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TO THE QUESTION OF STATE-LEGAL ASSESSMENT OF EVENTS 1991-1993
Author: Vishnyakov, Victor G
Keywords: Federal, unitary, Federal, Confederation, Treaty of Alliance, autonomy, Constitution, property, state territory, state duty, taxes, representative bodies, the President, the Government, the Market economy, the Soviet Union, Russia, RSFSR
The relevance of the publication of the article due to the urgency of the problems of the races-pada of the Soviet Union, considered by historians, sociologists, Policoro-Gami mainly with public policy positions. At the same time clearly not explored the legal aspects of the events of 1991-1993, the events that led to the collapse of the Soviet Union. The article aims to partially fill this gap, to draw attention, first of all, about the problems of constitutional and administrative law.
TO THE QUESTION OF THE NATURE OF STATE-LEGAL COERCION
Authors: Dashin, Aleksey V; Makarova, Natalya A
Keywords: law, state, coercion, impact, society, interests, contradictions
the article is devoted to determining the place of state-legal coercion in the structure of social coercion. The authors analyze the nature of social coercion, extrapolating its content to state-legal coercion. Researchers come to the conclusion that the basis of state-legal coercion lies in the conflict (contradiction) between the will of the majority in a society sanctioned by the state with the help of law and the individual will of persons violating the law. The authors emphasize a special role of coercion as a means of state-legal influence on society ensuring the functioning and reproduction of the modern social system. The thesis that at the present stage of social development state-legal coercion is the most effective and most important type of social coercion is upheld.
DYNAMICS OF LEGAL REGULATION AND ITS EFFECTIVENESS
Authors: Zapivalov, Dmitriy; Medyakov, Timofey
Keywords: efficiency, the purpose of legal regulation, dynamics of law, effectiveness of legislation, effectiveness of legislation, the effectiveness of law, the effectiveness of the law, the effectiveness of the dynamics of legal regulation
The article is devoted to study the efficiency dynamics of legal regulation. Theoretical analysis of domestic research, the existing views on the concept and essence of the effectiveness of the rule of law, efficiency of law and efficiency legal action and legal regulation. The author explores the various doctrinal approaches to determining the effectiveness of law and law enforcement, analyzes studies of the Soviet and Russian legal thought in this area.
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.
On the basis of these studies examined the overall effectiveness of the dynamics of legal regulation. The results of the study allow us to conclude about the theoretical and practical importance of the question of the effectiveness of legal regulation, and the need for further study on this problem. The scope of the results of the research: academic literature and in the classroom on the theory of state and law.
Conclusions: the effectiveness of the dynamics of legal regulation represents the degree of timely improvement and development of the law undertaken with the aim of providing optimum satisfaction of society’s needs, matching the dynamics of social rhythm.
PROBLEMS OF LEGAL REGULATION OF LEGAL JUDICIAL RESPONSIBILITY IN THE RUSSIAN FEDERATION
Authors: Kotlyarov, Sergey Borisovich; Panfilov, Mikhail; Chicherov, Evgeny Aleksandrovich
Keywords: judge, judicial authority, legal responsibility, status of judges, jurisprudence ? qualification mistake
In work the public legal relationship connected with legal regulation of institute of legal judicial responsibility of the Russian Federation are investigated. Examples from practice of attraction or refusal in involvement of the judge to legal responsibility are analyzed.
PROBLEMS OF IMPLEMENTATION OF THE PROVISIONS OF FACTORY LEGISLATION IN IMPERIAL RUSSIA IN THE LATE XIX — EARLY XX CENTURIES
Author: Oshmarin, Alexander
Keywords: Factory legislation, workers, entrepreneurs, factory inspection, legal culture
The article is devoted to the implementation of the provisions of factory legislation in the Russian Empire. The chronological framework covers the end of XIX — beginning of XX centuries In the article on the basis of the particular facts identified and analyzed the factors affecting the implementation of the norms regulating the relations of employers and employees in this period.
QUESTION OF NON-TRADITIONAL METHODS OF FRAUD
Author: Smorchkov, Alexei
Keywords: deception and breach of trust, physical and psychological violence, special psycho-techniques
this article examines non-traditional, unexpected ways of committing fraud, the essence of which consists in the wrongful misappropriation of another»s property through the use of psychotechnical methods of influence on consciousness and will of the victim.
THE PARTNERSHIP BETWEEN THE STATE AND CIVIL SOCIETY: NECESSITY AND PROBLEMS OF FORMATION
Author: Fadeeva, Anastasia N
Keywords: civil society, government, non-profit organizations, government, activity, interaction, management, partnership
currently, there is a tendency of search of new effective forms of interaction between civil society and the state. These two political-legal phenomena exist and develop in tandem. The state commensurate with the peculiarities of relations in civil society, with their level of maturity. Therefore, the study of the development of forms of such interaction, their nature is extremely important.
PATRIOTIC EDUCATION AND FORMATION OF CULTURE OF INTERNATIONAL RELATIONS OF STATE EMPLOYEES
Authors: Gelyahova, Leila A; Sadikova, Larisa A
Keywords: executive authorities, patriotism, interethnic relations, tolerance, sense of justice
In their activities, civil servants are faced with various actors, including individuals with different nationalities. In this regard, civil servants should have such qualities as patriotism and tolerance, the formation and development of which must be carried out throughout the whole service.
PECULIARITIES OF CHANGES IN PARTY LAW IN MODERN RUSSIA. IS THE ACT LIBERALIZED ?
Author: Isaeva, Anastasiia Andreevna
Keywords: political parties, party law, the liberal reforms, state control
The article discusses the changes that were made to the law «On political parties» in the period since 2010 to 2016, which was marked by the authorities « desire to «liberalize» the party»s legislation. The paper identified the features included in the law changes, examines the impact of these changes on the activities of the parties, their relations with the state, noted trends in the development of party legislation.
