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EFFECTS OF THE GERMAN CRIMINAL DOCTRINE ON THE HISTORY OF ARGENTINA»S CRIMINAL LAW
Authors: Bocharov, Alexander Vladimirovich; Nikonovich, Sergey Leonidovich
Keywords: history of foreign countries laws, Argentina, comparative criminal law, the history of criminal law
the article considers the trends of the criminal origin of Argentina»s right in the middle of the XIX — early XX century. Identifies the main issues that emerged during the period of the emergence of criminal law at the stage of formation of the state of the former colony. The article uses the methods of comparative law and comparative criminal law, which made it possible to conduct a comprehensive diachronic comparison of criminal law systems and doctrinal sources. Highlighted the fundamental differences in the approaches of colonial legislation and Argentina national criminal law, it shows the influence of European, primarily German legal thought on the development of the Argentine criminal law. The main stages of improvement of the Argentine criminal law. A comparison of legal sources and legal doctrines, have left their mark in the development of the sovereign Argentine criminal law.
HISTORY OF DEVELOPMENT OF INVESTIGATING AUTHORITIES IN RUSSIA: FROM THE MOST ANCIENT TIMES TO THE 18TH CENTURY
Authors: Kotlyarov, Sergey Borisovich; Chicherov, Evgeny Aleksandrovich
Keywords: investigating body, investigating officer, proof, detective, crime, punishment, disclosure of a crime, investigative actions
Article contains the historical and legal characteristic of process of forming and development of investigating bodies of Russia from the moment of origin of the Old Russian state and until the end of the 17th century. In article bases of disclosure of crimes and process of carrying out investigative actions of the specified historical period reveal.
DEATH PENALTY AS WRONGFUL PLACE IRRESPONSIBLE VIOLENCE AND SYMPTOM SPIRITUAL AND MORAL IMPOTENCE OF MODERN SOCIETY AND STATE
Author: Osipian, Boris
Keywords: death penalty as unlawful revenge, irresponsible violence and a sign of spiritual and moral powerlessness of a modern society and State, lawful purposes and elements of the concept of criminal punishment, a sign of general instability and weakness of the societies and states, cancellation of the unlawful statute on death penalty
In his article «Death Penalty as Unlawful Revenge, Irresponsible Violence and a Sign of Spiritual and Moral Powerlessness of a Modern Society and State» the author by means of consideration of the lawful purposes and elements of the concept of criminal punishment proves uselessness and harmfulness of official legalization and practical application of death penalty as a separate kind of criminal punishment and suggests to cancel it completely as a sign of general instability and weakness of those societies and states in which it is provided and applied on the basis of the unlawful statute.
THEORETICAL AND LEGAL ASPECTS OF THE RUSSIAN FEDERATION PRESIDENT INFLUENCE ON THE LEGISLATIVE INITIATIVE OF THE SUPREME COURT OF THE RUSSIAN FEDERATION
Authors: Saleev, Marat Ashatevich; Medvedev, Vladimir Alexandrovich
Keywords: The Supreme Court of the Russian Federation, legislative initiative, judiciary, President, bill, legislation, authorities, the question of reference
The legislated rights of the President, as a legislator, are examined in this paper, along with his advantages over other public authorities with a right of legislative initiative. The legislative rights of public authorities are briefly described. Actions of the Russian Federation Supreme Court as a lawmaker are analyzed. The legislative initiative of the Supreme Court is considered after it unification with the Supreme Arbitration Court. The consequences of the higher courts unification in Russia are evaluated. President decrees to the Supreme Court dated 2015 and 2016 are scrutinized. The opportunities for the President to influence the legislative initiative of the Russian Federation Supreme Court are identified as well as the causes and consequences of such influence. The question of the necessity and appropriateness of the President intervention in the legislative initiative of the Supreme Court is raised. The theoretical and practical problems of the legislative rights implementation of the Russian Federation Supreme Court are marked.
COLAZIONE ISSUES OF MARRIAGE AND FAMILY RELATIONS IN ISLAMIC COUNTRIES (FOR EXAMPLE UNITED ARAB EMIRATE)
Author: Mineeva, Irina Nikolaevna
Keywords: family, marriage, divorce, United Arab Emirates
In this research article analyzes the conflict of laws of marriage and family relations in Islamic countries. Discusses procedures for the conclusion and dissolution of marriage in these States on the example of the United Arab Emirate.
