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HISTORY OF DEVELOPMENT OF INVESTIGATING AUTHORITIES IN RUSSIA: SINCE THE XVIII CENTURY AND PRIOR TO THE BEGINNING OF THE XX CENTURY
Authors: Kotlyarov, Sergey Borisovich; Chicherov, Evgeny Aleksandrovich
Keywords: investigative body, investigator, proof, detective, crime, punishment, disclosure of a crime, investigative actions
Article contains the historical and legal characteristic of process of formation and development of investigating authorities of Russia since the beginning of the 18th century and to the XX century. In article bases of formation and establishment of a position of «investigator», his role in disclosures of crimes and process of carrying out investigative actions of the specified historical period reveal.
LEGAL BASES AND THE ORGANIZATION OF FIGHT AGAINST THE BEGGARY IN RUSSIA IN THE 18TH CENTURY
Authors: Malygin, Alexander Yakovlevich; Aseeva, Anna Sergeyevna
Keywords: beggars, poor children, professional beggary, a beggary in the 18th century, social policy of the Russian Empire, poverty
In article questions of legal regulation of fight against a beggary in the 18th century are considered, the role of police in this activity reveals, the measures of the prevention of a beggary taken by the state are shown.
THE IMPACT OF CORRUPTION ON HUMAN RIGHTS
Authors: Melnikov, Victor Y; Kabysh, Natalia Faridovna; Sizko, Igor Aleksandrovich
Keywords: corruption, confiscation of property, the rights and freedoms of man
In the article the urgent and important problem arising from the need to strengthen the fight against corruption. Today we are witnessing overgrown, sometimes incompetent and greedy bureaucracy, transforming Russia from a lively and talented countries in the realm of bureaucratic capitalism. This scale of corruption that rose to the top. This plundering of the state budget and regional budgets. It is a system of kickbacks and economic racketeering. It is noted that there is a need for improving anti-corruption legislation.
THE STATE REGISTRATION OF THE RIGHTS TO THE SHARES IN A LIMITED LIABILITY COMPANY UNDER ARTICLE 8.1 OF THE CIVIL CODE AND CHANGES IN TRANSACTION RULES WITH THE SHARES IN THE AUTHORIZED CAPITAL OF A LIMITED LIABILITY COMPANY
Author: Gulevskaya, Diana Aleksandrovna
Keywords: a share in the authorized capital, Limited liability company (LLC), the principles of the registration of the rights to the shares, transactions on the share transfer
The article is devoted to the issues including legal development in the legislation on the state registration of rights to the shares in Limited Liability Company and changes in transaction rules with the shares in the authorized capital of the LLC. In this research we also analyze a notion of a share in current legislation and in law enforcement practice. The article considers the main principles of the registration of the rights to shares in accordance with Article 8.1 of the Civil Code. Research findings include a survey of recent changes in legisla- tion on the issues related to compulsory of the notarized certification aimed at any transactions concerning share transfer in the authorized capital of the LLC. These changes are caused by the legislator»s attempt to reduce the number of disputes concerning challenging of the transactions on the share transfer.
THE ELEMENTS OF CIVIL REPRESENTATION EXECUTION MECHANISM
Author: Koryakin, Stanislav Vladimirovich
Keywords: representation, legal relation, right, legal capacity, jural fact, authority
The article deals with the content of nature of representative authority as a special form of exercise of rights and fulfillment of obligations. The author carries out an analysis of civil law execution mechanism, marks out the inner elements composing its structure and gives a detailed description of the mechanism. Variety of scientific methods have been used by the author in this research. The concepts of «basis of representation» and «basis of authority» are critically re-evaluated. The author expresses his opininon about the content and legal object of legal relations included in representation and also reviews hte legal nature of representative authority. This research could be useful for corporate lawyers, attorneys, judges, public officials and etc.