VOTER REGISTRATION AS A GUARANTEE OF AN RIGHT TO VOTE
Author: Kudryashov, Evgeniy
Keywords: election law, voting right, special application, voter’s registration, voter’s list
This article is dedicated to one of the guarantees of an active suffrage — a voter’s registration procedure. The order of this procedure went through a significant revision due to the Russian Federation President’s elections. The aim of this work is learning the possible consequences of the new voting registration rules introduction. A legislator tried to take into account the migration processes and to simplify the voter’s voting access. Herewith the voter’s registration order is regulated by the act of the Central Election Commission in many ways. An author learned the innovation of the electoral legislation and made a conclusion that in the voter’s registration model, which is used in Russia, some features of the personal registration appears in a state model of the voter’s registration, namely the rules of state and personal registration are used in combination. These features will remove many barriers on the way of voting rights realization.
CONSTITUTIONS AND CHARTERS OF SUBJECTS OF THE RUSSIAN FEDERATION ACTS AS THE NON-FEDERAL LEVEL: PROBLEMS OF THEORY AND PRACTICE
Author: Malinenko, Elvira V
Keywords: constitutions and charters of the subjects of the Russian Federation, regional constitucionalista
The article is devoted to the study of the problems of constitutions and charters of the subjects of the Russian Federation as acts of a non-federal level and analysis of regional constitutionalism.
THE RECENT DEVELOPMENT OF INTERNATIONAL COMMERCIAL ARBITRATION IN SINGAPORE
Authors: Bezbakh, Vitaliy; Sitkareva, Elena
Keywords: international commercial arbitration, Singapore law, arbitration law, Singapore»s international commercial arbitration center, emergency arbitration
In the article, the authors conducted a study of the recent changes in the International Arbitration Act of 1994 (International Arbitration Act). This Asian city-state in recent decades has turned into an international business center, and its judicial system, based on case law, is also becoming increasingly popular for resolving disputes between investors and businessmen from around the world. Recently, among professionals in the sphere of international commercial arbitration, the tendency to «turn to the east» has become obvious, when the Russian side increasingly considers young, but well-established centers for dispute resolution in Asian countries and the so-called «Asian tigers» (Singapore , Hong Kong, Kuala Lumpur). Such centers offer a wide range of services, relatively low prices, arbitration-friendly state courts, production in English, a qualitatively selected pool of arbitrators for a variety of types of disputes, the ability for the parties to use any eligibility in the reservation, the opportunity for the parties to attract any representatives and bring to the enforcement of arbitral awards under the New York Convention. The authors of the article note that in Singapore there are two laws governing the activities of arbitration: the Arbitration Act of 2001 (for the resolution of internal disputes) and the 1994 Law on International Arbitration (for the resolution of international disputes). The authors of the article note that the legislation of Singapore in the field of arbitration is constantly being improved, taking into account the latest trends. The authors conclude that the constant aspiration of the Singapore International Arbitration Center for improvement, the implementation of the sought-after legal mechanisms, will lead in the near future to the declared goal of SIAC — to win the first place in the world in the ranking of the parties» choice for resolving an international commercial dispute.
SPECIFICS OF LEGAL REGULATION OF CERTAIN TYPES OF DRUGS
Authors: Vilgonenko, Irina; Suhacheva, Ludmila; Suhacheva, Ludmila
Keywords: medicines, legal regulation, patent, patent protection
The article defines the types of medicines subject to protection by means of patent law, and the study of legal regulation in relation to different types of medicines. Selected issues arising in the regulatory process of certain types of medicines. The necessity of further improvement of legal regulation of certain types of medicines.
THE CONCEPT AND TYPES OF ISLAMIC BANKING IN THE APR COUNTRIES: GENERAL PROVISIONS
Author: Ermakova, Elena P
Keywords: the law of the APR countries, the financial system, Islamic banking, sukuk, the law on Islamic financial services, Islamic financial services, Islamic banks, the Sharia consultative council
The article identifies the distinctive features of Islamic banking in the APR countries, including: 1) the ban on the collection of interest or riba, 2) the ban on investing in industries that are «haram» or not allowed in Islam (activities «Haram» includes the production and processing of pork, alcohol and the industry for the production and dissemination of pornography), 3) the duty of each Islamic bank to work under the guidance of a committee of outstanding Muslim scholars with experience in Islamic finance and Sharia. In general, Islamic banking is built on the principles of the prohibition of speculative activities and interest-bearing loans. The author emphasizes that although the Islamic financial industry remains only a small segment of the global financial system, Shari»ah-based banks are rapidly gaining popularity outside the Muslim market. This is facilitated by the relative reliability and stability of Islamic banks, which was noted in the IMF report for 2010 (after the financial crisis of 2008). The author examines the three most common components of Islamic banking in the APR countries: 1) Savings Accounts, 2) Personal Financing, 3)Investments. The author concludes that Islamic banking around the world shows an impressive pace of its development. However, in Russia this financial activity is not developed, although according to some data a quarter of the population of Russia is Muslims, as stated by the chairman of the State Duma Committee on Culture Stanislav Govorukhin. The creation of Islamic banks and the development of the Islamic banking industry in Russia could be another step towards making the country a leading global financial center.
The reported study was fîunded by RFBR according to the research project ¹17-03-00093 «à»(supervisor E.E.Frolova).
ALTERNATIVE WAYS OF RESOLVING FINANCIAL DISPUTES IN NEW ZEALAND: «FINANCIAL DISPUTE RESOLUTION SERVICE» — »FDRS»
Author: Ivanovskaya, Natalia Vladimirovna
Keywords: New Zealand law, ADR in New Zealand, alternative dispute resolution methods, financial disputes, Financial Dispute Resolution Service
The article examines the legal status and activities of one of four New Zealand centers for resolving financial disputes — the Financial Dispute Resolution Service (FDRS); the characteristic of membership in FDRS, procedure of settlement of financial disputes in FDRS is given. It is concluded that in the last 5 years the New Zealand government has made significant efforts to create an accessible and effective system for resolving disputes between consumers and financial service providers. All procedures for resolving disputes are completely free for consumers, all financial services for centers for the alternative settlement of financial disputes are borne by financial service providers. The FDRS service is a private company run by another private company, FairWay. FairWay Company until recently was Crown-ownership, and only from July 1, 2017 the company became private property of its employees (private employee-ownership). Activity Report The FDRS service for the fiscal year 2016-17 shows that the FDRS Service is a fairly successful and efficient organization.
