Âåðñèÿ íà ðóññêîì ÿçûêå
The full text of the journal
JUDICIAL PROTECTION OF THE RIGHTS OF MIGRANTS
Author: Zagorulko, Nikolay
Keywords: Court, right, migrant, case, foreign citizens, stateless person
The article investigates the role of the judiciary in the Russian Federation in the protection of the rights and freedoms of persons who do not have Russian citizenship. Analyzes the problem of judicial education who examine the migrants cases. Examines the international experience of creation of specialised immigration courts.
Methods. The methodological base of this study is synergetic approach which used to investigate the process of judicial protection of rights and lawful interests of foreign citizens and stateless person as consisting of a large number of parts and components (stages) that interact with each other and giving in the course of their interaction synergistic effect. During the work were also used in the academic literature, methods and approaches: formal-legal method, comparative legal approach; the methods used in other sciences: sociological and statistical methods.
Conclusion. Analysis of the Russian substantive and procedural law allows to say that today is often only the court is able and with sufficient authority to fully protect the rights and interests of migrant. At the present time raised the issue of revising the judicial system of the Russian Federation in part of creation in its special «migration courts», or granting a particular category of judges with exclusive jurisdiction over cases with participation of foreign citizens and stateless person.
CIVIL WAR 1861-1865 AS A REVOLUTION (THE VIEW OF HIS CONTEMPORARIES)
Author: Muhametshin, Faim Basitovich
Keywords: African American, USA, revolution, contemporaries, slaves, legal status, legislation, civil war, reconstruction, the legal system, law, women, North, South
In the article the author argues that the events of 1861-1865., referred to in most sources of scientific literature «civil war» quite naturally be considered «socio-economic revolution». In this article the author explores the view of his contemporaries on the nature of these events, confirming this thesis about the revolutionary nature of state legal changes in the USA 1861-1865.
• The subject of the study — public legal entity of 1861-1865 the United States 1861-1865., views of contemporaries of the events.
• The purpose of the study is to determine the true nature of the events of 1861-1865 in the United States on the basis of the study of the perception of the contemporaries of state-legal phenomena that took place during this period.
• Method or methodology of work was as follows: the universal method of cognition — materialist dialectics; General scientific methods of deduction and induction, analysis and synthesis, historical and logical; methods — logical-formal.
• The results can be useful for the theory of state and law of foreign countries;
• The scope of the results: applications in the academic literature and in the classroom on the history of foreign countries;
Findings: Civil war only partially overthrew the existing social and political system in the South, as well as not fully was destroyed by the former regime in the result of the English revolution of the 1640»s and the French revolution of 1790-ies. However, traditionally none of the scientists do not deny the revolutionary essence of these events in English and French history. And we believe that the events of the 1860s in the United States of America also reasonably be called a revolution.
PECULIARITIES OF PARTICIPATION OF DEFENDER IN CRIMINAL PROCEEDINGS
Author: Kharzinova, Violeta Mukhamedinovna
Keywords: protector, identity protection, legal assistance, due process, the adversarial principle, the conviction of the guilty suspect, the accused
In the article the peculiarities of the participation of counsel in criminal proceedings. Forms and types of protection during criminal proceedings. The procedure for determining the admissibility of forms of protection in the process in a criminal case.
ORGANIZATIONAL BASES OF COUNTERACTION TO MANIFESTATIONS OF RADICAL RELIGIOUS FUNDAMENTALISM
Author: Shamaev, Arthur Muradinovich
Keywords: radical religious fundamentalism, extremism, terrorism, resistance, tolerance, civil society, institutional, and educational work, Islamization, destructive ideas, immigrant, advocacy, values
the article is devoted to the spread of religious fundamentalism — one of the most important international problems at the present stage. Significant expansion of geography and the spread of destructive Islamist ideas confronts the world community and law enforcement is even more challenging than the previous stages of the fight against crime. At present, the contradictions and conflicts arising out of religious extremism, can have disastrous consequences. They represent the next challenge for civilization, which is necessary to respond adequately. Without dismissing the need to counter the spread of religious extremism and terrorism in the legal plane, the author focuses on the need to engage with all institutions of civil society, including representatives of religious denominations with the aim of developing tolerant attitudes in consciousness and behavior of people in conditions of peace and religious tolerance.
