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THE FORMATION OF THE NOVOOSKOLSKIY COUNTY POLICE: THE LEGAL FRAMEWORK
Authors: Lysenko, Victoria Aleksandrovna; Ryazanova, Nataliya Aleksandrovna
Keywords: Novooskolskiy district police, bodies of internal Affairs, legislation, public order
The article contains information about the legal basics of forming a worker-peasant militia, as well as an analysis of the formation of the Novooskolskiy County militia.
THE OBJECTIVES OF THE STATE AND ITS GEOPOLITICAL PURPOSE
Author: Shauro, Irina G
Keywords: geopolitics, geopolitical interests, the state, soft power, objectives of the state, security, well-being of the population
The subject of the research the aims of the modern state. The relevance of this question is related to lack of uniformity in the approach to this issue, and with the complexity and dynamism of the goals of the state. Methodology of work is based on traditional legal methods: dialectic, analysis, synthesis, analogy, etc. In the analysis the author States that the principal remain objective, mentioned since antiquity: the security and welfare of the population. It is noted the relationship of government objectives within the country and abroad. Expresses the hope that in the future the ability to ensure the safety and highest welfare of the people of all countries will be based not on military power but on human potential and the completeness of its application.
CONSTITUTIONAL AND LEGAL RESPONSIBILITY OF THE LEGISLATIVE (REPRESENTATIVE) BODIES OF STATES POWER OF A REGIONS OF THE RUSSIAN FEDERATION
Author: Anisimova, Ekaterina A
Keywords: the regions of the Russian Federation, legislative bodies of subjects of the Russian Federation, constitutional and legal responsibility, the dissolution of the legislature
The article is devoted to the definition and consideration of mechanisms for the involvement of constitutional and legal responsibility of the legislative bodies of state power of regions of the Russian Federation. The article is part of a larger research of the author on the subject of parliamentary law of constituent entities of the Russian Federation. As the purpose of the study is to identify the identification of problems in the legislation regulating the grounds and procedure of bringing to constitutional and legal responsibility of regional parliaments. The main method of work is the analysis of normative acts stipulating the sanctions of constitutional and legal responsibility of representative bodies. In the result, the conclusion about the need for further scientific understanding of constitutional legal liability as a legal responsibility, as well as the modernization of legislation on constitutional and legal responsibility. The article can be used in the educational process in the discipline «Constitutional law» and will also be of interest to all engaged in the constitutional law.
SOME HISTORICAL AND LEGAL COMPARATIVE ASPECTS OF INHERITANCE LAW IN THE REPUBLIC OF MOLDOVA
Author: Bodelan, Irina A
Keywords: The law of the Republic of Moldova, intestate succession, comparative legal aspects, universal succession, Roman private law
The article describes the main components of inheritance according to the law in the Republic of Moldova from the point of view of historical research, scientific and theoretical cognition and the expression of the main processes that have changed in an unchanged form, and also undergone changes under the influence of time or as a result of social experiments. The stages of the formation and further development of such a symbolic concept as hereditary law, in general, for the history of Moldova, and in different historical periods are outlined, focusing on the key aspects that have survived to the present. The hereditary right developed depending on economic, political, social and other conditions of a life of a society, replacing each other and, subsequently, apprehended by the modern hereditary right of Republic Moldova. The institute of inheritance regulates relations on the transfer of property rights and obligations from ancient times. Such a length of existence can only be explained by the special significance of inheritance for an individual, for society and, as a consequence, for Moldovan rule-making in general.
PRINCIPLE OF DICHOTOMY IN INTERNATIONAL COPYRIGHT LAW
Author: Demchenko, Margarita
Keywords: harmonization, unification, copyright protection, TRIPS, Berne Convention, idea, expression, dichotomy
This article presents an examination of the limitations of the concept of an idea in international copyright law. The general rule is that copyright protection extends «only to the expression of an idea, not the idea itself.» Copyright protects the work, which reflects a certain choice and order of words, musical notes, colors and so on. This principle is perceived in different ways in the legal systems of countries, which leads to completely different solutions to similar situations. Protection can extend not only to symbolic elements, but also to non-linear elements, if such elements are «comprehensive» in relation to the overall structure of the work. The article focuses attention on the legal regime of the idea, clothed in the original form, on when such an object of protection can be recognized as a new, original work.