PROBLEMS OF MEDIATION IN PRACTICE
Author: Kurkina, Natalia V
Keywords: mediation, public authorities, integration, family relationships, collective employment disputes
In the article the author considers the practical problems of mediation in family and labour disputes. The author brought judgment on the necessity of legislative consolidation of mediation in the resolution of labour disputes with a view to early resolution of disputes and minimize the work of the Commissions on labor disputes and arbitration courts.
DISCUSSION OF THE PROBLEMS OF THE MODERN RUSSIAN CIVIL LAW (SOME ASPECTS OF THE PROBLEM)
Author: Moroz, Elena Vladimirovna
Keywords: Civil law, discussion, contract, leasing, lessee, lessor, lease
The article aims to analyze the discussion about the legal nature of the lease agreement that took place in modern Russian civil law. The author discusses the main doctrinal approaches reflected in judicial and arbitral practice: the agreement of leasing as independent type of Treaty obligations, leasing is a tripartite agreement, a lease agreement as a separate kind of a lease agreement with a characteristic of qualifying signs. The methodology of the article made a special methods of research: comparative jurisprudence, system and structural analysis, formal-legal. In conclusion, the article concludes that the lease agreement is a separate contract and not included in the kind of lease.
MODERN METHODS OF PROTECTING THE RIGHTS HOLDERS OF THE TRADEMARK
Author: Navrotskaya, Alina
Keywords: intellectual property designations, trademark, violation of the rights of the right holder, system of measures of the trademark protection, illegal use of trademark, damages recovery, gathering of evidence, civil, administrative and criminal responsibility
The methods of protection of the trademark in connection with the growing number of producers of goods and services, the volume of counterfeit products and the illegal use of the trademark are very actual and requiring systematic attention of the legislator nowadays. The modern legislation provides for a wide range of trademark protection within the framework of civil, administrative and criminal law. The most actual today is the protection of rights in civil proceedings (part 4, art. 1515 CC RF) due to the fact that, as a result of the illegal use of the trademark, the damage caused is directly related to the financial losses of the right holder it is therefore important, first of all, the recovery of losses. The process of bringing to criminal responsibility is less demanded (Article 180 of the CCRF) due to the problematic of the gathering of evidence which requires the follow–up revision and optimization the legislation of responsibility for the illegal use of trademark.
THE CIVIL COURTS OF SOUTH AFRICA
Author: Ponomareva, Olga Sergeevna
Keywords: South Africa, civil process, BRICS, private law dispute resolution, court, judicial system
Throughout history, the activity of the courts was at the center of public attention and has not lost its importance. This can be explained by the fact that all relations existing in the society inevitably generated and generate conflict situations, the resolution of which the society laid on a specially created state system of the judiciary.
South Africa is the most developed state not only of the southern part, but of the entire African continent. February 18, 2011 South Africa joined the BRIC (the organization of the most rapidly developing countries, which includes Russia). As a result of the establishment of this organization, the trade turnover and investment flows between the five countries, since the moment of their merger,increased to a large extent. In connection with this, the study of all the features of the structure of the judicial systems of these countries as mechanisms for resolving disputes is becoming increasingly important. This article is devoted to the judicial system of the Republic of South Africa. Objectives: To investigate the structure and activities of the South African judiciary system in resolving civil disputes. Conclusion: It can be stated that there is an ever-evolving and improving decentralized system of courts in South Africa, whose activities in the administration of justice in civil matters in South Africa are regulated by the South African Constitution and a specially created system of legislation.
THE EXPERIENCE OF THE FAMILY COURT IN NEW ZEALAND: PRO AND CONTRA
Author: Pukhart, Alexandr A
Keywords: New Zealand law, family law, mediation, alternative methods of dispute resolution, family disputes, family court, mediation in family matters, civil litigation
The article presents an analysis of the legal regulation of the activities of the Family Court of New Zealand, describes its competence, specifies the requirements for judges, court personnel and court coordinators. The article reveals the reasons for the need for research in this area of legal knowledge. The author comes to the conclusion that the Government of New Zealand is taking significant efforts to introduce a fast and effective system for resolving family disputes, protecting the rights of the child. This is evidenced by a sufficiently large volume of normative acts devoted to this subject, both in the sphere of substantive and procedural law. Special mention should be made of such laws as the law on the upbringing of children in 2004, the Family Court Act of 1980 in Ed. 2014, the law on alternative settlement of family disputes in 2013, the law on district courts in 2016. But the efforts of the government of the country do not always achieve their goal. Currently, family justice in New Zealand is experiencing a crisis caused by the effects of the reform of the Family Courts Act of 2014, which led to an extremely busy family courts throughout the country and lengthy court proceedings.
FEATURES OF INCLUSION OF INFORMATION IN THE REGISTER OF UNSCRUPULOUS SUPPLIERS OF PARTICIPANTS IN THE EXECUTION OF ORDERS FOR STATE AND MUNICIPAL NEEDS
Author: Sadovskiy, Yan
Keywords: FZ-44, register of unfair suppliers, public procurement, liability of a legal entity
The article presents an analysis of specifics of inclusion of information about the participant in the execution of orders for state and municipal needs in the register of unscrupulous suppliers of participants. Not only the regulatory framework, but also judicial practice, was investigated, which led to the conclusion that the formal approach of the antimonopoly authority to the question of including information in the register is impossible. It is emphasized that one of the most serious measures of responsibility for negligent contractors (suppliers, executors) is the Register of Unfair Providers (RNP). On the official website of the Unified Information System of the Russian Federation in the field of procurement (www.zakupki.gov.ru) as of November 10, 2017, 287,708 customer organizations were included and information on its absence in the Register of Unfair Suppliers was provided for each customer. The author notes that the inclusion of information about a participant in the RNP deprives such a participant of the opportunity to participate in competitive procedures for the execution of state and municipal orders within two years. The article emphasizes that the Supreme Court of the Russian Federation in its definitions repeatedly pointed to the inadmissibility of a formal approach to the consideration of the inclusion of information about the contractor (supplier, executor) in the register of unscrupulous suppliers.