LAND USE ISSUES IN THE RUSSIAN CONSTITUTIONAL TRADITION
Author: Vlasova, Alina V
Keywords: Ñonstitutionalism, land use, land ownership, the Constitution of the USSR, the Constitution of the Russian Federation, labor» as a land use principle, the land problem
The existing constitutional and legal tradition can provide a stabilizing effect not only for law, but also in the sphere of social relations, revealing the potential not so much of the Constitution itself as of the relations and worldview of the people it forms. The priority of exclusively sources of normative material forms in the legal regulation orientation and even dependence on the current legislation at the moment, however, the adoption of the «new law», often does not solve the problem, and unfulfilled expectations nourish legal pessimism. Constitutional thinking, derived from the constitutional tradition, does not allow us to narrow the assessment of the need for legal impact to the framework of continuous updating of legislation. In the sphere of land relations, the four Soviet constitutions, forming both a legal order, a way of life and even a «legal creed,» formed worldview principles, laying a solid foundation for understanding the land as solely state property, whereas the idea of private ownership of land in Russia, at least, In the last century, were perceived in a range from direct negation to cautious skepticism. The first Constitution of Russia, in order to be effective, had to be based on a system of stable skills of legal behavior related to national archetypes, which corresponded to the constitutional tradition. At the same time, in relation to land relations, the 1993 Constitution of the Russian Federation has largely broken with the constitutional and legal tradition, the formation of which was laid down by the first Russian constitution of 1918. At the same time, it retained a certain continuity with the 1977 Constitution of the USSR, which will be discussed in this article.
PARTICIPATION OF BODIES OF STATE POWER OF SUBJECTS OF THE RUSSIAN FEDERATION IN THE PROCEDURE OF ACCOUNTABILITY OF LOCAL AUTHORITIES
Authors: Kravtsova, Elena Aleksandrovna; Maksimenko, Alexandr Wladimirovich; Shalaykin, Ruslan Nikolaevich
Keywords: constitutional law, municipal law, the highest official of the RF subject, head of local government, representative body of local self-govern-ment, responsibility of local governments
Federal law «On General principles of organization of local self-government in the Russian Federation» specifies the powers of public authorities of subjects of the Russian Federation in the sphere of local government, including participation in the procedure for the dissolution of the representative body of local self-government, sending in his resignation and removal from office of heads of local self-government. The article analyzes the norms mentioned above, identifies their shortcomings and propose ways of overcoming them.
MALAYSIA’S LAW ON ISLAMIC FINANCIAL SERVICES 2013
Author: Ermakova, Elena P
Keywords: Malaysian law, financial system, Islamic banking, sukuk, Islamic financial services law, Islamic financial services, Islamic banks
The article outlines the main provisions of the new Malaysian Law on Islamic Financial Services in 2013, identifies the role of the Central Bank of Malaysia — Bank Negara Malaysia — as the main regulator of Islamic financial services, identifies the authority of the National Advisory Council of Sharia as an effective oversight body for compliance with Sharia norms by financial institutions of Malaysia.
In Art. 138.2 of the Law on Islamic Financial Services, 2013, specifies that disputes in the sphere of Islamic finance should be considered according to the «Financial Ombudsman Scheme» («FOS»). The scheme of the financial ombudsman is approved by the Negara Bank of Malaysia. The FOS scheme operates in Malaysia on October 1, 2016. All Islamic financial institutions operating in Malaysia are members of the FOS.
In accordance with the norms of the Law of 2013, the leaders of Islamic financial institutions that violated the norms of the Shariah can be sentenced to imprisonment for up to eight (8) years and / or a fine of up to 25 million RW.
