fair proceedings in tax litigations. But hereby, it is unreasonable to authorize the application of the Civil Law rules to Tax relations by analogy. The author has proposed the draft article for the Russian Tax Code, which permits applying Damages and Unreasonable gains institutes to Tax relations.
ADMINISTRATIVE AND LEGAL PECULIARITIES OF THE RUSSIAN MODEL OF COMPETENCE OF THE MINISTRY OF EDUCATION AS AN EXECUTIVE BODY
Author: Borisenko, Lyudmila Valentinovna
Keywords: Ministry of Education, the education system, administrative regulation, policy development education, higher education, axiology education, epistemology of education, the legal regulation of educational activities, the program of development of education, the Education Act
The article raises the question of the need for a qualitative change in the model of administrative-legal regulation of relations in the sphere of education. The problem of the distribution of functions and powers between higher education institutions and bodies of state power and administration. Your questions about the competence of the Ministry of Education and Science and the competence of the federal bodies of executive authority in the field of education is also explored. The analysis of the admissibility of and the need for setting under the administrative law of the scientific problem of correlating functional and methodical and target orientation of the education system in the framework of increasing the state spent resources to achieve high-quality and competitive education in Russia.
ACTUAL QUESTIONS OF SCIENTIFIC RESEARCH OF COMPENSATION FOR MORAL DAMAGE IN LABOR RELATIONS SPHERE
Author: Sakaeva, Kristina Ushangievna
Keywords: compensation for moral damage, labor right, compensation amount criteria
The article analyzes the legislative, doctrinal and judicial interpretation of the essential content of the concept of "compensation for moral damage ". At the same time, a special place is given to the definition of "compensation for moral damages in labor relations". The article also analyzes the approaches to the definition of criteria of compensation for moral damages existing at legislation in Russia and other countries. The conclusion is that the courts in Russia in determining the recoverable amount of compensation for moral damage approach legislatively fixed criteria such as “degree of fault tortfeasor", "reasonableness", "justice” and others. Meanwhile, the analysis of the doctrinal sources and foreign experience suggests the need of extension of the criteria for a more uniform and fair determination of the amount of compensation for moral damage in case of violation of one or another of the intangible human right. In the article the author's method of criteria for determining the amount of compensation for moral damage, which will increase the efficiency of courts specified norms.
PROBLEMS OF LEGAL REGULATION OF TERRITORIES OF TRADITIONAL NATURE USE OF INDIGENOUS PEOPLE OF THE RUSSIAN FEDERATION
Author: Toria, Rita Aleksandrovna
Keywords: indigenous people? Traditional types of economy, territories of traditional economy, traditional lifestyle
The author tells us about the problem of territory's creation of traditional nature use of indigenous people of the Russian Federation. Today, the process of the creation this territories of traditional nature use of indigenous people is very slow. Nowadays there is no one territory of Federal importance.
Because, the maintaining of the traditional economy for indigenous people is associated primarily with the provision of legal rights to land and other natural resources on the territories of traditional nature use. The securing of these rights of indigenous people is one of the major unresolved problems not only in Russia but also at the international level.
THE ORGANIZATION OF ACTIONS OF TERRITORIAL BODIES OF INTERNAL AFFAIRS WITH THE PARTICIPATION IN LIQUIDATION OF CONSEQUENCES OF EMERGENCY SITUATIONS ASSOCIATED WITH FLOODS
Authors: Prokhorov, Konstantin Aleksandrovich; Prudnikov, Vladimir Nikolaevich; Soldatova, Ol'ga Valentinovna; Akimov, Valery Grigoryevich
Keywords: flood, management, communications, plan, environment, evacuation
the article reveals the organization of activity of territorial bodies of internal Affairs with the participation in liquidation of consequences of emergency situations associated with floods, focuses on the role of management in the course of action of the forces.
CONSEQUENCES OF THE CONTRACTUAL BAN’S VIOLATION OR RESTRICTIONS OF THE CONCESSION’S REQUIREMENT
Author: Paraskevova, Dina Vladimirovna
Keywords: reform of the civil legislation, requirement concession, debatable transactions, consent of the debtor to a requirement concession
There is investigated in article the question of consequences of ban’s violation that is established by the restriction agreement of the concession’s requirement. The author analyzes key changes of legal regulation of violation’s consequences of a contractual ban or restriction of cession’s requirement in compare with provisions of earlier existing and updated civil legislation.
SOME FEATURES OF THE PERSONALITY OF THE OFFENDER FROM PROBATION
Author: Hajiyev, M.O.
Keywords: probation, correctional impact, performance, efficiency, probation
The article presents the main results of the study of the identity of the perpetrator of probation; The features of this category of offenders; It provides data on the socio-demographic and criminal legal characterization of such a person.