DIRECTIONS FOR IMPROVING STATE CONTROL AND SUPERVISION IN THE FIELD OF ENTREPRENEURSHIP
Author: Semenov, Yaroslav
Keywords: state control and supervision over the activity of business entities
The article is devoted to the consideration of problems of exercising state control and supervision over the activities of business entities.
The article deals with such problems of state control and supervision over the activities of business entities as the absence of a unified system for exercising state control and supervision over the activities of business entities, as well as a permanent reduction in the capacity of government bodies to exercise control and supervision over the activities of entrepreneurs and the insufficient significance of sanctions provided for by current legislation.
The article suggests ways of solving these problems of state control and supervision over the activities of business entities.
JURISDICTIONAL METHOD OF COPYRIGHTS PROTECTION IN RUSSIA AND ABROAD AS A SPECIAL WAY TO COPYRIGHTS PROTECTION
Author: Chumachenko, Ivan N
Keywords: ways to copyrights protection, the jurisdictional way the judicial protection of the copyrights, the court, international commercial arbitration
The article discusses the concept, essence and main features of the jurisdictional method of copyrights protection in Russia and abroad (for example, the UK, France, USA).
PROBLEMS OF WORK ON JOINT-STOCKING IN THE LABOR RULES OF RUSSIA
Authors: Anoprieva, Galina S; Melnikov, Sergei E; Melnikova, Tatyana E
Keywords: labor code, internal compatibility, external compatibility, work record book, overtime work, irregular working day, opt-out system
The article discusses the issues of regulation and the trends in the development of part-time work both in Russia and in Europe. The principal differences in terms such as internal and external compatibility, overtime work, and an irregular working day are highlighted. The authors dwelled on the significant changes proposed by the union of industrialists and entrepreneurs of Russia for inclusion in labor legislation. Investigated the role and importance of the work book in modern conditions, outlined the problems of protecting the labor rights of workers by trade unions. They showed the most acceptable ways to solve the problems posed in the article by outlining specific wording of the proposed changes to the Labor Code of the Russian Federation. The existing problems in this area are analyzed. Changes are proposed to the Labor Code of the Russian Federation with a view to systematizing the rights and obligations of the employee and employer.
TOURISM ACTIVITY IS THE BASIS OF IMPLEMENTATION OF THE IDEAS OF GEF BASIC GENERAL EDUCATION
Author: Tutukova, Madina Ramazanovna
Keywords: tourist activity, GEF, after-hour activity, socialization, education
The federal state educational standard of basic general education provides for the need for social, personal and intellectual development of students, their self-development and self-improvement, which ensure social success. The implementation of these ideas is carried out through extracurricular activities, one of the directions of which is tourism activity.
PRACTICE OF LEGAL PROTECTION AND RATIONAL USE OF ANIMALS
Author: Horokhiv, Dmitry Borisovich
Keywords: legislation on the animal world, Agricultural, Land, Natural resources Law and legislation, fauna objects, hunting economic activities, agricultural animals, damages caused to fauna
Provides a review of the monograph «Legal protection of the animal world», prepared on the basis of the all-Russian scientific-practical conference at the Institute of legislation and Comparative Law under the Government of the Russian Federation (Moscow, Publishing house of Law Institute MIIT, 2016. P. 258). There are advantages of a peer-reviewed scientific works: coverage of a wide range of problems of legislation and law enforcement practice in this sphere, the relationship of these problems with problems of agricultural, civil, administrative, criminal and other legislation that is in line with the task of providing for the comprehensive regulation of social relations in the field of environmental protection, rational use of objects of fauna, restore the proper rule of law. The monograph is distinguished by a highly scientific and yet lucid style of presentation, a thorough analysis of existing legislation and an extensive practice account foreign experience of legal regulation in this sphere, specific proposals to improve existing legislation and law enforcement practice.
SOME FEATURES OF COMPENSATION FOR ENVIRONMENTAL DAMAGE
Authors: Erin, Vasili V; Gunin, Evgenii Mihailovich
Keywords: environmental damage, ecological year, environmental legislation, environmental safety, forest
This article analyzes institute of environmental indemnity and some features of forest environmental indemnity. Authors explore definition of environmental damage and definition of forest as element of the environment. Decisions of Constitutional Court of the Russian Federation and District Courts of Arbitration, some methods of environmental indemnity (cash method, natural way, combined method) are being analyzed. Considering draft law authors offer some ways of environmental compensation.
GOOD FAITH IN CORPORATE LAW: RECENT DEVELOPMENTS AND FUTURE PROSPECTS
Author: Denisova, Anastasia
Keywords: Good faith, corporate law, civil law reform
The article is devoted to the principle of good faith in corporate law. Serious leap in the development of corporate law tooks place in the framework of the recent reform of civil law in 2013-2015. In particular, concept of good faith in corporate law has received its development. There are new rules about responsibility of heads of bodies of the legal entity for the violation of the principle of good faith. In this context, the aim of the article is to analyze the recent changes in corporate law regarding the liability of managers and authorities of legal person for the violation of the principle of good faith. On the basis of the conducted analysis the author offers to enshrine in the civil law list of criteria dishonest behavior of members of management bodies of legal entities. the Proposed changes will facilitate the development of uniform law in case of disputes.