ALTERNATIVE WAYS TO RESOLVE FINANCIAL DISPUTES IN SINGAPORE
Author: Ivanovskaya, Natalia Vladimirovna
Keywords: Singapore law, mediation in Singapore, alternative dispute resolution methods, FIDReC
The article contains the provisions of the Bill of Mediation of Singapore in 2016, the characteristics of the main center of Singapore on the alternative resolution of financial disputes between consumers and financial services providers — FIDReC.
In Singapore in 2014, the Singapore International Mediation Center was launched, the center is focused on resolving international commercial disputes.
The FIDReC Center started its work in 2005. As of June 2016, FIDReC has reviewed 8,300 disputes between consumers and financial institutions. The members of the Center are 533 financial institutions of Singapore: banks, financial companies, life insurance companies, etc.
The Government of Singapore is making significant efforts to promote alternative ways of resolving disputes, which is reflected both in the adoption of new legislation and in the establishment of new ADR centers. Considering the support of the government of the country and the already existing infrastructure, Singapore has the opportunity to article the world mediation center in the future.
LEGAL REGULATION OF THE FINANCIAL SYSTEM OF MALAYSIA: THE NEW LAWS OF 2013
Author: Protopopova, Olga V
Keywords: Malaysian law, financial system, banking regulator, financial services law, Islamic financial services, Negara Bank Malaysia, Islamic banks, The consumer of financial services, the Consultative Council of Sharia
The article provides an overview of the leading banking regulators of the financial system of Malaysia, in particular — the Central Bank of the country — Bank Negara Malaysia, describes the powers of the Sharia Consultative Council, studied new regulations of Malaysia — the Financial Services Act 2013, the Islamic Financial Services Act 2013 In
The special role belonging to the Central Bank of Malaysia as a single regulator of the activities of traditional and Islamic financial institutions was investigated. The laws on financial services include, among other things, criminal liability of banking institutions for violating the provisions of the law. The concept of a crime committed by a banking institution is defined, which is associated with the actions of certain officials of such institutions. These are directors, officials and persons involved in planning, coordinating, directing or deciding a banking institution.
RESOLUTION OF FINANCIAL DISPUTES AUSTRALIAN CENTER FOR INTERNATIONAL COMMERCIAL ARBITRATION (ACICA)
Author: Rusakova, Ekaterina Petrovna
Keywords: The law of Australia, international commercial arbitration, financial disputes, the law on international commercial arbitration, the ACICA Center, the ACICA Arbitration Rules
The article provides an overview of Australia»s legislation in the field of resolving financial disputes by international and domestic arbitration: the Australian Arbitration Law of 1974 in Ed. 2011, of the Uniform Law of Australia on Commercial Arbitration in 2010. Both laws are based on the UNCITRAL Model Law on International Commercial Arbitration of 1986, as amended in 2006. The article also discusses the provisions of the Australian Civil Settlement Dispute Resolution Act of 2011, Documents of the Australian Center for International Commercial Arbitration ACICA (Arbitration Rules ACICA 2016). The ACICA Center, established in 1985, is currently Australia»s principal institution for the settlement of international disputes. The regulations of the Center are regularly reviewed in order to comply with the best international experience in conducting arbitration and mediation. Based on the judicial precedents of Australia, the question of the arbitrability of financial disputes has been investigated.
THE NEW ARBITRATION RULES OF 2017 OF THE REGIONAL ARBITRATION CENTER OF KUALA LUMPUR (MALAYSIA)
Author: Sitkareva, Elena Vitalievna
Keywords: Malaysian law, arbitration in Malaysia, Kuala Lumpur Regional Arbitration Center, Arbitration Rules of 2017
The article describes the Arbitration Rules of 2017 of the Regional Arbitration Center of Kuala Lumpur, the Report on the activities of the KLRCA Center for 2016. The 2017 Rules are a set of new and improved arbitration rules designed to significantly improve the effectiveness and quality of arbitral awards administered by KLRCA.