THE EVOLUTION OF THE PORTUGUESE CIVIL AND COMMERCIAL LAW: HISTORY AND MODERNITY
Authors: Elena, P; Olga, V
Keywords: civil law, Portugal, Portugal»s first civil code, Commercial Code of Portugal, Code of copyright and other related rights of Portugal
The article is devoted to formation and development of civil and commercial law of Portugal, since the XII century to the present day, including the process of codification, which began in the XIX century.
THE HISTORY OF ARBITRATION SETTLEMENT OF PRIVATE LAW DISPUTES IN THE FEDERATIVE REPUBLIC OF BRAZIL
Authors: Rusakova, Ekaterina Petrovna; Ponomareva, Olga Sergeevna
Keywords: Brazil, arbitration, BRICS, the settlement of private disputes, alternative dispute resolution (ADR)
Since ancient times, the relations, existing in society, inevitably give rise to conflicts that arise, for the most part, as a result of the conflict between interests of the parties. Conflicts are not only an expression, but also a kind of public relations engine. And in view of the significant increase in trade between Brazil and other countries, in particular, Russia after the BRICS foundation in June 2006 (organization of states, characterized as the most rapidly developing), study of all the features of the alternative methods of dispute settlement in these countries is becoming increasingly important. In this article we study the history of formation and development of the arbitration method of resolving private law disputes in Brazil. Objectives: Investigate and analyze the history of arbitration in Brazil. Conclusions: It can be stated that the arbitration, having major obstacles to the formation and development (based on the opinions concerning the procedure for consideration of civil and trade disputes) in the past, today is a developed and effective mechanism to protect the rights and legitimate interests of parties of private law disputes in Brazil.
SOCIO-LEGAL EXPLANATION OF PRIVATE INTERNATIONAL LAW
Author: Sevryugina, Zoya
Keywords: private international law, connecting factors, applicable law
This article is devoted to the socio-legal explanation of private international law. The author examines an objective reason for emerge, existence and further development of private international law. Based on the nature of private international law, it gives an analysis of the court actions when choosing between different civil laws and orders. The author establishes the forms of national private international law.
THE PRINCIPLES OF THE GENERAL INSTITUTE OF PENSIONS
Author: Medvedev, Andrey Valeryevitch
Keywords: principle, principle of law, social work, social welfare, social security law, pension
the article analyzes the key principles of the General Institute of pensions. This indicates that the principles of the Institute of pensions perform a special role in the legal regulation of this form of social security. The article focuses on the fact that the most important in the Institute of pensions belongs to the same principle as vicarious liability of state for obligations of the Pension Fund of the Russian Federation. In addition, the legislation can be met and the principles of organizational and technical issues (principles of applied nature), which usually serve a corporate role.
CLASSIFICATION PRINCIPLES IN LAW AND LEGISLATION
Author: Medvedev, Andrey Valeryevitch
Keywords: principle, the principle of law, social, welfare, social security law, social justice
The article deals with the legal issues associated with the classification principles in the law and legislation. This focuses on the fact that the category of «the principle of» the right to a rather complex and multifaceted phenomenon as the law itself. In this respect, the principles can be divided into two groups: objective and subjective principles of law. As a specific example, the right to social security including the principles of objective law can be stated the principle of social justice; in turn, refers to the principles of optionality subjective right. Along with this, all the principles can be divided into legal principles, ideas and proper principles of law that is the basis for all their internal classification.
RUSSIAN LEGISLATION: PARTICULARLY REGULATION OF LABOR RELATIONS BETWEEN EMPLOYER AND EMPLOYEE - SMALL BUSINESS ENTITY THAT APPLIES TO MICRO-ENTERPRISES
Author: Scherbak, Stanislav Sergeevich
Keywords: employer, microenterprise, labor relations, small business entity
The article analyses the the changes to the Labour Code, relating to the inclusion of Chapter. 48.1. The author analyzes in detail the peculiarities of the legal regulation of labor relations with the employer relating to «micro-enterprise» category, as well as suggestions on the improvement of the labor legislation with regard to regulation of labor of persons employed in micro-employers.
ABOUT A PLACE AND A WAY OF COMMITTING CRIMES PROVIDED BY ART. 210 CC RF AS POSSIBLE QUALIFYING SIGNS
Author: Grigoriev, Dmitrii Aleksandrovich
Keywords: a way of committing a crime, a place of committing a crime, qualifying signs, criminal conspiracy
Art. 210 CC RF and a bill prepared by Federal Service on Drug Trafficking served as a subject to the article called “About a place and a way of committing crimes provided by art. 210 CC RF as possible qualifying signs”.
The research was made with using such general scientific methods as analysis and synthesis, deduction and induction, modelling etc. Besides, logical-semantic method was applied in interpretation of individual terms.