LEGAL REGULATION OF THE HONG KONG FINANCIAL SYSTEM: NEW DEVELOPMENT STRATEGIES FOR 2017
Author: Protopopova, Olga V
Keywords: Hong Kong law, financial system, banking regulator, financial services law, innovative Fintech centers, Hong Kong financial system reform, code of banking practice
The article studies the main legal mechanisms for regulating the financial system of Hong Kong. A brief overview of the main laws of Hong Kong in the field of financial activities: the Ordinance on Banking, the Ordinance on Securities and Futures, the Ordinance on Insurance Companies, the Ordinance on Combating Money Laundering and Counter-Terrorism Financing (Financial Institutions), etc. The article touches upon the activities of the Special Financial Committee of Hong Kong «FinTech» (FinTech Steering Committee), which is engaged in the introduction of innovative technologies in the country»s financial system. The article also examined the institutions of soft law: the Code of Conduct, which defines the standards of behavior expected from the management of the bank and employees, as well as the Code of Banking Practice, developed jointly by the Association of Banks of Hong Kong and the Association of Companies for the Entry deposits. The main financial regulators and their functions have been identified — the Hong Kong Monetary Authority (HKMA), the Insurance Authority (IA), the Mandatory Provident Fund Schemes Authority (MPFA) and the Commission on securities and futures (Securities and Futures Commission — SFC). The reform of the financial system of Hong Kong in 2017 was studied — an overview of the new Ordinance on financial institutions (FIRO) of 07/07/2017. The reported study was fîunded by RFBR according to the research project ¹17-03-00093 «à»(supervisor E.E.Frolova).
ALTERNATIVE RESOLUTION OF FINANCIAL DISPUTES IN HONG KONG AND MAINLAND CHINA
Author: Rusakova, Ekaterina Petrovna
Keywords: international financial arbitration, financial disputes, China, Hong Kong, HKIAC, CIETAC, FDRC
The article describes the activities of the Hong Kong International Arbitration Center (HKIAC) in 2015-2016. The review of the Financial Arbitration Rules of the China International Economic and Commercial Arbitration Commission (CIETAC’s Financial Disputes Arbitration Rules) is presented in 2014. The aspects of the Hong Kong Financial Crimes Center (FDRC of Hong Kong) are examined. Conclusions: the active work of the administration of the Hong Kong International Arbitration Center (HKIAC) on the revision of domestic arbitration rules, the creation of new arbitration rules, such as the «Securities Regulations», «The Rules of Accelerated Arbitration», «Arbitration Rules for Transactions in electronic form «,» Arbitration Rules for «small claims» and «only on documents» «; as well as the creation of the Hong Kong Financial Crimes Dispute Center (FDRC of Hong Kong) allowed Hong Kong to gain a firm footing in the top five leaders of international centers for resolving financial disputes, both internationally and internally. Mainland China joined this competition somewhat later, so the famous center of international commercial arbitration — CIETAC (China International Commission for Economic and Commercial Arbitration) is not yet among the leaders of international financial arbitration. The reported study was fîunded by RFBR according to the research project ¹17-03-00093 «à»(supervisor E.E.Frolova).