The main changes to the Arbitration Rules are as follows: 1) The Regulations to the Regulations are included in the Regulations (The guide to the KLRCA Rules); 2) included a new model arbitration clause and a model agreement on compliance with the KLRCA Rules; 3) the Regulations fix the provision on the challenge of arbitrators; The director of the KLRCA Center should now indicate the reasons for his decisions on the challenge of the arbitrators, which will ensure greater transparency in the provisions of the Rules; 4) the powers of the Arbitral Tribunal were enlarged to establish facts relevant to the resolution of the case; 5) a provision was made on the possibility of additional parties joining; and etc.
THE CONCEPT OF FINANCIAL DISPUTE IN ACCORDANCE WITH THE PROVISIONS OF THE NEW ZEALAND FINANCIAL SERVICE PROVIDERS ACT 2008 (AS AMENDED IN 2014)
Author: Frolova, Evgenia Evgenievna
Keywords: New Zealand law, financial disputes, financial services providers, Insurance & Financial Services Ombudsman, Banking Ombudsman
The article explored the provisions of the New Zealand Financial Service Providers Act of 2008 (as amended in 2014), formulated the concept of a financial dispute, named types of financial services, outlined schemes for resolving financial disputes, outlined the main steps in the scheme for resolving financial disputes. According to the provisions of the Law of 2008, a financial dispute is a dispute between suppliers and consumers of financial services regarding the provision of services listed in Article 5 of the said law. The FSPA Law of 2008 established four schemes for resolving disputes between suppliers and consumers of financial services: 1), Banking Ombudsman; 2) Insurance & Financial Services Ombudsman; 3) The company «Financial Complaints Ltd»; 4) Alternative resolution of financial disputes. Each financial service provider (Individuals or legal entity) is required to register with the Register of Financial Service Providers (FSPR), and also to become a member of one of four alternative dispute resolution schemes.
THE EXTRA VACATIONS TO THE EMPLOYEE»S OF LOGGING INDUSTRY
Author: Alekseeva, Lyudmila Vasilevna
Keywords: additional vacation, harmful (dangerous) working conditions, legal regulation, local regulation, collective agreement, logging (harvesting), labor protection
For workers in the logging industry — individuals who are directly em-ployed in a technological process of logging operations — in the Soviet period was provided for the provision of a number of leave in connection with heavy, harmful and dangerous working conditions in the lumber camps. The work of the loggers (with the exception of operators of modern forestry machinery — harvesters and forwarders) is characterized by large physical exercise, exposure to cold temperatures and other harmful factors (noise, vibration, contaminants). Therefore, workers of logging was granted additional leave in connection with harmful working conditions and additional leave of 24 days over three years.
Currently, the Labor code establishes only the minimum amount of compensations for work in harmful and (or) dangerous working conditions. The amount of such compensations depending on the class of working conditions should be established by the standards of sectoral agreements, collective agreements, labor contracts or local regulations of the employer. The article discusses the need for a centralized legal regulation providing for such compensations and a mechanism for determining the amount of compensations depending on the class of working conditions.
The legislator, establishing the priority of the local regulation, refers to the economic situation and the need for the development of social partnership. But in practice (the author of the article makes conclusions on materials of the enterprises of logging activities), development of social partnership is not happening, the workers are set by collective agreements, employment contracts, local acts of the employers in most cases only the minimum allowable sizes of vacations and other guarantees. Reference to the economic situation means that the legislation explicitly says the priority is the profit of the owner of the logging company, not the health of workers. This situation is unacceptable, especially in a state, in the Constitution of which it is named “social”.
The article also discusses additional leave of 24 days over three years. Currently, the Labour code does not provide for vacation of this kind. This is possible only in the case when the Labour code has rules about the features of labor regulation certain categories of workers. Unlike previous legislation, the Labour code does not provide these features for logging employees.
The work concludes that after the adoption of Labor code has been a significant decline guarantees the right of workers to rest in comparison with the Soviet period. Particularly badly «hit» the right to vacation of logging employees. It is proposed to restore the legal regulation of labor of logging employees, replacing not formally invalid, but not actually applicable industry acts by the new regulations introduced by the author.