The purpose of the article is revelation of the possibility of inculcation into the art. 210 CC RF as qualifying signs, such optional signs of corpus delicti as a place and a way of committing a crime, and provided that such possibility exists, suggestion the author»s edition of the qualified corpus delicti to be included into the art. 210 CC RF.
Attainment of the set aim, let the author formulate the new edition of the qualified corpus delicti of the art. 210 CC RF: “acts, provided by para one and two of the present article committed by a person, being situated in establishment providing isolation from society”.
The named result may be considered by the legislator for the purpose of improving law regulation of criminal liability for organizing criminal conspiracy or participation in it (art. 210 CC RF).
The main conclusions of the work are: 1) the author»s deduction that a place of committing a crime, provided by art. 210 CC RF may essentially raise social danger (i.e. has the right to become a qualifying sign) in case if the mentioned crime is of the transnational character; 2) a project of the qualified corpus delicti is offered.
CRITERIA OF EFFICIENCY OF IMPLEMENTATION OF CRIMINAL LIABILITY: QUESTIONS OF THE THEORY AND LAW-ENFORCEMENT PRACTICE
Author: Dvoretskiy, Mikhail
Keywords: ways to improve the effectiveness of criminal responsibility, forms of criminal liability and their types, criminal liability, implementation, fine, deprivation of the right to occupy certain positions or engage in certain activities
In the present paper explains the criteria for effective implementation of criminal responsibility in the context of solving problems of the theory and practice Author explores ways to improve the effectiveness of the penalty and deprivation of the right to occupy certain positions or engage in certain activities in the context of criminal proceedings. The subject of journalistic research supports the complex theoretical and practical problems of systematization of the penalty as a form of punishment, its implementation and the effectiveness of law enforcement.
SOME ASPECTS OF APPLICATION OF THE CONCEPTS «POTERPEV-SHIY», «VICTIM», «APPLICANT» AT INVESTIGATION OF PRE-STUPLENIY
Author: Zheludkov, Mikhail Aleksandrovich
Keywords: victim, applicant, victim, crime, investigation, zashchitapo-nyatiya
Interest in features of procedural position of the person in which relation the crime is committed, isn»t casual. It is caused by that without fixing in normative documents of legal guarantees the individual has no rights of the participant of criminal legal proceedings, and also there is a contradiction between criminal procedure opportunities of «victim», «applicant» and «victim» at protection of the rights and interests on preliminary investigation of crimes. The concept is always considered some kind of base without which definition it is impossible to build the special legal building with the corresponding structural and forming elements. Therefore, it is impossible, without having defined essence and the content of concept of the victim to create special system of measures of his protection. Besides, the powers of specified persons conferred in the law create contradictory interpretation and aren»t always adequate to criminal procedure, criminological and social and economic realities of modern society. Protection of the victims in criminal legal proceedings assumes existence of a certain massif of knowledge of standard and legal regulation of activity of the specified participants of criminal trial. In the scientific article the complex of topical issues of realization of powers of «victim», «applicant» and «victim» at stages of excitement and investigation of criminal case is investigated. The substantial aspect of definition of the presented concepts is analysed.
SYSTEM APPROACH TO PROBLEMS OF A HOMELAND SECURITY
Author: Kumysheva, Marina K
Keywords: safety, system of ensuring national security, national interests
Along with the national interests of the major system-forming factor and the functioning of the national security system are a threat to national security, which are a set of conditions and factors that promote directly or indirectly the possibility of damage to the national interests.
The systems approach is the most preferred for the study of national security issues. This approach contributes to the development of real efficiency measures to ensure national security.
IDEOLOGY AS A COMPONENT OF CONSCIOUSNESS IS IMPRISONMENT OF THE PRISON COMMUNITY
Authors: Malikova, Nadezhda Borisovna; Musaleva, Anna Vladimirovna
Keywords: convicted, ideology, the prison community
The article is devoted to the influence of ideology on the minds of the convicts in places of deprivation of liberty: the authors consider the concept of a criminal ideology through the prism of individual and social group characteristics, as well as define its purpose and objectives, identify and examine the characteristics of ideology of the prison community.
TO THE QUESTION ABOUT THE PROBLEM OF EARLY CRIME PREVENTION AMONG STUDENTS OF EDUCATIONAL INSTITUTIONS
Authors: Pakaev, Alexander O; Danelyan, Rita Surenovna
Keywords: early prevention, criminal justice, teacher»s personality, morality, upbringing, educational organization
The article considers the problem of improving early prevention of crime among secondary school students, emphasizes the role of schools in creating a favourable socio-pedagogical conditions, contributing factors which is the high moral level of the team of teachers, close interaction between schools and families and the joint participation of teachers and parents in the educational process of students.