PECULIARITIES OF QUALIFICATION AND APPOINTMENT OF PENALTIES FOR MURDER OF THE MOTHER OF A NEWBORN CHILD: ANALYSIS OF THE CRIMINAL LEGISLATION OF THE RUSSIAN FEDERATION AND THE LEGISLATION OF FOREIGN COUNTRIES
Authors: Abdulmyanova, Tatiana Vladimirovna; Asanova, Irina Pavlovna
Keywords: criminal legislation of the Russian Federation, criminal legislation of foreign countries, right to life, newborn, mother of the child, murder, privileged types of murder, criminal action and inaction, special subject, qualification, punishment
The article reveals the notion of privileged murder; the main directions of the criminal and legal protection of the life of the newborn; the actual problems of the criminal legal regulation of the criminal act set forth in Article 106 of the Criminal Code of the Russian Federation are shown; features of structure of structure and features of qualification of murder by mother of a newborn murder are considered; the peculiarities of bringing to criminal responsibility for the commission of the above-mentioned crime are examined. In addition, the article examines the judicial practice on the application of Article 106 of the Criminal Code of the Russian Federation.
SOME METHODOLOGICAL ASPECTS OF CRIMINAL LAW AND CRIMINOLOGICAL FORECASTING
Authors: Atabekov, Kairat Kulbakovich; Dosmatova, Asel Nyshanovna
Keywords: observation, description, comparison, deductive, inductive, deterministic (factorial), reference methods, a modeling method, a method of expert estimates, a method of the generalized scenario
Theoretical and practical questions of criminal law and criminological forecasting of crime, and a technique, structure and the contents of various methods of forecasting are considered in this article.
THE MAIN CHARACTERISTICS OF A MODERN CRIMINAL SITUATION IN KYRGYZ REPUBLIC AND IT’S DEVELOPMENT.
Authors: Atabekov, Kairat Kulbakovich; Dosmatova, Asel Nyshanovna
Keywords: forecasting, crime, criminal situation, condition of crime, reason of crime, crime tendency
In the article the main tendencies of crime for the last decade are analyzed, the modern characteristic of a condition of crime is given, the reasons of the happening changes of a criminal situation in Kyrgyzstan and a possibility of its forecasting are investigated.
MIGRATION RESTRICTIONS IN RUSSIA: CAUSES AND CONSEQUENCES
Author: Akhmedov, Mikayyl
Keywords: Migration, criminal responsibility, opposition, migrant, restriction
The peculiarities of the migration restriction in the Russian Federation are considered in the article. The author analyzes his state from two approaches: organizational and legal, considering them in aggregate, and the author himself comes to the conclusion that Russian legislation provides for a sufficiently developed system of measures to counter illegal migration.
THE CURRENT STATE OF THE INSTITUTION OF ADMINISTRATIVE PREJUDICE IN CRIMINAL LAW AND THE WAYS OF ITS FURTHER DEVELOPMENT
Authors: Akhmedov, Milayyl Nasreddin ogli; Sokolova, Yana Yurievna
Keywords: administrative prejudice, criminal collateral estoppel, humanization of criminal law, decriminalization, improve the criminal law
The article provides a theoretical and practical analysis of administrative prejudice in criminal law. The study was carried out on the example of the practice of application part 1 and part 2 of article 157 of the criminal code.
ISSUES OF CRIMINAL RESPONSIBILITY AND EXEMPTION FOR ORGANIZING ACTIVITIES AIMED AT INDUCING SUICIDE
Authors: Bahteeva, Elena; Grishin, Denis; Soshnikova, Irina
Keywords: inducement to committing suicide, voluntary cessation of criminal activity, active suppression of a crime, active disclosure of a crime
The authors analyze the elements of the offence, providing for criminal responsibility for organizing activities aimed at encouraging them to commit suicide (article 110.2 of the criminal code). Analyze the concepts and the evaluation categories used in formulating the dispositions of the article. Determine the conditions of exemption from criminal liability and legal content.
THE METHOD OF CRIMINAL-LEGAL INFLUENCE ON THE PERSON
Author: Gerasimov, Alexander Mikhailovich
The paper investigates the method of criminal-legal influence on the person. The aim of this work was to study the mechanism of implementation of the criminal law. In the course of the study used the dialectical method as a universal tool of cognition, combined with such General scientific and private-scientific methods as dogmatic (formal and logical), and system. The study established the essential elements of the criminal and legal impact on the person, reflecting the way the criminal law. The method of criminal-legal influence on the person defined as the formation at the level of the consciousness and will of the individual to the unacceptability of committing crime to meet their own interests, provided by the threat of punishment and the possibility of applying other criminal-legal measures for protection of protected objects, as well as to a remedy. Formulated definition might be the motive and basis for rethinking the content of a number of criminal law instruments for solution of problems facing the industry of criminal law.
TO THE QUESTION OF THE APPLICATION OF NON-TRADITIONAL METHODS IN OPERATIVE-COST ACTIVITY
Authors: Goliyndin, Nikolay Petrovich; Mashekuasheva, Margarita Hasanbievna
Keywords: combating crime, unconventional methods, operative-search activity, operative-search activities, information and analytical work, units of operational-search information Islam, Sharia
In the article, theoretical and applied aspects of the application of non-traditional methods of operational-investigative activity in the fight against crime are examined on the basis of an analysis of the practical activity of internal affairs bodies.
ANALYSIS OF JUDICIAL PRACTICE AND SENTENCING (ARTICLE 107 OF THE CRIMINAL CODE)
Authors: Grishin, Denis Aleksandrovich; Ivanovskaya, Alla
Keywords: murder in the heat of passion, verdicts, litigation
In the article the analysis of judicial practice and sentences under article 107 of the criminal code.