THE LEGAL STATUS OF THE REPRESENTATIVE OF THE DEBTOR’S EMPLOYEES
Author: Togulev, Valeriy Mihailovich
Keywords: representative of the debtor’s employees, persons participating in a bankruptcy case, demand for payment of severance benefits and (or) on remuneration of persons employed or working under an employment contract, compulsory social insurance loss of earnings as a result of bankruptcy of the employer
This paper analyzes the legal position in bankruptcy proceedings the debtor»s employees and their representatives, which has undergone significant changes since the adoption of the Federal Law ¹186. It noted shortcomings in the regulation and asked to make a number of changes to the legislation. The author is a supporter of the adoption of the law on necessarily Social Insurance against loss of earnings in the results of bankruptcy of the employer.
ON THE ISSUE OF THE LEGAL REGULATION OF THE ESPECIAL ECONOMIC ZONES DIFFERENT REGIMES IN THE LIGHT OF DEOFFSHORIZATION PROCESSES IN THE RUSSIAN FEDERATION
Author: Tyurin, Ilya Vladimirovich
Keywords: Offshore jurisdictions, Capital outflow and Capital attraction, Deoffshorization, Fiscal interests of the State, Special economic zones, Territories of advancing development, Revenues of the Budgetary system, Tax exemptions
The article substantively considers the use of diversified especial economic zones, the regimes of which are established in various territories within the borders of the Russian Federation, for the purposes of deoffshorizing policy. The Russian federal authorities have been already searching for an optimal variant of such economic zones for more than ten years, having established several of their types coexisting simultaneously in different parts of the country; moreover, finding the best of all options would allow businessmen to return their funds, exported to low-tax foreign jurisdictions, including offshore ones, before, to Russia. However, this way is not always effective, as, in particular, the results of activities within “special economic zones”, as a type of the above-mentioned preferential economic territorial regimes, have been shown. The article reveals some problems, which are not currently resolved and still impeding the achievement of all the goals set for the persons who are authorized to manage these special zones. Some risks of non-eliminating the identified problems, specific to “special economic zones”, may affect the final effectiveness of the “territories of advancing development” are also supposed by the article. The last mentioned ones are now entrusted with the main expectations associated not only with whole economic growth, but with policy of deoffshorization, in the author»s opinion.
THE IMPORTANCE OF THE PRINCIPLE OF INDEXING THE SIZE OF SOCIAL SECURITY IN THE MECHANISM OF LEGAL REGULATION
Author: Medvedev, Andrey Valeryevitch
Keywords: principle, principle of law, social work, social welfare, social security law, indexing
this article examines the importance of the principle of indexing the size of social security in the mechanism of legal regulation, including law-making activities (at the level adopted and existing laws and regulations). In this example, the author»s vision of a system of branch principles of social security law the analysis of the influence of the studied fundamental principles enshrined in the results of the content of the relevant normative acts in social security sphere. The article focuses on problematic aspects of positive legislation taking into account the effects of branch principles of law.
SOME PROBLEMS OF REALIZATION OF MEASURES OF SOCIAL SUPPORT OF VETERANS IN THE RUSSIAN FEDERATION
Author: Khabibulin, Ruslan Raifovich
Keywords: measures of social support, veterans, social security, cash payments
the article discusses the problems associated with legal regulation of granting of measures of social support to veterans in the Russian Federation, provides examples of judicial practice on disputes connected with failures in the provision of social support measures and formulates proposals for improving the legislation of the Russian Federation in this sphere.
INTERDEPARTMENTAL INTERACTION AT INVESTIGATION OF CRIMES OF A TERRORIST ORIENTATION
Authors: Shkhagapsoyev, Zaurbi Lelovich; Tutukov, Albert Y
Keywords: terrorism, operational-investigations group, interaction, investigation
For the purposes of disclosure of large-scale terrorist attacks, which have caused great public interest, created operational headquarters, led by one of the heads of law enforcement agencies, as well as a working group of staff that deals with collecting, organizing, summarizing information from all the interacting structures, adjusting the guidelines and instructions of staff to the performers and further control over their implementation.