NECESSARY DEFENSE: PECULIARITIES OF APPLICATION OF THE PROVISIONS OF PART 2.1 OF ARTICLE 37 OF THE CRIMINAL CODE
Authors: Pikin, Ivan Viktorovich; Tarakanov, Ilya Aleksandrovich
Keywords: necessary defense, unexpected assault, attack, causing harm
the article is devoted to the peculiarities of qualification defensive actions in situations where, because of surprise attacks the defending person could not objectively assess the extent and nature of the danger of attack. Exploration exposed the contents of Part 2.1 of Article 37 of the Criminal Code. Comparative analysis of the terms «assault» and «attack», the concept of unexpected assault formulated. The necessity of a thorough analysis of the subjective perception of the situation facing defenders of self-defense. There have features such perception defenders face a situation of unexpected attacks. Analyzes the provisions of the Resolution of the Plenum of the Supreme Court of the Russian Federation of 27.09.2012 number 19 «On the application of the law by the courts of the necessary defense and causing damage during the arrest of the perpetrator», relating to the situation of a surprise attack. On the basis of the research proposed additions to the text of the said Resolution of the Plenum of the Supreme Court.
FEATURES OF THE OBJECTIVE SIDE OF THE RECEIPT AND BRIBERY BY MEANS OF PAYMENT SYSTEMS
Author: Speranskiy, Ilya Mikhaylovich
Keywords: bribe, bribery, payment system, remote control method, a virtual wallet, Bitcoin
Subject of research are methods of obtaining and bribery the so-called «modern» and «remote» method: with the help of payment systems, including those used in the Internet. Particular attention is drawn to the characteristics of each listed in article ways of remote receiving or giving bribes in the development of recommendations aimed at securing evidence base for the above crimes.
The aim of the work: consideration of remote receiving or giving bribes in the development of recommendations aimed at securing evidence base for the above crimes.
The study used a systematic, functional and specific scientific methods of studies: formal legal and complex. Using the method of content analysis analyzed the verdicts of courts of General jurisdiction, which deals with the application of payment systems in the Commission of a crime.
Scientific novelty of research consists in giving the author of the characteristics of unexplored component of the objective side of receiving and giving bribes, namely, to commit such acts «modern» «remote» method using payment systems, including those used in the Internet.
The results of the study. Definition of payment systems. The characteristic «remote» method of obtaining and bribery. Proposed solutions to some problematic issues connected with attraction of persons to criminal liability. The author suggests changes in Federal legislation (for example, anonymous payment systems Bitcoin), as well as in the Resolution of Plenum of the Supreme Court.
EFFECTIVE PREVENTIVE IMPACT OF PUNISHMENT
Author: Stromov, Vladimir Yuryevich
Keywords: implementation of international legal norms, Preventive effect of the penal system
The idea of the publications considered implementation of international legal norms. The subject of this research is the analysis in the context of preventive effects penalty system.
THE MAIN ACTIVITIES OF THE NATIONAL ANTI-TERRORISM COMMITTEE OF THE RUSSIAN FEDERATION ON TERRORISM PROPHYLAXIS
Authors: Tutukov, Albert Y; Tsrimov, Amir Amuzedovich
Keywords: terrorism, National Anti-Terrorism Committee, prophylaxis, anti-terrorist commissions, terrorism ideology
The problem of terrorism was and remains to one of urgent problems of modern society. In this regard the prophylaxis of terrorist implications consisting in identification and the subsequent elimination of the reasons and conditions promoting commission of acts of terrorism acts as one of priority tasks of public authorities and local governments.
ON THE ISSUE OF CRIMINAL RESPONSIBILITY FOR AN ACT OF INTERNATIONAL TERRORISM
Authors: Osipov, Vladimir; Kharitonov, Ivan Igorevich
Keywords: criminal liability, terrorism, international crime, Novels Russian criminal law, Act international terrorism, legal analysis, financing terrorism, the promotion of peaceful coexistence of nations and peoples
The article made a legal analysis of the article about criminal liability for an act of international terrorism (Art. 361 of the Criminal Code The Russian Federation). Analyzes the basic concepts used by the legislator while the interpretation of an act of international terrorism.
CUSTOMS AND TRADITIONS AS A MEASURE AIMED AT PREVENTING CRIME IN THE NORTH CAUCASUS
Author: Shapiev, Ruslan Nurullaevich
Keywords: traditions and customs, measures of prevention of crime, social control, public opinion
In the article the question of the concept of customs and traditions and their role in the prevention of crime.