RESPONSIBILITY FOR VIOLATION OF THE AGREEMENT ON ALIMENTATION OF MINORS UNDER THE CURRENT LEGISLATION OF THE RUSSIAN FEDERATION
Author: Sergeeva, Vera V
Keywords: Agreement on alimentation, damages, alimony, responsibility, the Supreme Court, lawful penalty
The Family Code of the Russian Federation establishes measures of responsibility for improper performance of the alimony agreement by the payer of alimony, such as forfeit and compensation for damages. The article is devoted to the contractual form of settlement of alimony obligations of spouses for the maintenance of minor children, as well as to determine the degree of responsibility for violation of such obligations. The task of the article is to establish the boundaries of responsibility for non-fulfillment of the agreement on payment of alimony under the current legislation, determination of factors affecting the practical application of the law. The purpose of the work is to identify the absence of clear legal norms, to present options for improving legislation in general, as well as law enforcement practice. The author analyzed the existing in the law design and specific problems that arise due to its incompleteness and practical insolvency. The work uses: comprehensive analysis, qualitative comparison, description and hypothetical-deductive research methods. The article states that the measures of liability provided for by the legislator have undoubted specificity, and the external analogy of the law can be applied only if it is impossible to use an internal analogy. The author studies theoretical positions and heterogeneous approaches to interpretation. The issues of the scope of liability, as well as its insurance, are touched upon. The general direction of options for the development and improvement of articles of the RF SC is proposed. Thus, the tasks indicated in the introduction to the thesis work are solved, the goals are achieved. This is confirmed by the conclusions drawn in the conclusion. These conclusions completely resonate with the tasks set and the goals indicated at the beginning of the work.
ALTERNATIVE SETTLEMENT OF INTERNATIONAL FINANCIAL DISPUTES: WILL INDIA ENTER THE TOP FIVE IN RESOLVING FINANCIAL SECTOR DISPUTES?
Author: Sitkareva, Elena Vitalievna
Keywords: Indian law, arbitration in India, Arbitration and Conciliation Act of 1996, Mumbai Center for International Arbitration, International Association of Swaps and Derivatives, financial arbitration
The article presents an overview of the reform of the Arbitration Law of India in 2015, the author analyzed its premises, describes the main provisions of the law on amending the arbitration law in 2015, examined the special Arbitration Rules 2017 of the MCIA. Author concluded that the Government of India is making considerable efforts to turn the country into a the center of international financial arbitration, which was expressed both in the reform of Indian arbitration legislation, and in creation of new arbitration institution that meets modern international standards, the Mumbai Center for International Arbitration (MCIA). The reported study was funded by RFBR according to the research project ¹17-03-00093 «à»(supervisor E.E.Frolova).
DIRECTIONS OF IMPROVEMENT OF LEGISLATION ON BUDGET BENEFITS IN RUSSIA, BELARUS AND KAZAKHSTAN
Author: Antonova, Natalia Vladislavovna
Keywords: the social (budget) benefit, the state budget, specific (species) indicators of budget benefits, the minimum constitutional guarantees, harmonization of legislation
The article is devoted to legal regulation of social benefit from the state budget (budget benefit) in the Russian Federation (RF), the Republic of Belarus (RB) and the Republic of Kazakhstan (RK). The author analyzes the works of Soviet and modern Russian, Belarusian and Kazakh scientists on the legal nature of social benefits that was the basis for the allocation of specific signs of budget benefits. The author draws attention to the absence in the legislation of the Russian Federation, Belarus and Kazakhstan uniform act on the budget benefits and substantiate the necessity of its development and adoption in national legislation of the countries. Especially there is a proposal for the need to develop such an act in the framework of the CIS (or EAEC). The article also addresses the most acute problems of budget benefits for Russian citizens and suggests ways to overcome them.
THE PROBLEM OF APPRAISING CONCEPTS IS ENTITLED TO SOCIAL SECURITY
Author: Astaeva, Marina
Keywords: Legal norms, valuation concepts in the law of social security
The article is devoted to the problem of the existence of the problem in the appraisal concepts of social security law. The author gives a brief overview of the term «appraisal concepts», points out the existence of a problem when applying valuation concepts in practice. The author summarizes that it is impossible to exclude valuation concepts, but to solve the problem of interpreting and applying valuation concepts is necessary in each specific case.
