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THE ORIGIN TRENDS OF COMPARATIVE CRIMINAL LAW IN EUROPE AND US
Authors: Bocharov, Alexander Vladimirovich; Nikonovich, Sergey Leonidovich
Keywords: comparative law, comparative criminal law, the history of criminal law
The article examines trends in the origin of comparative criminal law in the work of European lawyers the XVIII early XIX century, such as C. Beccaria, P. Feuerbach, J. Ortolan and American jurists G. Stroud, G. Gould and F. Wharton. Identifies the main issues in period of the foundation of comparative criminal law in different legal systems, such as too abstract or utilitarian approaches. Formed representation of the fundamental differences in the approaches to comparative criminal law.
PROBLEMS AND WAYS OF IMPROVING THE QUALITY OF HIGHER LEGAL EDUCATION IN TODAY»S REALITIES
Author: Vorotilina, Tatiana Viktorovna
Keywords: higher education, legal education, quality of education, multilevel training, the continuity of levels of education
The article is devoted to problems of higher legal education, having a negative impact on the quality of training of law graduates. There is undertaken a brief analysis of causes of negative trends in system of domestic higher education, options for improving legal education are also offered.
The methodological basis of research is the dialectical method of understanding reality, a set of General scientific and private scientific methods of cognition, especially widely used methodology specific social legal studies (observation, questionnaires, analysis of written sources, methods for collecting information, etc.).
Novelty of the research consists in the analysis of legal education with respect to the opinion of students as direct participants in the educational process. The results of the study showed that the modern multilevel system of preparation of legal personnel «Bachelor-Master-Postgraduate studies» is imperfect, it needs fundamental reforms aimed primarily at improving the quality, the training of qualified lawyers demanded in the labor market, participants of educational relations in most cases are not assured of efficiency and the need for higher levels of domestic legal education. Multidimensional problems that have accumulated in the field of education need to be addressed, taking into account the opinion of all the subjects of such relations on the basis of fundamental research.
CREATION AND DEVELOPMENT LAW ENFORCEMENT SYSTEM (POLICE) IN KABARDA AND BALKARIA IN THE MIDDLE OF XIX — EARLY XX CENTURY
Author: Goliyndin, Nikolay Petrovich
Keywords: history, Russian Empire, Northern Caucasus, Kabarda, Balkaria, customary law, law enforcement, police, militia
Based on the analysis of archival material in the article questions of the history and development of law enforcement in Kabarda and Balkaria. The historical scope of the study determined period of the establishment of the military administration of the Russian Empire in the North Caucasus.
THE RELEVANCE OF USING THE SYSTEMATIC METHODOLOGY IN THE STUDY OF STATE AND LAW OF THE TRANSITIONAL PERIOD IN THE HISTORY OF RUSSIA
Author: Deryabina, Ekaterina Semyonovna
Keywords: system methodology, system, nonsystem, intersystem, integrity, relativity, transitional period
the article deals with the possibility of applying the systematic methodology in the process of investigating both the integral state-legal matter and the transitional one in terms of changing the social system on the example of the history of Russia of XX century. Purpose: to carry out the analysis of the existing system methodological tools for understanding the features of state-legal matter in transitional periods of Russian history. Methods: methodological basis of the research are system and historical methods to uncover quality content of the legal matter of the transitional period; to distinguish the principal difference between system and intersystem state-legal situation; to investigate the distinctive features of system changes in public and legal superstructure when moving from one social system to another; to review denying the possibility of topology of state and law of the transitional period. Results: during the investigation the basic approaches in system methodology were studied, including the possibility of its application in the process of studying the legal superstructure of the transitional period. The author agrees with the views of those scholars (A.I. Uyomov, D. G. Krasilnikov), who draws attention to such important feature of the system as relativity which allows to move away from characterizing the social systems and their subsystems only through the prizm of presence or absence of the integrity sign. Analysis of correlation of state-legal superstructure elements and strategic development of competing public systems allows us to provide both common and special typological features of state and law of the transitional period in the history of Russia. Conclusions: fundamental difference of approaches to systematic methodology concerns not the form but the content of its categorical framework. The categories of “system”, “nonsystem”, “intersystem” help carry out a more in-depth analysis of the legal superstructure in the process of changing social systems.