Investigation of terrorist crimes should be carried out under conditions of interaction of the main law enforcement bodies, whose task is to fight against terrorism. The article presents some theoretical aspects of inter-agency cooperation in the investigation of this type of crime.
THE FACTORS DETERMINING DEVELOPMENT OF TEENAGE CRIME
Authors: Shkhagapsoyev, Zaurbi Lelovich; Tutukov, Albert Y
Keywords: minors, crime, prevention, social values
The crimes committed by minors constitute 20% of a total quantity of crimes that testifies to need of carrying out active policy on prevention and prevention of teenage crime. However success of these activities is impossible without explanation of the reasons promoting development of a youthful crime.
STRUCTURAL ISSUES OF INTERACTION UNDER COUNTER EXTREMIST CRIMES
Authors: Aripshev, Ahmed Mukhamedovich; Tsrimov, Amir Amuzedovich
Keywords: extremism, terrorism, law enforcement, security state
The law punishes any act that contain calls for illegal actions, any acts related to the spread of extremist materials or explicitly their manufacturer. Recognized extremist materials are materials that are intended for the masses of people that contain data or any information provocative — calls for extremist or terrorist activities or condone this type of activity, supporting and expressing sympathy for this kind of activity. Federal Law ¹114 condemns references and citations of works that promote ideas of Nazism and fascism, the distribution of literature and Nazi fascist. Federal law prohibits the dissemination of ideas and theories of superiority or exclusivity of one nation over another. Criticized by the military and other crimes, pursuing the goal of complete or partial destruction of groups of people on the basis of affiliation to a particular ethnic group, nation, race or religion. This federal law there are legal definitions of key concepts related extremism: an extremist organization, the symbolism of extremist organizations and extremist materials. The concept of «symbols of the extremist organization» was made in the Act as a result of changes made in its new edition of December 25, 2012. The concept of ideology of extremism is not displayed, but the text of the law is a lot of material directly related to the ideological component.
Any major ideological trend in most cases poses a solution to political problems. Wahhabism is not an exception. The pillars of this doctrine is the ideological aspect (actual ideology) and the political aspect (the actual policy).
POLITICAL CORRUPTION: SOME ASPECTS OF THE ANTI-CORRUPTION ACTIVITIES, CONCEPTS AND LATENT DETERMINANTS IN KYRGYZSTAN
Authors: Atabekov, Kairat Kulbakovich; Kakeshov, Bakyt Dayrabayevich
Keywords: corruption, political corruption, concepts, definitions, analysis, legislation, latent determinants, anti-corruption activities
The purpose of this paper is to describe some aspects of the concepts of one of the types of corruption — political corruption. The author cites the relevant concepts and formulated its definition from the point of view of jurisprudence. Revealed and analyzed the characteristics of latent determinants of political corruption, to some extent, covered anti-corruption activities of the bodies of the national security of Kyrgyzstan.
The research materials may be use full to law enforcement officials, carrying out work on Preventing Corruption, as well as the wide range of people interested in the problems of corruption.
TO THE QUESTION ABOUT THE CONCEPT OF THE INSTITUTE OF PAROLE FROM SERVING A SENTENCE
Authors: Belyakov, Alexey V; Ðaçîâa, Aíía Âañèëüeâía
Keywords: the purpose, objectives, and the concept of the institute of parole, correction of the convict, to the promotion of law-abiding behavior, resocialization
this article defines the purpose and objectives of the institute of parole are considered previously proposed by his concepts and formulate new.