EMOTIONAL SUSTAINABILITY AS PROFESSIONALLY SIGNIFICANT QUALITY PROVIDING THE EFFECTIVE ACTIVITY OF THE STAFF
Authors: Mashekuasheva, Margarita Hasanbievna; Sadikova, Larisa A
Keywords: emotional stability, professional deformation, employee, internal affairs bodies
Professional activity of ATS officers often takes place in extreme and extreme conditions, which requires high level of self-control from the employees, ability to control their emotions. In this regard, among the professionally significant qualities of the personality of an ATS officer, quality is such a place as emotional stability. Today, the image of the Russian policeman, unfortunately, leaves much to be desired and moral — psychological training of police officers is one of the priority activities of the moral and psychological service of the Ministry of Internal Affairs of Russia. This is evidenced by a number of orders of the Minister of the Interior of the Russian Federation [2. from. 254].
SOME PROBLEMS ARISING IN THE LEGAL REGULATION OF WORK OF MEDICAL CORRECTIONAL FACILITIES WHEN PROVIDING THE MODE OF EXECUTION AND SERVING SENTENCE
Author: Mikheeva, Svetlana V
Keywords: convict, medical correctional facilities, tuberculosis, regimen of execution of the punishment, serving sentence regimen, imprisonment
In article the problems arising when functioning medical correctional facilities of FSIN of Russia are designated. The normative legal acts regulating activity of the designated institutions are analysed.
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, deduction and analogy.
The author offers changes in normative legal acts the regulating questions of the direction of convicts in medical correctional facilities and questions of the organization of work designated institutions.
PERSONALITY CHARACTERISTICS OF WOMEN COMMITTING CRIMES
Author: Simagina, Natalya
Keywords: personality, woman, crime
The article deals with the personality of women committing a crime. The effective directions of work on prevention of female crime are considered in the article.
ON THE INTEGRITY OF INTRODUCTION OF CRIMINAL RESPONSIBILITY FOR THE USE OF SUBSTANCES AND (OR) METHODS PROHIBITED FOR USE IN SPORT
Authors: Tarchokov, Beslan A; Shamaev, Arthur Muradinovich
Keywords: world community, physical education, sport, professional sport, anti-doping legislation, substances, methods, national prestige, criminal legislation
In the context of the complex situation in the world community, the Western countries are using all sorts of ways to influence our state in order to reduce its role in the world arena. Without denying the existence of a problem, we must admit that it is for this purpose that active, including propaganda work is being conducted to discredit Russian sports. Various organizations of some states require to recognize from the Russian Federation the existence of a state system of anti-doping laws violation by our athletes. Noting the presence of a large number of facts of use by Russian athletes of prohibited substances, the article identifies some proposals for improving the current situation in this area with the goal of restoring the honest name of the Russian athlete, and, consequently, the reputation of our state and raising the national prestige.
FACTORS AND CONDITIONS AFFECTING THE DEVELOPMENT OF RELIGIOUS FUNDAMENTALISM
Authors: Tarchokov, Beslan A; Shamaev, Arthur Muradinovich
Keywords: world community, globalization, religious fundamentalism, religious radicalism, terrorism, counteraction, law enforcement bodies
Abstract: In the context of globalization, when attempts are made to forcibly upgrade the countries of North Africa and the Middle East according to the Western pattern, the ideas of religious fundamentalism are increasingly popular. The rejection of the Western model imposed by the Islamic world has recently been increasingly expressed in the form of religious terrorism. The created situation creates conditions for opposing the religious environment to modern society by propagating the ideal socio-political models used in the past. We can distinguish two main groups of factors that determine the development of religious fundamentalism at the present stage: relating to social being and relating to the spiritual state of society. On the basis of these factors, the effectiveness of countering law enforcement agencies with the manifestations of radical religious fundamentalism directly depends on their activities.
THE PROSECUTOR IS A SPECIAL PARTICIPANT IN THE PROCEEDINGS ON ADMINISTRATIVE OFFENSES
Author: Tutukov, Albert Y
Keywords: public prosecutor, administrative offense, supervision, production, participant in the process
Possession of power by the prosecutor distinguishes him from other participants in the proceedings, and his lack of official interest in the results of jurisdictional activity distinguishes him from numerous executive authorities and their officials.
In the proceedings for administrative offenses, a special role is assigned to the prosecutor, who has a dual status: as a participant in the proceedings and as a subject of supervisory activities.
The author analyzes the powers of the prosecutor.
INFLUENCE OF CRIMINAL SUBCULTURE ON MINORS
Author: Tsvetkova, Elena
Keywords: subculture, minors, convicts, crime, group of pers
The article reveals the peculiarities of subculture influence on committing crimes by minors. It was concluded that the criminal subculture has a negative impact on the modern youth, since it is one of the factors causing the crimes committed by minors.
IS THERE A NEED TO ADOPT A SPECIAL EXTRADITION LAW IN RUSSIA? THE GERMAN PERSPECTIVE
Author: Shaibakova, Kamila
Keywords: Gesetz liber die internationale Rechtshilfe in Straftsachen, special law, extradition, surrender, political offences, Russian Federation, Germany, Criminal Code
The aim of the article is to conduct a research on the existing laws and legislation concerning the extradition in the Russian Federation. Extradition as a mean of international cooperation on the criminal matters is used more frequently now. Therefore, it is highly important to have a detailed law on extradition that will cover all potential issues. The current extradition legislation in Russia is fragmentary and non-systematic. Thus, there is an assumption that was used in the article that the special law on extradition can be a solution to the existing problems. Several states have such extradition laws. Nevertheless, Germany was decided to use as a basis for a comparative analysis. Germany and Russia both have a continental legal system and therefore they keep legislation as the foremost source of law. A comparative analysis shows that a considerable number of important extradition provisions are not covered or covered poorly by the current state of Russian law. The conclusion was drawn that, indeed, the creation of a federal law on extradition can become a solution to the problem of fragmentation and non-systematic character of the legislation.