SPECIFICS OF VALUATION CONCEPTS IN SOCIAL SECURITY LAW
Author: Astaeva, Marina
Keywords: Social Security Law, estimates the notion of the right, estimates the notion of the right of social securit
This article is devoted evaluation concept in social security law, the definition of “evaluation of the concept”. The article reveals the term “evaluation of the concept” of how and why the concept of evaluation appear in the legislation. The author studied the question of whether evaluation concepts and how to apply them in practice, it is possible to exclude from the evaluation of the concept of the legislation in whole or in part. The author has gives contemporary definition of “evaluation of the concept” examples of valuation concepts of social security law, what identified in the legislation. In the article the author focuses on the evaluation of such concepts as “seniority”, “pension funds”, “invalid”, “poverty”, “professional production adaptation”, “order of raising children at home”, “the substitute of parents” “evading upbringing children”, “family members”. The author concludes that it is necessary to take action to improve the legislation in order to minimize the use of existing legislation evaluative concepts.
INDEPENDENT EVALUATION OF QUALIFICATIONS: THE CONCEPT AND DIFFERENCE FROM THE CERTIFICATION OF EMPLOYEES
Author: Egoshina, Lyubov Alexandrovna
Keywords: employee, qualification, certification, independent qualification assessment, Assessment centers
In the article questions about correlation of attestation and independent evaluation of qualification are investigated. The legal nature of independent assessment of qualifications carried out by specially created organizations is considered. It is concluded that the relationship of the employer, employee and organization performing an independent qualification assessment goes beyond the scope of the relations regulated by the labor legislation, as well as proposes to improve the legislation regulating the certification of employees and an independent assessment of qualifications.
THE LEGITIMATE INTERESTS OF THE EMPLOYEE AND THE EMPLOYER IN LABOR LAW
Author: Protopopova, Irina
Keywords: legitimate interests, the interests of the employee and the employer, the balance of interests in labour law, objectives of labour legislation
The article is devoted to the ratio of the legitimate interests of the employee and the employer in labor law. Given the definition of the category «balance of interests» in labor law. Defines the role of the state in balancing the legitimate interests of the parties to the employment contract. The author conducted a compara-tive analysis of legal norms regulating relations on the conclusion and change of the employment contract and reveal their imperfections from the point of view of coordination of interests of the parties to the employment contract and the interests of the state. The state is determined as the guarantor of the incentives of the parties to the employment relationship to achieve balance of legal interests.
MODERN TERRORISM: CONCEPT, ESSENCE AND KINDS
Author: Akhmedov, Milayyl Nasreddin ogli
Keywords: terrorism, crime, terrorist act, genocide, the concept of terrorism, intimidation, the history of terrorism
This article is devoted to the notion of terrorism, the problem of the qualification of this international crime. The process of evolution of terrorism, the purpose of terrorist activity is considered. Signs of terrorism are identified on the basis of its history, and also on the basis of the provisions enshrined in the current legislation of various states. The problem of the absence of the generally accepted definition of the concept of «terrorism» is consecrated, an author»s definition of this concept is proposed on the basis of the selected features.
CRIMINALLY-LEGAL CHARACTERISTIC OF HOOLIGAN MOTIVES AS AGGRAVATING CIRCUMSTANCE OF CRIMES
Authors: Grishin, Denis Aleksandrovich; Balashova, Yuliya Viktorovna
Keywords: hooliganism, hooligan motives
To date, the criminal code contains many offences connected with hooliganism. So, in one case, bullying appears in the criminal-legal acts (article 213 of the Criminal code of the Russian Federation (the criminal code)), in the other case, in the form of aggravating circumstances and other crimes associated with hooliganism. The substantive aspect of bullying is presented in article 213 of the criminal code: a gross violation of public order expressing clear disrespect for society, committed: a) with the use of weapons or objects used as weapons.