CRIMINAL RESPONSIBILITY: IMPLEMENTATION OF FORMS AND THEIR SPECIES
Author: Dvoretskiy, Mikhail
Keywords: criminal-law relationship and the consequences, regulatory mechanism, implementation of criminal liability, the direction of improving the legislative form of criminal liability and criminal liability of their species, concept, ordering punishments, Preventive effect of the penal system, compulsory labor, correctional work, restriction on military service, deprivation of special, military or honorary title, class rank and state awards, Preventive effects of types of penalties in the context of their effectiveness
In the present publication addresses the legislative direction of improving the implementation of certain types of forms of criminal responsibility. The article deals with the most pressing problems of the efficiency of the criminal liability of its forms and types, including related to the genesis of the national traditions of criminal law, the peculiarities of their destination, the execution and clearing of them. In the present publication addresses the criminal legal relations and implications for the mechanism of legal regulation and the implementation of justice. The subject of journalistic research supports the complex theoretical and practical problems of criminal responsibility, its concept, the base, the system forms, species, their implementation and effectiveness in the domestic criminal law theory, modern legislation and law enforcement practice.
REFORMING CRIMINAL LEGISLATION ON THE LIABILITY FOR CRIMES IN THE SPHERE OF INSOLVENCY (BANKRUPTCY)
Author: Korennaya, Anna Anatolievna
Keywords: criminal responsibility, crimes in the sphere of economic activity, insolvency, bankruptcy
The article provides a comprehensive analysis of the system of crimes in the field of insolvency (bankruptcy) in the current version of the criminal law. The problems of correlation of administrative, criminal and special civil liability of subjects under insolvency (bankruptcy) of legal and physical persons are investigated. The article also discusses the delineation of special «bankrupt» crime trains from «common» trains that criminalize crimes in the sphere of economic activity, from various types of fraud. Proposals on the concept of reforming the legislation are based, inter alia, on the position set forth in Decree of the Plenum of the Supreme Court of the Russian Federation No. 48 of 15.11.2016. «On the practice of courts applying legislation that regulates the specifics of criminal liability for crimes in the sphere of entrepreneurial and other economic activities».
ACTUAL PROBLEMS OF STRUGGLE AGAINST RELIGIOUS EXTREMISM
Authors: Kochesokova, Zalina Hazratalievna; Mashekuasheva, Margarita Hasanbievna
Keywords: religious extremism, terrorism, the essence of religious extremism, the causes of extremism, methods of combating religious extremism
In this article the author analyzes the factors of occurrence and spread of religious extremism in society. It reveals the essence of the concept of religious extremism. Particular attention is paid to the problems of counteraction to religious extremism on the part of law enforcement. Religious extremism must be considered strongly motivated, veiled by religious dogmas only activities aimed at violent change of the existing state system, violent seizure of power, violation of the sovereignty and territorial integrity of the state. It also aims at inciting ethnic hatred and religious hatred, one of the priority objectives of which is the desire to replace the existing legislation by the laws and canons of Islam with the construction of an Islamic state in the long term. According to most scientists and experts, religious extremism does not accept the possibility of negotiating, as the essence of it is, the use of force and intolerance of dissent. The followers of different religious extremism extreme intolerance toward those who do not share their views, including co-religionists. For them there are no rules, acceptable and unacceptable limits.
PROBLEMS OF FIGHT AGAINST EXTREMISM
Author: Kumysheva, Marina K
Keywords: extremism, counteraction to extremism, international relations, social networks
Proper understanding of the nature of extremist activity is important for an effective response to this phenomenon, as well as to assess the degree of the threat contained in it, and determine ways to counteract it. Efficient counteraction to extremism requires the latest legal developments, confirmed the law enforcement practice, taking into account the operational environment of the forecast, as well as the prevailing socio-cultural traditions of the Russian society.
This article discusses one of the most urgent problems of modern society — extremism. The author highlights the most common in his view the problems arising in the course of the struggle with radical destructive phenomena.
SOME ASPECTS OF THE LIABILITY FOR KNOWINGLY FALSE INFORMATION ABOUT A TERRORIST ACT
Authors: Kumysheva, Marina K; Toldieva, Alina A
Keywords: terrorism, knowingly false report, law enforcement, responsibility, crime, crime
An analysis from a legal point of view such an action as a deliberately false report about an act of terrorism and terrorist acts in the form of threats must contain structural and detailed disclosure features inherent in this action, to later consider their actions under Articles 207 and 205 of the Criminal Code.