EXCURSIONS IN THE EDUCATIONAL PROCESS
Author: Tutukova, Madina Ramazanovna
Keywords: tourism, literature, GEF, student, skills and excursions, tourism technology, education, tourism pedagogy
Currently, educational institutions are actively introducing innovative methods of teaching into the practice of their activities. One of the most popular of them are study tours. In off-hour time, tourist technologies are widely used, which contributes to the formation of a person as a teacher.
LEGAL REGULATION OF WORK OF DOMESTIC WORKERS: HISTORICAL ASPECT
Author: Scherbak, Stanislav Sergeevich
Keywords: Domestic workers, the employer — natural person, the history of legal regulation, labor relations
This article is a detailed study of the legal regulation the labor of domestic workers. The issue of the birth of labor relations with the participation of domestic workers is considered in detail. The author pays sufficient attention to the historical stages of the legal regulation the labor of domestic workers in Russia. In the article details the legal characteristics of legislative acts that determine the legal status of the individual employer and domestic worker, and also gives recommendations on the improvement of legislation on the labor of domestic workers, taking into account historical experience.
LEGAL STATUS OF HIV-INFECTED CONCURRENT, DEPRIVING PUNISHMENT AS A DEPRIVATION OF FREEDOM
Author: Adylin, Dmitry Mikhailovich
Keywords: HIV infection, convict, places of deprivation of liberty, compulsory treatment
The large concentration of HIV-infected convicts in prisons puts the criminal-executive system in the task not only of treating infected prisoners and preventing the spread of HIV infection in places of deprivation of liberty, but also of the legitimate use of remedies and observance of rights and legitimate interests HIV-infected convicts. The article reflects some problematic issues, the use of compulsory treatment for HIV-infected convicts, as well as respect for the right to preserve medical secrecy during the serving of punishment.
PECULIARITIES OF THE US JUVENILE JUSTICE FORMATION
Authors: Arefinkina, Ekaterina J; Oganesyan, Armen K
Keywords: minor, crime, criminal justice, justice, human rights
The article studies US legislation regulating criminal procedures against minors. Special attention is paid to concept, according to which minors require special approach and treatment, with state’s duty to support all-round compliance of such minor’s rights.
Consecutive analyses of principal milestones of the US juvenile legislation history formation allowed to trace stages of the development of principal concept of the modern American juvenile justice. The concept requires state intervention to the children’s life and the life of the family for the convenience of children, it obliges the state to discover the roots of criminal behavior and correct them. Nowadays, the cause that led a minor to the court is less important for American justice than understanding of children life situation and selection appropriate individual rehabilitation measures. Society and state take responsibility for delinquent behavior because they haven’t provided proper conditions for its socialization. Committed crime is considered as minor’s trouble, not his guilt.
The US juvenile justice experience shows that evolutionary development of crime prevention system significantly influences on reduction of recidivism, decreases penitentiary system workload, prevents from criminalization of minor’s personality and at last contributes to crime reduction in the society. Generally, successful introduction of some elements of juvenile justice, such as restorative justice, to the law enforcement practice and social policy of Russia will give an opportunity to provide for stable functioning of neglect and juvenile delinquency prevention system, to provide comprehensive care for a minor under difficult life situation.
GENERAL PRINCIPLES (RULES) OF IMPOSING PUNISHMENT ON THE CRIMINAL LEGISLATION OF STATES WITH THE ROMANO-GERMAN SYSTEM OF LAW
Author: Bokovnya, Alexandra J
Keywords: Criminal law, general principles, the rules for the imposition of punishment, the criminal legislation of foreign states, the Romano-German system of law, the reform of criminal legislation
This article analyzes the norms of the Criminal Code of European states with the Romano-German system of law, to which the criminal legislation of Russia also belongs. The idea of further reforming the Russian criminal legislation, including the development of the new Criminal Code, objectively causes the interest in the legislative experience of other states, which is rooted in the doctrine of criminal law.It focuses on the positive, in the author»s opinion, decisions on the regulation of the appointment of punishment and its individualization, and above all, special attention is drawn to those successful provisions of the Criminal Code of foreign states that could be borrowed in the process of further improving the criminal legislation of Russia. The author believes that, according to the experience of some foreign states, the Criminal Code of the Russian Federation (Article 60) should specify the degree of public danger of the crime and the identity of the person responsible for committing the punishment.