PROBLEMS OF DELINEATION OF CRIMINAL AND ADMINISTRATIVE RESPONSIBILITY FOR CRIMES COMMITTED IN THE SPHERE OF ORGANIZATION OF ILLEGAL MIGRATION
Author: Iskhakov, Aydar Mintalibovich
Keywords: the organization of illegal migration, the problems of qualification, the conflict of legal norms, the problem of delimitation
In the work proposals for the improvement of art. 322.1 of the Criminal Code of the Russian Federation and Art. Art. 18.9, 18.14 of the Code of Administrative Offenses of the Russian Federation with a view to distinguishing criminal and administrative responsibility in the imposition of punishment for the perpetration by a person of an organization of illegal migration. The proposals on the modification of the above articles of the Criminal Code of the Russian Federation and the Code of Administrative Offenses of the Russian Federation are analyzed with reference to the prevailing contradictory judicial practice, taking into account the justified application of criminal law or administrative law in each specific case. In the study of the problem in question, analytical, dialectical and inductive scientific methods were used, and the suggestions of other researchers were also presented and considered. The author made his own proposals on the solution of the task on the basis of the studied judicial practice that has been studied, which can positively influence the legislative and law enforcement activities.
CREATION OF THE UNIFIED FEDERAL REGISTER OF THE PERSONS OBLIGED TO REPORT ABOUT THE INCOME AND EXPENSES — AN EFFECTIVE MEASURE OF FIGHT AGAINST CORRUPTION
Authors: Kulikov, Alexander V; Vorobyov, Alexander Vladimirovich
Keywords: Corruption, corruption crimes, illegal enrichment, measures of fight against corruption, federal register
In this article measures of fight against corruption are considered: in relation to modern conditions creation of the unified federal register of the persons obliged to report about the income and expenses.
CRIMINALIZATION OF ILLEGAL ENRICHMENT AND SERVICES OF NON-PROPERTY NATURE AS EFFECTIVE MEASURE OF FIGHT AGAINST CORRUPTION
Authors: Kulikov, Alexander V; Vorobyov, Alexander Vladimirovich
Keywords: Corruption, corruption crimes, illegal enrichment, services of non-property nature, measures of fight against corruption
In this article measures of fight against corruption are considered: in relation to modern conditions criminalization of illegal enrichment and services of non-property nature is offered.
TO THE QUESTION ABOUT CRIMINAL LEGAL STATUS OF THE INDIVIDUAL
Authors: Pikin, Ivan Viktorovich; Evtyushkina, Kseniya Igorevna
Keywords: Legal status, criminal matter, the subject of criminal-legal status
The article investigates legal status of the individual in the sphere of criminal legal relations and attempt to develop a criminal legal status of the individual.
POSSIBILITIES OF CRIMINALISTIC PHONOSCOPY IN IDENTIFYING THE IDENTITY OF AN EXTREMIST CRIMINAL (TERRORIST)
Authors: Tutukov, Albert Y; Bzhiev, Roman Borisovich
Keywords: extremism, phonoscopy, voice database, examination
The threat of the use of new communication technologies by representatives of extremist organizations in their consequences is much more dangerous than certain public manifestations of extremism: the distribution of leaflets, newspapers, the organization of public speeches, street riots, etc.
The article examines the possibilities of using a database of votes formed in the expert criminalistic subdivisions of the Ministry of Internal Affairs of Russia in identifying individuals who propagandize and justify the ideology of extremism and terrorism, as well as in the investigation of extremist and terrorist crimes.
THE LEGAL CAPACITY OF THE SUBJECT AS AN OPPORTUNITY TO IMPLEMENT ADMINISTRATIVE AND LEGAL RELATIONS
Authors: Tutukov, Albert Y; Gelyahova, Leila A
Keywords: administrative and legal relations, subject status, rights and obligations, administrative law
The article analyzes the legal nature of administrative and legal relations, studies public relations that develop in the process of implementation by various entities of their powers.