The article discusses some aspects of prosecution practice of art. 207 of the Criminal Code. The author notes that the tightening of liability for knowingly false information about a terrorist act, the active work of law enforcement agencies to identify offenders, helped to reduce the level of crime in this area.
DEFECTS OF FAMILY EDUCATION IN DETERMINATION OF CRIMINALITY OF MINORS
Author: Pakaev, Alexander O
Keywords: defects of family education, criminal behavior, early prevention, family
The article examines the defects of family education as one of the socio-psychological factors determining the formation of criminal behavior of minors, emphasizes the role of parents in creating a healthy awareness of children and how the conditions of formation of such consciousness is called high moral level, the absence of selfishness and self-centeredness, the sequence of family education.
DETERMINANTS OF CRIME AMONG STUDENTS OF EDUCATIONAL INSTITUTIONS
Authors: Pakaev, Alexander O; Danelyan, Rita Surenovna
Keywords: Determinants of crime, crime, crime and anticriminelle factors, education, educational institution, family
The article considers the problem of determination of crime of students of educational institutions, determine the range of causes of its occurrence. In the context of the problem under study also considered the negative factors responsible for poor quality education in an educational environment, attention is drawn to the separate areas of prevention activities.
SYSTEM OF PUNISHMENT IN IMPLEMENTATION OF WARNING EFFECTS
Author: Stromov, Vladimir Yuryevich
Keywords: types of punishment, fine, Forced labor, Correctional labor, Implementation efficiency, Other measures of a criminally-legal nature, Not the optimality of forms of criminal responsibility, The Criminal Code of the Russian Federation, The optimality of the domestic system of punishment, The effectiveness of the domestic system of punishment, Problems of criminal law theory and law enforcement practice
The author analyzes the domestic penal system, in the context of effective implementation of criminal liability, which is today one of the most representative in its scope and most differentiated among national criminal laws. The publisher makes sound conclusions that while this system is not optimally realizable and in fact is ineffective. The article analyzes the reasons for the current situation and suggests the directions for its legislative settlement.
THE SOFTENING CIRCUMSTANCES IN THE CRIMINAL LEGISLATION OF CERTAIN FOREIGN COUNTRIES (HOLLAND, AUSTRIA, DENMARK, SWEDEN, JAPAN, AUSTRALIA, GERMANY)
Author: Tasakov, Vladimir Sergeevich
Keywords: penal law, criminal case, mitigation of a criminal responsibility, mitigation of criminal sanction, the softening circumstances, criminal law, punishment, humanity, liberalization, criminal policy, crime, punishment, criminal case
The article compared the mitigating circumstances on the Russian criminal law and the laws of certain foreign countries. In the current study, the author shows the ratio of foreign lawmakers to the factors influencing the easing of criminal responsibility in comparison with the similar approaches of the Russian legislator. The article established the advantage of the legal regulations of the Russian criminal legislation in the sphere of regulation of mitigating factors in criminal law. In the course of the study concluded that the Russian criminal law and criminal law in the modern period sufficiently regulates legal relations related to the application of mitigating circumstances in judicial practice. This state legislative and enforcement gives law enforcement and judicial authorities with sufficient authority in the implementation of criminal policy, in particular, liberalization and humanization of her independent ways.
STRUCTURE OF CATEGORY «SAFETY OF PENAL SYSTEM»
Author: Useev, Renat Zinurovich
Keywords: safety, safety of penal system, penal system
This article is devoted to a research of category «Safety of a Penal System». There was a particular purpose: to research absence reasons in science and the legislation of the concept «safety», to install structural components of the concept «safety», on the basis of the analysis of various interpretations of category «safety» to develop the independent term «Safety of a Penal System».