THE USE OF SOCIAL NETWORKS BY TERRORIST AND EXTREMIST ORGANIZATIONS
Author: Gelyahova, Leila A
Keywords: terrorism, extremism, crime, social networks, the Internet, responsibility, international cooperation
Today, the world community has faced a new form of spreading and imposing the ideology of terrorism and extremism — through information technology. Especially this problem affected the least protected segments of the population with unformed outlook on life. It is obvious that in modern conditions, antiterrorist activity should include an active information confrontation at a highly professional level, capable of resisting the spread of terrorist and extremist ideology.
DYNAMICS AND FORMS OF MANIFESTATION OF RIOTS IN THE RUSSIAN FEDERATION
Author: Kumysheva, Marina K
Keywords: mass riots, responsibility, violence, nationalism, weapons, cruelty, crime
A crime against public security, consisting of organizing and participating in mass riots accompanied by violence, pogroms, arson, destruction of property, use of firearms, explosives or explosive devices, and the provision of armed Mass riots are a form of complex criminal activity of subjects, which is accompanied by the use of violence, various types of weapons, explosives, destruction of others» property, as well as fierce resistance to representatives of law enforcement agencies. In this regard, consideration of the dynamics and forms of manifestation of mass disorders seems very relevant and timely.
CRIMINAL LIABILITY FOR PUBLIC CALLS FOR TERRORIST ACTIVITY OR PUBLIC JUSTIFICATION OF TERRORISM : THE PROBLEMATIC ASPECTS OF THE REGULATION IN THE FOCUS OF CRITICAL ANALYSIS
Author: Lobach, Dmitry Vladimirovich
Keywords: terrorism, public incitement to terrorism, incitement to terrorism, the ideology and practice of terrorism
The article discusses the criminal liability for public calls for terrorist activity and public justification of terrorism. Were identified features, the totality of which enables the act to qualify as a public incitement to terrorist activity. This article argues that the spread of information, which creates a high probability of political violence cannot be regarded as a crime, regulated by part 1 of article 205.2 of the criminal code. Public calls should be interpreted only through such verbal actions, which are initially and clearly can orient the listener to the relevant offences of a terrorist nature. The article distinguishes appeals from the public of incitement in respect of one or more persons. It was concluded that the rule, which establishes liability for public propaganda of terrorism, will remain legally uncertain and speculative in legal practice while not legally be the criteria that separates terrorism from acceptable political violence.
SUBJETA OF LEGAL RELATIONSHIP IN ASPECT OF PROVIDING THE MODE IN INSTITUTIONS OF THE PENAL CORRECTION SYSTEM
Author: Mikheeva, Svetlana V
Keywords: mode, subject of the mode, corrective labor colony, pre-trial detention center, penal correction system
The present article is devoted to a research of questions of the subject structure providing the mode in institutions to a penal correction system. The methodological basis of studying of category «Subjects of Legal Relationship when Providing the Mode in a Penal Correction System» was made: 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 suggests to differentiate subjects of regime legal relationship in penal institutions of Russia depending on influence them on the mode in institutions of a penal correction system and subdivides them into the subjects having a direct bearing on providing the mode and subjects having indirect relation to the mode.
CRIMINAL LIABILITY FOR THE DISPLACEMENT OF PHYSICAL PERSONS THROUGH THE STATE BORDER OF THE RUSSIAN FEDERATION OF STRONG ACTING SUBSTANCES AS A DRUG FOR PERSONAL USE
Author: Sadikova, Larisa A
Keywords: medicines, health care, crime, pharmaceutical activity, import, medical use
One of the most commodities on which the life and comfortable existence of citizens depends is medicines. As is known, the bulk of medicines sold in the Russian Federation are imported from foreign countries. In this regard, the pharmaceutical industry is increasingly becoming controlled by the law. The article makes an attempt to determine the most significant problems of legal regulation of legal relations in the sphere of medicinal products circulation.