THE QUESTION OF THE EMPOWERMENT OF ASSISTANT REFEREES DUTIES REGARDING CARRYING OUT PROCEDURAL ACTIONS USING SYSTEM OF VIDEOCONFERENCE
Author: Basova, Oksana Olegovna
Keywords: assistant judge, videoconferencing, examination of witnesses, judicial order, the effectiveness of justice
The article considers the question about the possibility of giving the assistant referee duties the Commission proceedings related to the execution of letters rogatory for the examination of witnesses and the victims through video conferencing. Given the fact that during the interrogation of a witness or victim using the video conferencing interrogation carried out directly by the court considering a criminal case, and the court at the location of the interrogated person is organizing and conducting video conferencing, the conclusion about the possibility of legislative consolidation for assistant judge duties on execution of the court order with the use of video conferencing. The analysis of the current legislation on enforcement of judicial orders using video conferencing, suggests changes in legislation for the improvement of the institution. Also the question about the possibility of assistant judge of interrogation with the use of videoconferencing in legal assistance to foreign States in criminal matters, in connection with proposed amendments to existing legislation related to the possibility of using video conferencing in the provision of legal assistance to foreign States in criminal matters. The proposed legislative changes, in the author»s opinion, will contribute to reducing the burden on the judge, to improve the quality and efficiency of justice delivery in criminal cases.
PROBLEMS RATIO OF THE PRELIMINARY INVESTIGATION AND INQUIRY IN CRIMINAL PROCEDURE LEGISLATION
Author: Kunashev, Marat Aslanbievich
Keywords: Investigation forms, Inquiry, preliminary investigation
The problem of relations and justified the conclusion that there is no significant difference of the two forms of preliminary investigation. The analysis of regulations governing these types of pre-trial and a retrospective investigation of the forms in the domestic legislation to amend the rules of jurisdiction.
ABOUT THE CONTENT OF THE POWER OF THE PROSECUTOR IN THE PRELIMINARY INVESTIGATION STAGE
Author: Symin, A
Keywords: criminal procedure, criminal prosecution, the prosecution, the prosecutor»s supervision
In the article is considered some issues related to the content of the prosecutor»s power and prosecutor supervision determining the specifity of the preliminary investigation stage. It is concluded that in the criminal procedure the only public official from the party of charge should be the prosecutor. The author suggests that in its present form the prosecutor supervision in the preliminary investigation stage is not objectively conditioned.
THE DETENDANT»S PARTICIPATION IN CRIMINAL PROCCESS: LEGAL CONSIDERATION AND MORAL ASPECT
Author: Tarasov, Ivan Semenovich
Keywords: criminal process, defendant, presumption of innocence, morality, Eurasian law
the article is devoted to the analysis of a defendant»s procedural status in criminal process. The publication emphasizes the moral side of a defendant»s behavior, which should be based on the Orthodox Christian vision of morality, personal freedom and the idea of catholicity. Also the author shows the readers some elements of one»s moral behavior: emotional and practical repentance, search of truth for the elimination of investigative and judicial errors, etc. Basing on the research, the author comes to the conclusion, that a defendant»s participation in criminal process is not only a procedural right of defence, but a moral obligation as well.
PROBLEMATIC ISSUES OF ANTI-CORRUPTION EXPERTISE (EXPERIENCE OF THE PERM REGION)
Author: Pakhomova, Larisa Mikhailovna
Keywords: anti-corruption expertise, corruption-factors, application of anti-corruption expertise methods, public experts
The article analyzes the issues of enforcement anti-corruption expertise in period allocated by the author of the stages of its implementation in the territory of the Russian Federation, defined the problematic issues when using the methods of the anti-corruption expertise, analyzes the experience of anti-corruption expertise in the Perm Region by public experts.
THE ARBITRATION LEGISLATION IN THE LIGHT OF PROCEDURAL REFORMS
Author: Krivin, Daniil Vsevolodovich
Keywords: arbitration court, procedural reforms, permanent arbitration institutions, arbitration of internal disputes
In article, the procedural reform that happened in the current year in which main attention is paid to the legislation on arbitration is considered. The adopted at the end of the last year Federal law from «On arbitration (arbitration) in the Russian Federation», and the current state of other normative legal acts regulating institute of arbitration legal proceedings in our state is in detail analyzed. On the basis of the conducted research the conclusion about success of the occurred innovations which emergence is connected with existence of a large number of legal collisions in the arbitration legislation is drawn.