ANALYSIS OF THE CURRENT STATE OF CRIME IN SOME FOREIGN COUNTRIES THROUGH THE PRISM OF THEORIES OF CRIME
Author: Cherednichenko, Catherine
Keywords: the causes of crime, theories of crime, foreign countries
The article concerns the issues of criminology and the author analyses the current state of crime in some foreign countries through the prism of theories of crime. The goal is to study the level of crime in several foreign countries and justification of its increase or decrease from the point of view chosen by the author of theories of crime. This study uses methods: the dialectical method of analysis and synthesis, comparative legal method, method of deduction, etc. the Theory of crime in the work confirmed by modern statistics. The results of the study can be used in the future when considering issues relating to the causes of crime. Conclusion in the work as follows: processes associated with changes in crime rates, as upward and downward, it is possible to explain those or other social, political or economic transformations taking place in different countries of the world.
EXTREMISM AS DETERMINANT OF TERRORISM — CARRIER OF THREAT OF STATE AND PUBLIC INSTITUTIONS
Authors: Akkayeva, Halimat Alievna; Shhagapsoeva, Marianne Hasanovna
Keywords: extremism, fighting, organization of events to combat extremism, multiethnic country
The article says that countering extremism and terrorism is a task of national scale, which means the need for systematic interaction of law enforcement agencies, public and religious organizations within the framework of this work.
FALSE PATRIOTISM IN THE IDEOLOGY OF FANATHIAN MOVEMENTS AS A CAUSE OF OCCURRENCE OF MASS DISORDERS ON SPORTS MASS ACTIVITIES AND DISTRIBUTION OF EXTREMISTIC IDEAS IN THE YOUTH ENVIRONMENT
Authors: Bzhiev, Roman Borisovich; Shamaev, Arthur Muradinovich
Keywords: Sports-mass events, false patriotism, extremism, youth environment, public order, public safety, fans, group violation of public order
On the eve of the World Cup, which will be held on the territory of the Russian Federation in 2018, the article identifies some problem areas in ensuring public order and public safety at sporting events, as well as proposals to increase the effectiveness of work to prevent possible terrorist actions, Group violations of public order, as well as nationalistic, extremist and other destructive manifestations.
SOME QUESTIONS OF THE GUARANTEE OF INDEPENDENCE IN THE SYSTEM OF PROSECUTION OF PROSECUTIONARY SURVEILLANCE
Author: Êerimov, Amur V
Keywords: public prosecutor's supervision, independence, independence, prosecutor's office, Constitution
In article the essence of a guarantee of independence in activities of public prosecutor's workers is analyzed. The essential elements of independence of public prosecutor's supervision fixed at the legislative level are noted.
IMPROVING LEGISLATIVE REGULATION AND LAW ENFORCEMENT ACTIVITIES OF THE INSTITUTE CRIMINAL PROCEEDINGS IN THE KYRGYZ REPUBLIC
Author: Kulanbaeva, Zulfiia Abdilovna
Keywords: a criminal case reasons and grounds for instituting criminal proceedings, judicial control, Prosecutor's supervision, departmental control
In the article the main problems of the institution of criminal proceedings in the Kyrgyz Republic and ways of improving legislative regulation and law enforcement practice this stage of the criminal process. The author conducted a comparative analysis of current criminal procedural legislation of the Kyrgyz Republic and the Russian Federation, studied the views of scientists on this issue. On the basis of the analysis made concrete proposals for improvement of rules governing the stage of initiation of criminal proceedings in Kyrgyzstan.
ADJUSTMENT OF MOTIVATION OF SOCIAL ACTIVITY IN THE DIRECTION OF ITS REORIENTATION FROM EXTREMISM TO TOLERANCE AS A FACTOR OF RESISTANCE
Authors: Manukyan, Aline Romanovna; Shhagapsoeva, Marianne Hasanovna
Keywords: counteracting, extremist, ideology, tolerance
Studies carried out in the field of studying and generalizing the experience of identifying and investigating extremist crimes have shown that the main goal of extremist activity is the establishment of dominants in the financial, administrative, territorial and other political spheres.
AN EXTREMIST OR MISSIONARY WHO IS PLACED UNDER THE CONTROL OF THE STATE?