The methodological basis of studying of category «Safety of a Penal System» was constituted: general scientific methods of knowledge (dialectic, system, logical), chastnonauchny methods: comparative and legal, sociological, method of the analysis, synthesis, induction, deduction and analogy.
The author offers independent category «Safety of a Penal System». Results of work and the category this by the author can be applied in a research and studying of safety issues (safety) of a penal system, rule-making work (laws and bylaws) and practice.
TERMS IN THE CRIMINAL PROCESS
Author: Kaats, Maria Evaldovna
Keywords: criminal procedure terms, the calculation prophets of criminal proceedings
the article is devoted to problems of calculation of terms of the domestic criminal proceedings. Analyzes the theoretical as well as normative and practical issues, as reflected in article 128 of the code of criminal procedure. Resulting in suggestions to improve the existing legislation in regulating private right-time funds in the criminal process.
PROBLEMS OF LEGISLATIVE REGULATION OF PROCEDURE OF PARTICIPANTS UNDER INSTITUTE CRIMINAL PROCEEDINGS
Author: Yanovskiy, Roman Sergeevich
Keywords: pre-trial proceedings, the stage of a criminal case, investigation verification, the applicant, information about a crime
Criminal trial on a crime begins with verification of the message on it, at the same time various persons whose position is properly not regulated by the provisions of the law are involved in the mechanism of the criminal procedure relations.
Object of research — the standards of the criminal procedure legislation regulating the procedural status of participants of legal proceedings of a stage of initiation of legal proceedings, and also special literature, materials of court and investigative practice. The purpose of writing of work is definition of procedural position of participants of criminal procedure of a stage of initiation of legal proceedings. The methodological basis of work is based on a general scientific method of knowledge. For completeness and comprehensiveness of a research logiko-legal, comparative and legal, concrete and sociological and statistical methods of knowledge are also used. Results of work are: establishment of a circle of participants of criminal procedure of a stage of initiation of legal proceedings; determination of the rights and duties of participants of criminal procedure of a stage of initiation of legal proceedings; development of suggestions for improvement of the existing criminal procedure legislation.
Article can be used for further scientific research on a work subject, and also practical employees of law enforcement agencies for professional development.
ESSENCE AND DESTRUCTIVE ASPECTS OF EXTREMISM
Author: Bzhiev, Roman Borisovich
Keywords: terrorism, extremism, public safety, youth associations
Background presented article is not in doubt. Today, even the definition of extremism and terrorism is uncertain today. As a rule, not all political and religious activities fall within the scope of extremist.
Extremism, by definition, is any activity of representatives of radical trends in the media and attacks aimed at maintaining an open and justification of violence on the territory of the Russian Federation.
The law punishes any act that contain calls for illegal actions, any acts related to the spread of extremist materials or explicitly their manufacturer.
Recognized extremist materials are materials that are intended for the masses of people that contain data or any information provocative — calls for extremist or terrorist activities or condone this type of activity, supporting and expressing sympathy for this kind of activity.
TO THE QUESTION OF SOME LEGISLATIVE INNOVATIONS IN THE FIELD OF ENSURING COMPULSORY PERFORMANCE OF JUDICIAL ACTS BY SERVICE OF COURT BAILIFFS
Author: Molochkov, Andrey Aleksandrovich
Keywords: rule of law, guarantees the rights and freedoms, the court enforcement proceedings
This article discusses some features of the enforcement of judicial acts and acts of other bodies and officials. An attempt was made to identify the reasons for the growth of quantitative indicators of judicial decisions executed by force, as well as outline some measures aimed at improving the efficiency of enforcement proceedings, including the improvement of the legal support of the bailiffs. The findings clearly confirmed by statistical data and examples of legal practice.