FEATURES OF ORGANIZED CRIME ON THE TERRITORY OF THE FAR EASTERN FEDERAL DISTRICT IN THE SPHERE OF ILLICIT TRAFFICKING IN FOREST
Author: Shelemetyeva, Elena Vladimirovna
Keywords: ecological crimes, illegal turnover of forests, organized crime, Far East
The urgency of discussing the problem of organized crime in the Far Eastern Federal District in the sphere of illegal trafficking in forests is caused by the fact that crime has undergone significant qualitative changes at the present stage. Other organized forms of organized crime today are the main danger, especially in the sphere of forest management. The export of illegally harvested timber from the Far East leads to the almost complete disappearance of productive forests.
ABOUT MAINTENANCE OF FUNCTION OF ACCUSING OF THE PRE-TRIAL STAGES OF CRIMINAL TRIAL
Author: Vasilenko, Anna A
Keywords: criminal trial, contentionness of parties, function of prosecution, participants of criminal procedure, public prosecutor, investigator
In the real article maintenance of function of accusing comes forward the article of consideration of the pre-trial stages of criminal trial. A theme of work is research of the problems related to maintenance of function of accusing of the pre-trial stages of criminal trial. An aim of work is a study of questions of legitimacy of taking of separate participants of criminal procedure to the side of prosecution and arising up in this connection difficulties during realization by these participants of function of prosecution. At writing of this work the method of analysis of the systems was used. The author of this article produced the possible variants of decision of existent problems during realization by the hotel participants of criminal procedure of function of prosecution. An application of results domain is a pre-trial production in criminal business. In the total, an author came to the conclusion, that for effective realization of function of prosecution on the pre-trial stages of process a public prosecutor must return the plenary powers lost to them in connection with the Federal law ¹ of 83-ÔÇ from 05.06.2007.
THE SURVEY OF POTENTIAL JURORS BY THE PARTIES AS A STAGE IN THE FORMATION OF THE BOARD IN THE DISTRICT COURTS
Author: Zhadyaeva, Marina Aleksandrovna
Keywords: the court, jurors, criminal trial, criminal case, the formation of the board, practice
Since June 1, 2018 in district courts throughout the territory of the Russian Federation, it is planned to consider criminal cases by a court with the participation of jurors. The article examines the questioning of candidates for jurors by the parties as a stage in the formation of the collegium in district courts, and also analyzes the data of judicial practice on the most frequently asked questions to jury candidates. The author comes to the conclusion that a competent statement by the parties of defense and prosecution, as well as presiding questions to candidates for jurors, will contribute to the formation of an objective and impartial jury panel.
THE QUESTION OF THE RESOLUTION OF PETITIONS AT THE STAGE OF INITIATION OF CRIMINAL PROCEEDINGS
Author: Zebnitskaya, Anna
Keywords: petition, a criminal case, the test actions, appeal, decision-making mechanism according to the petition
The article analyzes the main problems arising from the statement of petitions at the stage of initiation of criminal proceedings. Discusses the concept and definition of mechanism for the resolution of the petition at this stage.
THE ISSUE AGE LIMITS OF THE PROCEDURAL STATUS OF A JUVENILE DEFENDANT AT CERTAIN STAGES OF THE CRIMINAL PROCEEDINGS ON THE MERITS
Author: Nadelyaeva, Tatyana V
Keywords: a minor defendant, age limits of the procedural status of participants of criminal proceedings, criminal procedural guarantees of observing the rights of juvenile defendants
This article, based on the experience of the courts of the Sverdlovsk region, is devoted to the search for ways to solve the problem of determining the age limits of the procedural status of juvenile defendants who committed a crime at a minor age and who have reached eighteen years in the process of legal proceedings. The author proposes changes to the current legislation aimed at strengthening criminal procedural safeguards for observing the rights of underage defendants.
THE QUESTION OF THE POWERS OF THE PROSECUTOR IN CRIMINAL PROCEEDINGS
Author: Nadyseva, Elvira Hanifovna
Keywords: the status of the prosecutor, powers, criminal procedure, the decree
In this article the author analyzes the main aspects of prosecutorial supervision in criminal proceedings, namely the legal status of the prosecutor in pre-trial criminal process. The author justifies the proposal on the return prosecutor some powers of initiation and termination of criminal cases.
CONSOLIDATION IN THE NATIONAL LEGISLATION ENSURING THE RIGHT TO PROTECTION IN THE MANUFACTURE OF INQUIRY IN ABBREVIATED FORM: A RETROSPECTIVE ANALYSIS
Author: Neryakhin, Artem
Keywords: Inquiry, short inquiry, the right to counsel, the police, the Prosecutor, the court
From the point of view of historical experience it is impossible to ignore the Institute of criminal procedural law, which guarantees everyone the right to protection, including in the manufacture of inquiry in abbreviated form because, on the one hand, the abbreviated inquiry is a relatively new procedure of pre-trial proceedings in a criminal case, on the other, according to some authors, has significant echoes of previously existing criminal procedure legislation. Given the different positions of the authors regarding the occurrence of reduced inquiry in its present form, we come to the conclusion about the necessity of a historical analysis of its origins, as well as ideas for the development of the principles of criminal justice, guaranteeing the right to protection. In order to build a logical sequence in chronological order, we decided, depending on the presence or absence of a codified act, identify several stages of development of the criminal procedural law, using six periods.
TO THE QUESTION OF THE CRITERION FOR DIFFERENTIATION AND APPLICATION OF CRIMINAL PROCEDURAL FORMS OF JUDICIAL PROCEEDINGS IN THE COURT OF FIRST INSTANCE
Author: Pruss, Anastasia R
Keywords: criminal process, the rights of the accused, criminal procedure, judicial proceedings
The article considers the problem of the absence in the criminal procedure law of the criterion of differentiation and application of criminal procedural forms of judicial proceedings in the court of first instance. As a result of differentiation of the general criminal procedural form, the accused has the right to petition for consideration of the criminal case in simplified or complicated forms of judicial proceedings. Each of these forms has an independent basis and condition. Despite this, in the criminal procedure law there is no single criterion for differentiation and application of forms of judicial proceedings. This leads to a tendency to unjustifiably expand the use of simplified criminal procedural forms of judicial proceedings, including on grave and especially grave crimes, against the backdrop of a reduction in the number of cases considered in complicated criminal procedural forms of judicial proceedings. The author has studied scientific publications, opinions of scientists on this issue, statistics of the Judicial Department under the Supreme Court of the Russian Federation and data of the Altai Regional Court. The conclusion is drawn on the need to establish in the criminal procedure law a single criterion for differentiation and application of criminal procedural forms, which should be the category of crime in accordance with the provisions of art. 15 of the Criminal Code. The results of the research can be used in scientific and practical activities.