BUSINESS CUSTOM AS A KIND OF LEGAL CUSTOM
Author: Krivin, Daniil Vsevolodovich
Keywords: sources of law, legal custom, business custom
Today in view of narrow distribution of legal customs and insignificant application in practice of our state of a due attention to them it is not given. In the considered article the legal custom as a source (form) is analyzed it is right, and in particular — the business custom, which is the most widespread type of legal customs. The general analysis of the codified regulatory legal acts according to which classification of business customs by an industry sign is offered is carried out. The conclusion is drawn on a significant role of legal customs and business customs in view of upgrade of the existing legislation and emergence of new industries of the right.
THE ACTS OF NON-STATE COURTS AS LAW SOURCES
Author: Krivin, Daniil Vsevolodovich
Keywords: sources of law, judicial precedent, court practice
One of the main sources of law — judicial precedent and its separate types is considered in the article. In the detailed analysis such kind of judicial precedents as acts of non-state courts is allocated. As a result of this analysis some features of these sources of law are designated and the conclusion is drawn on equivalence — together with acts of the state courts — their applications to the public relations.
THE CONCEPT AND FUNCTIONS OF THE LEGISLATIVE (REPRESENTATIVE) BODY OF STATE POWER OF A REGION OF THE RUSSIAN FEDERATION
Author: Anisimova, Ekaterina A
Keywords: parliamentarism, the regions of the Russian Federation, legislative bodies of subjects of the Russian Federation, the functions of the Parliament
The article is devoted to the definition and consideration of the functions of the legislative (representative) bodies of state power of subjects of the Russian Federation. The article is part of a larger research of the author on the subject of parliamentary law of constituent entities of the Russian Federation. As the purpose of the study is to identify the role of the parliaments of the entities in the system of state power in the Russian Federation. The main method of work is the analysis of approaches to the concept of parliamentarism, and the analysis of the rules about functions of the representative body. In the result, the conclusion about the essence of the parliamentary legislative (representative) bodies of constituent entities of the Russian Federation as a whole. The article can be used in the educational process in the discipline «Constitutional law» and will also be of interest to all engaged in the constitutional law.
PECULIARITIES OF THE LEGAL STATUS OF LEGISLATIVE (REPRESENTATIVE) BODIES OF SUBJECTS OF THE RUSSIAN FEDERATION
Author: Kravtsova, Elena Aleksandrovna
Keywords: constitutional law, legal status, legislative bodies, legislative bodies of subjects
All the organs of the state have their own legal status, which determines the place of these bodies in the overall hierarchy of state bodies, helps to build a system of state bodies. The article defines the scope of the term «legal status of state bodies, establishes the specific legal status of legislative (representative) bodies of subjects of the Russian Federation, defines the legal status of the legislative bodies.
EDUCATIONAL INSTITUTIONS AS MEMBERS OF THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION
Authors: Novopavlovskaya, Elena Evgenievna; Natalia, Tarasova Ashotovna
Keywords: constitutional right to education, guarantees educational institutions, the complaint, the constitutional proceedings, the judicial normative control
The article discusses some aspects of the right to education and problems of its legal regulation to be solved by means of the constitutional legal proceedings levers. The monitoring applications to the Constitutional Court allowed the state that such an active role in legal relations fulfill the educational institutions of various types. They serve not only as the applicants in contesting the constitutionality of the regulation of various issues of education. Are educational institutions and other actors in the Constitutional Court of the Russian Federation.
The authors state that the legal position of the Constitutional Court have a significant impact on the process of legislative adjustment to the regulatory issues of education. The findings clearly confirmed by statistical data and examples of constitutional practice.