CRIMES IN THE FIELD OF COMPUTER INFORMATION — A THREAT TO NATIONAL SECURITY
Author: Tutukov, Albert Y
Keywords: computer crimes, information, information security, latency
The development of information technologies has caused the growth of computer crimes, the responsibility for which is provided for by the Criminal Code of the Russian Federation. However, these crimes are characterized by a high degree of latency, which negatively affects the effectiveness of investigating crimes in the field of computer information.
To date, the Internet has penetrated almost all spheres of public life, it can and should be viewed as an integral part of the information space, as a means of exchanging information as a carrier of a specific culture.
In this regard, the relevance of this article is extremely large.
ADMINISTRATIVE AND LEGAL METHODS OF IMPLEMENTATION BY BODIES INTERNAL AFFAIRS OF RUSSIA ANTITERRORIST ACTIVITY
Authors: Tutukov, Albert Y; Gelyahova, Leila A
Keywords: terrorism, law enforcement agencies, special operations
In modern conditions of development of Russian society, many mechanisms are needed to implement attempts to solve the problem of terrorism. One of the main directions is to understand the essence and forms of terrorism. The understanding of this phenomenon in various circles of society is ambiguous. This fact complicates the fight against terrorism. There are various legal methods to combat the «main crime of the twentieth century.» This article reveals the administrative and legal methods of implementation by Russian internal affairs agencies of anti-terrorist activities.
PROBLEMS OF EXECUTION OF THE REQUEST IN LEGAL ASSISTANCE IN CASES OF ADMINISTRATIVE VIOLATIONS
Authors: Tutukov, Albert Y; Gelyahova, Leila A
Keywords: administrative law, legal aid, request, Ministry of Justice, international treaty
In order to ensure the implementation of established norms, legislators also established a form of content and a form of request for legal assistance.
At the same time, the implementation of a request for legal assistance in practice raises a number of difficulties. Thus, for example, the poor design of the request and attachments to it serves as the reason for the return of instructions without execution, which delays the production time for administrative offenses, and sometimes makes it impossible to take a lawful and informed decision on the case.
This article is devoted to the issues of the implementation of legal assistance in practice.
HISTORY OF THE ORIGIN AND DEVELOPMENT OF THE INSTITUTE»S LEGAL REPRESENTATIVE AND THE STAGES OF ITS DEVELOPMENT
Author: Gazaryan, Arkadii A
Keywords: Institute, Legal Representative, Representative, Roman Law, German Jurisprudence, Criminal Justice, Criminal Procedure
The article enlightened a complex study of the history of the origin, formation and development of the institution legal representatives in pre-revolutionary Russia, and in modern conditions the outcome of the criminal procedural legislation of the Russian Federation, investigative and judicial practice in criminal proceedings. Develop the concept of realization of powers of the legal representative, its concept and definition in the modern criminal proceedings.
THE INTRODUCTION OF THE LEGAL INSTITUTION OF «SUSPECTED OF COMMITTING A CRIME»
Author: Kutsenko, Svetlana
Keywords: human rights, suspected of committing a crime, a criminal prosecution, the witness
the article discusses the importance of human rights in the implementation of the criminal prosecution. Are identified issues of a person»s detention suspected of committing a crime until the criminal case and giving his procedural status. Proposals for amendments in article 5 of the code of criminal procedure and the introduction of a new participant in the criminal proceedings from the defense — are suspected of committing a crime.
ASSISTANCE FUNCTION IN THE SYSTEM OF CRIMINAL PROCEDURE FUNCTIONS: THEORETICAL ASPECT
Author: Latypov, Vadim S
Keywords: criminal process, system functions, promote the disclosure and investigation of crimes, and other participants in criminal proceedings
The author in article has analysed function of assistance in the system of the main criminal procedure functions. During the analysis the main concepts which are available in the theory of criminal trial, system, classification of functions have undergone a research. The author has with deep arguments come to a conclusion about need of consideration of function of assistance as full independent and necessary in investigation and disclosure of criminal cases of function.