ABOUT SOME URGENT PROBLEMS OF MEDICAL ATTENDANCE OF EMPLOYEES LAW-ENFORCEMENT BODIES OF THE MINISTRY OF INTERNAL AFFAIRS OF RUSSIA
Author: Nefedov, Alexey Vladimirovich
Keywords: medical support of staff of law-enforcement bodies, medical care, social guarantees of staff of Department of Internal Affairs
The article considers the legal regulation and organization of medical service of personnel of the Ministry of Internal Affairs of Russia, as well as a number of problematic issues concerning the practice of medical services.
SOME ASPECTS OF PREVENTING CRIMES OF RELIGIOUS AND EXTREMIST DIRECTIONS
Author: Tengizova, Jeanne A
Keywords: religious extremism, terrorism, the essence of religious extremism, the causes of extremism, methods of combating religious extremism
In this article the author analyzes the factors of occurrence and spread of religious extremism in society. It reveals the essence of the concept of religious extremism. Particular attention is paid to the problems of counteraction to religious extremism.
Religious extremism is considered to be well-motivated, usually veiled by religious dogmas activities aimed radical groups seeking to forcibly change the existing political system, to seize power, to encroach on the sovereignty and territorial integrity of the state.
Extremist slogans aimed at inciting ethnic hatred and religious hatred, whose ultimate goal is the desire to replace the existing legislation by the laws of Islam, and, ideally, to build an Islamic state.
According to most scientists and experts studying the issue of religious extremism did not accept the possibility of negotiating, in view of the fact that the essence of this activity is the use of force and extreme intolerance of dissent.
FUNDAMENTALS CRIMINALISTIC CHARACTERISTIC OF ORGANIZED CRIMINAL ACTIVITY IN THE FIELD OF INSURANCE (IN THE EXAMPLE OF CAR INSURANCE)
Authors: Borovskikh, Roman Nikolaevich; Bakunov, Dmitry Nikolaevich
Keywords: car insurance, motor insurance fraud, criminalistics characteristic, organized crime activities
In the article considers the problem of organized crime activities in the field of motor insurance. The authors, based on a study of the judicial and investigative practice, examines aspects of criminalistics characteristic of organized criminal activities, related to motor insurance fraud, formulates main directions of Forensic study of these crimes.
PREVENTION INVESTIGATOR: FORENSIC ASPECT
Authors: Brusenzeva, Vasilina Anatolievna; Makeeva, Inna Vladimirovna
Keywords: crime prevention, prevention activities of the investigator, crimes against sexual inviolability of minors, prevention of crimes, methods of crime prevention
the paper deals with certain aspects of the preventive activities of the investigator, encountered in the process of investigation of crimes against sexual inviolability of minors. A special position within the framework of criminalistic prevention of crimes against sexual inviolability of minors, is a submission to the investigator about the taking action to eliminate the causes and conditions of committing of these crimes. The main causes and conditions of committing crimes against sexual inviolability of minors should be considered: 1) the improper performance by parents or persons in Loco parentis of their duties in the upbringing and supervision of children; 2) support or indifferent attitude of parents (guardians, Trustees) to anti-social tendencies of children and their involvement in antisocial behavior; 3) lack of effective work of state bodies or officials exercising supervision over a minor; 4) individual psychological characteristics of minors.
SOME ASPECTS OF ADOPTION CASES IN THE CIVIL PROCESS
Author: Yamashkina, Marina Vyacheslavovna
Keywords: civil process, evidence, the adoption of the child, secrecy of adoption, interests of a child
The article is devoted to the adoption of the child at the present time, which occurs within the framework of the civil process in special production. The purpose of the work is to show the features of adoption. The method of work is the analysis of the adoption procedure in the vision of the current legislation of the Russian Federation. As a result, it was clarified that the proceedings are held in a closed court session with the participation of persons who are expressly provided for in the procedural law. It also provides for the provision of evidence, drawing up conclusions by the guardianship and trusteeship authority, the prosecutor. The whole procedure is based on the interests of the adopted child. The results can be used in the educational process to characterize cases of special production, as well as in the work of specialists in the field of jurisprudence. Thus, the cases of adoption of a child are very important for the full and harmonious development of an emerging personality.