PROBLEM ASPECTS OF PUBLIC HEARINGS AS THE INSTITUTIONALIZED FORM OF DIALOGUE OF THE POWER AND SOCIETY
Author: Solovev, Sergey G
Keywords: the deliberalny democracy, public hearings, ideals and legal technologies used when carrying out public hearings
Article is devoted to research of ideals and legal aspects of the technologies used when carrying out the public hearings which are a modern form of the Russian municipal deliberalny democracy.
In work the condition of ideological, historical and legal bases of public hearings as forms of the institutionalized dialogue, a rational discourse, discussion, belief, the argument, compromises of municipal authority and local community is investigated. Taking into account the analysis of the acquired practice of carrying out public hearings in various Russian municipalities in article the corresponding basic ideas and problems of their practical realization are considered, legal aspects of the main technological problems arising when carrying out public hearings are considered, the directions of improvement of the relevant legal institute are offered and the forecast concerning the priority directions of his development is given.
The publication is prepared within the supported RGNF of the scientific project No. 16-03-50015.
STATE AGRARIAN AND COOPERATIVE POLICY
Author: Voronina, Natalia Pavlovna
Keywords: agricultural cooperation, agricultural cooperative, state agrarian and cooperative policy
In modern conditions of external threats the search of economic mechanisms to produce domestic agricultural products has become particularly urgent. Social and economic nature of agricultural cooperatives, experience of foreign countries, Russian historical traditions indicate that agricultural cooperatives are key actors in the mechanism of food security. The author has studied the evolution of legal regulation of government measures to support agricultural cooperatives and their participants. Also, the notion and content of the concept of agrarian and cooperative policy has been formulated.
TRANSNATIONAL ORGANIZED CRIME AS A THREAT TO NATIONAL SECURITY
Author: Gutieva, Irina G
Keywords: narcocrime, drug trafficking, organized crime, anti-narcotic policy, national security
One of the problems posing essential threat of national security of the Russian Federation is the drug addiction problem. The illicit trafficking in drugs and psychotropic substances and their precursors having global scales has an adverse effect on efficiency of fight against this negative phenomenon. In article the interrelation and interaction of drug trafficking with the organized crime having the international character is analyzed and also bases of counteraction of narcocrime in the Russian Federation reveal.
CRIMINAL LIABILITY IN THE MECHANISM OF CRIMINAL LEGAL REGULATION
Author: Dvoretskiy, Mikhail
Keywords: criminal liability in the mechanism of legal regulation, forms of criminal liability and their types
In the present publication examines criminal liability in the mechanism of legal regulation. The author examines the position of Russian scientists for the implementation of this category.
CONDITIONALLY-EARLY RELEASE: ORGANIZATIONAL AND LEGAL ASPECTS
Authors: Drozdov, Aleksey Igorevich; Orlov, Aleksey Viktorovich
Keywords: conditionally-early release from punishment, convicted to imprisonment, correctional facility
In the article the analysis of the new wording of the criminal law, established in article 79 of the Criminal Code, material criteria for assessing the degree of correction of persons sentenced to imprisonment by a complex of socially significant requirements needed for a positive decision of a question about conditionally-early release from punishment. On the basis of the conducted analysis, it was revealed that these legislative changes generally have a positive dynamic, including in matters of civil compensation, but I think that it is necessary to establish clear criteria for calculating compensation for damages assigned by the court.
Studied statistics in recent years about the number released from serving the penalty of deprivation of liberty, to petition for parole. Relevant conclusions about the reasons for the decrease of the total number of complaints of persons sentenced to imprisonment according to the court petition.
Considered the problems of application of parole from a sentence of imprisonment for convicts who have committed crimes of small and moderate severity, and long detained in remand centres of the penal system. Made proposals on improvement of legal regulation of the use of parole to this category of convicts.