• An object of research — set of the domestic standards of the criminal procedure legislation regulating the system of criminal procedural functions in criminal trial of Russia.
• The research objective consists in the analysis of the current state of the criminal procedure legislation regulating the system of criminal procedure functions and also in development on this basis of offers on need of consideration of assistance as independent function.
• the method or methodology of carrying out work were made: a general method of knowledge — materialistic dialectics; general scientific methods — deduction and induction, the analysis and synthesis.
• results of work can be useful to the theory of criminal trial and law-enforcement practice;
• scope of results: legal regulation of assistance in the system of criminal procedure function;
• conclusions: 1. Realization of guarantees of the rights and freedoms of the person and citizen in criminal legal proceedings create necessary conditions for involvement and participation of the persons assisting in criminal trial; 2. Assistance is independent function of criminal trial; 3. Assistance can be rendered at any stage of investigation.
FEATURES OF INTERACTION OF THE FEDERAL PENITENTIARY SERVICE OF RUSSIA AND MINISTRY OF INTERNAL AFFAIRS OF RUSSIA IN THE IMPLEMENTATION OF SECURITY MEASURES CONCERNING PROTECTED PERSONS, TO WHICH IS APPLIED THE MEASURE OF RESTRAINT IN THE FORM OF HOUSE ARREST
Author: Malikova, Natalia Valeryevna
Keywords: cooperation, subdivision, Federal service of execution of punishment of Russia, state defence, protected person, house arrest, safety measures
the Article is sanctified to research of problems of cooperation of subdivisions of Federal service of execution of punishment of Russia and state defence of Organs of Internal Affairs during realization of safety measures in regard to the protected persons to that the measure of suppression is applied as a house arrest. An author offers the own concept of cooperation of subdivisions of Federal service of execution of punishment of Russia and subdivisions of state defence, analyses theoretical, and also normative and practical questions of similar co-operation.
PROBLEMS OF SUPERVISION AND CONTROL OF LEGALITY IN THE CRIMINAL PROCESS
Author: Nadyseva, Elvira Hanifovna
Keywords: the Prosecutor, prosecutorial oversight, procedural status, the investigation, the authority
This article discusses some of the legislative, theoretical and legal aspects of the procedural position of the Prosecutor in criminal proceedings. The author outlines the main problems associated with the implementation of prosecutorial supervision over the legality of procedural activities of preliminary investigation bodies. As well as the author, analyzing changes in the criminal procedure code of the Russian Federation is of the opinion that in the circumstances should be returned to the Prosecutor lost some of its earlier powers of supervision over the preliminary investigation. This article formed the conclusion that the Prosecutor as the prosecution unfamiliar to law makers lack sufficient measures against illegal actions and decisions of the investigating authorities.
A CIVIL CLAIM IN THE CRIMINAL PROCESS — THE UNITED PRODUCTION TO ENSURE THE COMPENSATION OF MATERIAL HARM TO THE VICTIM
Author: Nikolaev, Evgeny M
Keywords: Criminal proceedings, victim, civil plaintiff, civil action, a connected process (production), compensation of the harm caused by the crime
The Article is devoted to a civil lawsuit in the criminal process as to the United trade purpose of which is to provide compensation to the victim for material damage caused by the crime. The author analyzes the views of scientists of the United processualists evaluating the production of both negative and positive.
THE ATTORNEY THE «ICON» OF THE RUSSIAN CRIMINAL PROCEDURE
Author: Symin, A
Keywords: criminal process, lawyer, proof, Inadmissible evidence
The article is deals with the amendment of the art. 75 of Russian criminal procedure code. As the result the author has some conclusions: 1) about the lack of real need of changing this legal norm; 2) about incorrectness of form and expression of this amendment; 3) about causeless establishment of an exception from the common for all other subjects of proof of the rules for assessing the admissibility of evidence; 4) about tendency to transforming a lawyer into an inviolable participant in criminal procedure.