Author: Osipova, Nadeajda Vladimirovna
Keywords: missionary activity, extremism, religious organizations, banned in Russia organization
The article analyzes the legislation on missionary activities in the Russian Federation, referred to the controversial provisions of the regulatory framework in this area.
SOME PROBLEMS OF MEDIATION PROCEDURE IN CRIMINAL LAW OF KYRGYZ REPUBLIC
Authors: Shamurzaev, Taalaibek Tursunovich; Akzhigitova, Asel Ergeshovna
Keywords: Restorative justice, conflict, mediation, mediator, minor, accused, suspect, victim, defendant
The article is devoted to the investigation of problem questions of the criminal procedure legislation of the Kyrgyz Republic regulating mediation in criminal cases. Based on the study and analysis of the norms of the new Code of Criminal Procedure of the Kyrgyz Republic, the draft law «On an alternative method for resolving disputes and conflicts involving the mediator (mediation) in the Kyrgyz Republic», the legislation of certain foreign states, the works of the procedural scientists, proposals are made to improve the current Legislation on the issues under study.
TO THE QUESTION OF SPECIAL PSYCHOPHYSIOLOGICAL STUDIES USING POLYGRAPH IN CRIMINAL PROCEEDINGS
Authors: Vasilchenko, Andrey V; Lonshchakova, Angella R
Keywords: psychophysiology, polygraph expert, investigator, criminal procedure, evidence, investigative lead
The authors of this paper tried to analyze the current state of the issue of special psychophysiological research using polygraphs in the domestic criminal proceedings, to reflect the basic causes of the problems of its enforcement and make their own judgments about the possibility of using this method in the field.
SEVERAL POINTS OF A PREMEDITATED BANKRUPTCY INVESTIGATION
Author: Gavrilova, Natalia Alexandrovna
Keywords: premeditated bankruptcy, forensic characteristics, fiction
The article presents the core results of the thesis research project devoted to the methods of premeditated bankruptcy investigation.
CRIMINALISTICALLY IMPORTANT SIGNS OF SUICIDE: DEFINITION AND CLASSIFICATIONS
Author: Lisovetski, Alexander L
Keywords: suicide, criminalistically important signs, criteria, incorrect views
On the basis of general scientific and forensic methods, suicide signs are considered to give their definition and classification. The conclusion includes the results of this research: 1) the definition of criminalistically important signs of suicide; 2) some classifications for various reasons; 3) the list of criteria applicable to criminalistically important signs to identify the event; 4) a number of suicide signs that often are not quite correctly represented in the literature. These findings can be used both in investigative practice and in the criminalistically important signs of events theory.
DEPARTMENT OF CRIMINAL PROCEDURE AND CRIMINALISTICS OF FACULTY OF LAW, ECONOMICS AND MANAGEMENT OF ULYANOVSK STATE PEDAGOGICAL UNIVERSITY NAMED AFTER I.N. ULYANOV
Author: Senchev, Ivan Nikolaevich
Keywords: fraud against state property, forensic characteristics of crime, the correlation between fraud and civil-law delict, counteraction against investigation, prejudice
this article focuses on the current issues of forensic method of investigation of special type of frauds- a fraud against state property. The author consistently analyses specific aspects of forensic characteristics of this crime. Various aspects of investigation organization and planning are observed. Concrete recommendations directed to investigation method improvement are laid down.
FEASIBILITY OF APPLICATION OF MEDICAL PROCEDURES FOR RESOLUTION OF LABOR DISPUTES AFTER TRANSFER OF THE CASE TO THE COURT
Author: Shumova, Kristina Alexandrovna
Keywords: mediation, labor dispute, labor code, labor law, court
Since 2011, the federal law No. 193-FZ in Russia has introduced the institute of mediation. According to the Federal Law, the parties to the conflict may apply the mediation procedure both before the court and after the case is referred to the court. This alternative way of settling disputes with the help of an intermediary, it is possible to resolve labor disputes. The purpose of the article is to analyze the positive and negative aspects of the mediation procedure, when applying it, to regulate labor disputes.