POLITICAL AND LEGAL ISSUES OF CRIMINALIZATION OF INTERNATIONAL TERRORISM IN THE INTERNATIONAL CRIMINAL LAW AND IN THE NATIONAL LEGISLATION OF INDIVIDUAL STATES
Authors: Lobach, Dmitry Vladimirovich; Smirnova, Eugenia Alexandrovna
Keywords: terrorism, international terrorism, criminalization, international crimes, crimes against peace, international criminal law
The article analyzed problematic aspects of the criminalization of international terrorism as international crimes against the international peace and security of mankind. The authors substantiated the position that in fact there are some difficulties hampering the adoption of universal definition of international terrorism in the system of modern international criminal law.
Special attention is paid to the problem of terrorism and realization of natural rights of peoples to self-determination and resistance to despotism. Noted that while existing international law will not be designated a clear normative contour of legitimate struggle against oppressive regimes, the development of a universal definition of international terrorism may be delayed for an indefinite period. Concluded that the current approaches to the criminalization of terrorism as international crimes are not perfect. In contemporary international relations non-state actors in the face of international terrorist organizations and individuals able to commit no less dangerous terrorist acts to international order than a separate state so the state element cannot be immanent basis of international terrorism. The transnational nature of terrorist acts is also not tenable, because, first, disappears the legal boundary between conventional crime and international crime and, secondly, it is impossible to exclude not transnational acts of terrorism (domestic terrorism), which can also infringe on international law and order, peace and security. The paper also examined the Russian and foreign experience of the criminalization of terrorism as crimes against peace, allowed to see some similar approaches in the political and legal perception of the acts as threats to international peace. The author substantiated the thesis that the initiative taken by the legislative regulation of terrorism as crimes against the peace and security not without its gap, which in turn may lead to problems of qualification.
ASSESSMENT OF THE RELATIONSHIP OF THE CONVICTED PERSON TO HAVE COMMITTED AN OFFENSE
Authors: Belyakov, Alexey V; Ðaçîâa, Aíía Âañèëüeâía
Keywords: criminally-executive system, parole from punishment, the condemned
This article deals with the problem of assessing the relationship of the convicted person to have committed an offense when deciding on his parole from punishment.
THE LEGAL SIGNIFICANCE OF THE MOTIVE IN THE NORMS OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION
Author: Trofimova, Galina Anatolevna
Keywords: motive of the crime, reasons for committing the crime, the severity of the offense, categorization of the crimes, danger of crime
The article is analyzed the provisions of the Criminal Code in terms of the degree of consolidation in which the motive of committing a prohibited act; is concluded the necessity of differentiation of public danger of persons who committed it acts on the base of compulsory identification of motive as the driving force behind the choice of a crime as a means to achieve this or that needs fixing the groups of the motives in the Criminal Code of the Russian Federation as one of the criteria for determining the gravity of the offense.
INFORMATION AS INSTRUMENT OF KNOWINGLY FALSE DENUNCIATION
Author: Firsov, Aleksey Nikolaevich
Keywords: knowingly false denunciation, information, instrument of committing a crime, means of committing a crime, subject of crime
This article deals with the problem of defining information as instrument of knowingly false denunciation. In result of the conducted research the author comes to the conclusion about impossibility of recognition of the subject of the crime provided by article 306 of the Criminal code of the Russian Federation, knowingly false information about a criminal act. Explaining his point, the author argues that such information creates a guilty person before the commission of a crime and has an impact on the object and the injured person. The subject of research is the legislation about criminal responsibility for knowingly false denunciation. The aim of the study is to determine criminal legal importance of the information used in the commission of knowingly false denunciation. The research methodology is represented by the following general scientific methods of knowledge: comparison, analysis, synthesis, induction, deduction, generalization. The results can be for the theory of criminal law and law enforcement. The results can have a broad application field: from their introduction in the educational process, to use in the work of law enforcement. Conclusions: appears instrument of knowingly false denunciation, i.e. the sign of the objective part of this crime; it influences the character and degree of public danger of the act; such information is knowingly false, material, specific, affirmative, containing information about the crime or the offender, transmitted to the appropriate destination.