THE APPLICATION OF THE BASICS OF CONFLICTOLOGY IN THE CRIMINAL PROCESS
Author: Kharzinova, Violeta Mukhamedinovna
Keywords: Criminal process, conflict, criminal procedure science, criminal procedural activity, the situation of conflictology in the criminal process. Objective basis of conflict application, mechanism of application, methodological methods
The article deals with the correlation of conflictology with the criminal process. Objective basis of conflictology conflicts with the criminal process. The possibility of applying the provisions of conflictology in criminal procedural activity. Mechanisms for conflict resolution.
SOME FEATURES OF THE USE OF TECHNICAL MEANS IN THE INVESTIGATION OF A CRIME
Author: Kharzinova, Violeta Mukhamedinovna
Keywords: technical means, investigative actions, procedural actions, preliminary investigation, trial, fixation and seizure of traces of crime, way of revealing traces of crime, examination, interrogation, the admissibility, reliability of evidence, criminal procedure
The article deals with the use of technical means in criminal proceedings in the process of investigative and other procedural actions. The possibility of supplementing the criminal procedural legislation with provisions regulating the rules for the use of technical means. And also the consideration in the separate article of the criminal procedure code of types of technical means that can be applied in criminal proceedings.
SUSTAINABLE DEVELOPMENT OF RUSSIA THROUGH THE PRISM OF MIGRATION PROCESSES
Author: Mamontova, Elvira Alexandrovna
Keywords: migration, substituting migration, illegal migration, diaspora, labor migrants, adaptation and integration of migrants, multiculturalism, migration processes, migration flows, migration policy
The article is devoted to the dynamics of the development of migration processes and the migration legislation of modern Russia, their influence on the stable and stable political, socio-economic and demographic development of our state. The importance and necessity of external migration for sustainable and stable development of Russia is shown. Obviously, in the near future the compensating role of external migration in the development of Russia will only increase. The analysis of the current state and trends in the development of migration processes was carried out, proposals were developed to improve Russia’s migration policy, taking into account the mistakes of the liberal migration policy of the European Union, which showed that the internal political stability and stability of the host country’s development depend on the effectiveness of managing migration flows. To preserve the ethnopolitical stability of the country, it is necessary to establish a ban on the creation of compact settlements of migrants on the basis of ethnic and land principles. One of the main causes of the negative consequences of external migration is illegal labor migration, which resulted from the economic interests of enterprises of all forms of ownership, attracted by cheapness and social insecurity of foreign labor. The state should not go on about these interests. The interests of Russia’s sustainable development require, in the formation of the migration policy, first of all to take into account national interests, since the spontaneity of migration flows creates threats to the national security and economic stability of the state. It is shown that in the absence of effective control measures, migration quickly begins to affect the economic and social life of the indigenous population of the country, the stability and stability of Russia’s development.
ACTUAL ISSUES OF PROSECUTORIAL SUPERVISION OVER THE IMPLEMENTATION OF ANTICORRUPTION LEGISLATION
Authors: Mokretsov, Yuriy V; Morozov, Roman M
Keywords: anti-corruption legislation, corruption offense, false information on income and expenses, conflict of interest, party to administrative liability, prosecutor»s legal requirements
Due to numerous gaps in legislative regulations and ambiguity of anti-corruption practice by the employees of the Prosecution Office we have set a goal to sort out current most troubled controversies. Current issues of prosecutor»s supervision over the execution of anti-corruption legislation by the prosecutor»s office are being considered in the article. Based on the current research, regulatory enforcement materials the authors have defined the problems due to which the legal power of the employees of the Prosecutor’s Office in anti-corruption fight are not enforced to the right degree. As a part of the study changes in the legislative regulations in the sphere under consideration have been proposed. The results of the research may be used in legislation as well as by the executors of law in charge of control and supervision while resolving disputable anti-corruption statutory regulations.