DISSOLUTION OF THE SOVIET UNION AND REFORMS OF CRIMINAL PROCEDURAL LEGISLATION IN THE RUSSIAN FEDERATION, REPUBLIC OF BELARUS, UKRAINE, AND THE REPUBLIC OF KAZAKHSTAN
Author: Korshunov, Igor Gennadievich
Keywords: criminal procedural legislation, criminal procedural activity, criminal procedural proving, operational investigative activity, results of operational investigative activity, procedural evidence
The article seeks to consider reforms of criminal procedural legislation after the dissolution of the Soviet Union. In particular, the paper aims to analyze the main features of the status of operational investigative activity and the use of its results in criminal procedural proving in the Russian Federation, Republic of Belarus, Ukraine, and the Republic of Kazakhstan. Based on a comparative analysis the author shows the tendency to use the results of operational investigative activity in criminal cases directly as independent procedural evidence. This tendency demonstrates replacement of substantial evidence by non-procedural information which can be used only as a supplementing materials when procedural evidence is formed.
FEATURES OF APPLICATION OF A SECURITY MEASURY — «DELIVERY OF WEAPON»
Author: Malikova, Natalia Valeryevna
Keywords: state protection, security measures, issue of weapon, protected persons
Article is devoted to a research of problems of the organization and tactics of application by divisions of the state protection of a security measure «issue of weapon». Theoretical, and also standard and practical questions of application of this security measure are analyzed. For complex consideration it is offered to classify all the persons which are subject to the state protection on three groups of subjects: 1) having the right to fixed carrying and storage of a service weapon according to official position; 2) having the right to temporary use by office weapon for the purpose of self-defense; 3) not having right to carrying and storage weapon. The algorithm of actions of the employees responsible for providing security measures, after pronouncement of the resolution on election of a security measure of «issue of weapon» is given.
PROBLEMATIC ASPECTS OF THE IMPLEMENTATION OF THE PROCEDURAL STATUS OF ADVOCATE IN ADVERSARIAL COURT PROCEEDINGS
Author: Minimurzina, Olga Nikolaevna
Keywords: defender, waiver of counsel, court investigation evidence collection of evidence by the defender
the article describes the features of a procedural status of an advocate in the trial. Researched issues relating to cases of refusal of the defendant from the defender. In this regard, attention is drawn to the inconsistency of the provisions of article 52 the provisions of article 51 of the code of criminal procedure, according to which abandon the assistance of counsel can the defendant, a minor, do not speak the language in which the proceedings are conducted in criminal case etc. Speaking about the status of the lawyer, the author discusses the problem of consistency of positions of the lawyer and the defendant in the trial: some researchers recognize the difference of position of the lawyer and the defendant is appropriate, and others associate this discrepancy with the transition of the defender to the prosecution. For this reason formulates the position that a plea of not guilty if it is proved the set of collected evidence entails no less undesirable for a defendant the consequences than self-incrimination. In the analysis of tactical actions of the defense attorney, the author gives opinions about the mechanism of realization of the right to re-apply motions during trial and cases of abuse of this right. Finally, the results of the study revealed the inconsistency of the amendments of the criminal procedure code of the Russian Federation the Federal law «About bases of health protection of citizens in the Russian Federation» and submitted a proposal about the improvement of the rules governing equality of parties in criminal proceedings.
CRIMINAL-PROCEDURAL FUNCTION OF A PROSECUTOR IN THE ESTABLISHMENT OF OBJECTIVE TRUTH DURING THE INITIAL INQUIRY
Authors: Tushev, Alexander Alexandrovich; Teuchezch, Asfar Aslanbievich
Keywords: prosecutor, criminal-procedural function, investigator, criminal case, objective truth, comprehensiveness, fullness and objective character
The peculiarities of realization of criminal-procedural function in the establishment of objective truth during the initial inquiry by a prosecutor are considered at the present article. The definition of the objective truth at the preliminary investigation in the form of inquiry has been given. The powers of the Prosecutor to implement the specified function are analyzed on the basis of norms of procedural law and departmental normative acts of bodies of the Prosecutor»s office of the Russian Federation.
TOPICAL ISSUES OF PURPOSE OF EXAMINATIONS CONCERNING THE WOMAN — THE SUSPECT ACCUSED OF COMMISSION OF CRIME
Author: Shchenina, Tatyana E
Keywords: criminal legal proceedings, judicial examinations, the suspect, the accused woman
In article the bases of purpose of judicial examination, concerning women — the suspects accused who are need of studying of its psychophysiological state at the time of commission of crime are analyzed. The author offers to make addition to the Criminal Procedure Code of the Russian Federation, having provided norm on acquaintance of the suspect accused and his defender with the resolution on purpose of examination prior to its carrying out.
MIGRATION AS A WAY OF SOLVING DEMOGRAPHIC PROBLEMS IN RUSSIA TODAY
Author: Mamontova, Elvira Alexandrovna
Keywords: migration, immigrants, migration politics, demographic fall, demographic politics
The value of migration processes for demographic, social and economic development in Russia today is being discussed in the article. The speciality of migration of different kinds of immigrants to Russia and new laws of regulating the process are being analyzed. Implementation results of the challenges set by Concepts of demographic development in Russia before 2025 and the State programme supporting voluntary migration to the Russian Federation of compatriots living abroad are being studied. The conclusion is drawn that the compensating role of migration in the demographic development of Russia should increase under difficulties which birth dynamic will face and natural growth of Russian population in the nearest 15 years; migration politics of Russia should progress considering the possible risks; compatriots migration should be stimulated first to increase population in Russia; demographic politics in Russia should be focused at stimulating the birth of its own population and supporting the families with children. The results of the work can be used by legislators when improving migration legislation and also by regulatory bodies of different level in their practice of migration politics implementation in Russia
LEGAL PROTECTION OF VICTIMS IN THE EUROPEAN UNION: PROBLEMS AND PROSPECTS
Author: Meshcheryakova, Olga Mikhaylovna
Keywords: criminal justice, the Court of Justice, the criminal law of the offenses, the victim, prosecuting organized crime
The legal framework of cooperation by Member States of the European Union in the investigation of criminal offenses are examined. Sphere of cooperation of EU member states on the interaction of police and judiciary is the most difficult in the European integration process, repeatedly subjected to substantial reform. The author offers to get acquainted with the procedures to protect the rights of victims in the European Union.
THE ISSUES OF INTERACTION OF THE INVESTIGATOR WITH THE SERVICES OF EMPLOYEES OF INTERNAL AFFAIRS AGENCIES, PROFESSIONALS, ORGANIZATIONS AND PUBLIC ASSOCIATIONS IN THE INVESTIGATION OF FRAUD COMMITTED AGAINST SOCIALLY UNPROTECTED CATEGORIES OF CITIZENS
Authors: Bilyk, Vladimir Ivanovich; Daria, Kuzmenko
Keywords: investigation of fraud, socially unprotected categories of citizens, interaction, collaborative activities, the performance of the investigation
the authors, based on the results of the survey of investigators and considering the data obtained in the course of analysis of criminal cases on fraud committed against socially unprotected categories of citizens, allocate the basic directions and principles of interaction of investigators with the employees of services of internal Affairs agencies, professionals, organizations and public associations in the framework of the preliminary investigation. The authors highlighted the main problematic aspects of the interaction that occurs in the course of preliminary investigation, their causes, possible solutions.
ON THE CONCEPT OF OPERATIONAL-SEARCH ACTIVITIES «OPERATIONAL EXPERIMENT»
Author: Kislyi, Oleg Alekseevich
Keywords: corruption, staff of internal Affairs bodies, criminal offense, operatively-search activity
the article discusses the concept of operational-search activities «operational experiment», which is part of the state policy in the field of law enforcement, with the aim of creating appropriate conditions for stable operation of the police Department, to preserve its integrity against internal and external threats.