INTERACTION OF INTERNATIONAL AND NATIONAL LAW ON ADAPTATION TO THE ADVERSE EFFECTS OF CLIMATE CHANGE
Author: Garafova, Diliara
Keywords: climate change, adaptation, Paris agreement, Adaptation committee
The issues of adaptation to the adverse effects of climate change are not less important than the mitigation problems. The article considers the main channels of interaction between international and national law on adaptation, analyzes the main provisions of the Paris Agreement on climate change adopted in 2015. The achievements of the Paris Agreement include the fact that, for the first time, the adaptation to the adverse effects of climate change was included in the objective of an international multilateral treaty. In addition, the author examines the national regulations of the Russian Federation on adaptation to the adverse effects of climate change and compares them with the national legislation of other countries. The article concludes that it is necessary to adopt a document regulating adaptation in Russia, despite the high adaptive potential of the country.
FORECLOSURE ON THE PLEDGED PROPERTY OF THE DEBTOR: CURRENT LAW ENFORCEMENT ISSUES
Author: Kameneva, Nina Olegovna
Keywords: pledge, mortgage, a recovery against property under pledge, methods of charging
The article presents the analysis of foreclosure on the mortgaged property of debtors. Identified some problems arising in practice in connection with the implementation of this legal institution.
SOME METHODS OF COMMITTING CRIMES IN THE AREA OF PUBLIC PROCUREMENT
Authors: Tkachuk, Tatiana A; Klyuchnikova, Maya Aleksandrovna
Keywords: methods of committing crimes, crimes in government purchases, state customer, participants in the procurement
The article is devoted to consideration of methods of committing crimes procurement participants in the area of public procurement. There are three main groups of illegal actions in the sphere of public procurement. Proposes a detailed classification of methods of committing illegal actions of participants of procurement.
PROBLEMATIC ISSUES OF USE OF THE OPERATIONAL EXPERIMENT IN FIGHT AGAINST OF THE CORRUPTION
Author: Maltsev, Vladimir V
Keywords: operative-search activity, law enforcement agencies, corruption, security, criminally punishable acts, operative experiment, the criterion of admissibility, legitimacy
The article deals with the specifics of the operational-search activity «operational experiment» to identify and document corruption-related crimes, the use of its results in operational-search and investigative practice. Purpose: The author analyzes corruption-related crimes, as well as measures to counteract them from the point of view of law enforcement, where a special place is occupied by an operational experiment. The actual issues of using the operational experiment on the grounds and permissible limits of its conduct are investigated in order to avoid provocative actions. Methods: The methodological basis of the study is the methods of induction, deduction, analysis, synthesis, comparison and observation, special attention is paid to the modeling method. Results: the author compares the causes and consequences of the incorrect application of the operational experiment, as well as the legal problems existing in this area. Emphasizes the definition of the permissible limits for the implementation of the operational experiment in order to avoid provocation by law enforcement officials. Conclusions: In conclusion, the author offers specific recommendations and proposals for improving operational-search legislation, including the use of ORM «operational experiment» in the interests of combating corruption.
STANDARD MECHANISMS OF THE ORGANIZED CRIMINAL ACTIVITY CONNECTED WITH FRAUD WHEN RECEIVING PAYMENTS
Author: Chumakov, Alexey
Keywords: Fraud when receiving payments, the crime mechanism, criminalistic means
In article some standard mechanisms of the organized criminal activity connected with fraud when receiving payments are considered. The author carries out the analysis of mechanisms of commission of crimes, problems of use of criminalistic means of counteraction to fraud when receiving payments are considered.
FILLING GAPS IN THE ACTS OF THE MANAGEMENT ON THE EXAMPLE OF THE PROCEDURE OF PROVISION OF THE OBJECT OF CIVIL RIGHTS ENCUMBERING THE PROPERTIES: ISSUES OF JUDICIAL PRACTICE
Authors: Biriukov, Ivan; Vasiliev, Igor; Frolova, Evgeniya
Keywords: cadastral passport, the sanitary protection zone, land encumbrances
Russian law provides several different legal procedures for vesting of the objects of civil rights properties encumbrances (limitations) rights of the owner. In most cases, for giving the object is necessary administrative act of the power authority. In this paper, we narrow the study to this procedure as making information about the limitations in the cadastral passport. The problem of entering information associated with fuzzy regulation of procedure in the legislation. Through the analysis of judicial practice the author draws conclusions about different relations to the situation of the courts.
A MINOR ENGAGED IN MANUFACTURE ON AFFAIRS ABOUT ADMINISTRATIVE OFFENCES
Author: Dyadkin, Oleg
Keywords: manufacture on Affairs about administrative offences, minor, psychologist, teacher
in the article the peculiarities of the participation of the minor in proceedings before courts concerning administrative offences and offers that provide the legal status of juvenile victims and witnesses.
PROSPECTS FOR THE DEVELOPMENT OF THE ORGANIZATION OF THE ACTIVITIES OF THE CUSTOMS SERVICE OF THE RUSSIAN FEDERATION ON THE EXAMPLE OF PRIOR INFORMATION IN THE EURASIAN ECONOMIC UNION
Author: Savchenkova, Alexandra
Keywords: customs service, preliminary information of customs authorities, international transportations, the legislation of the EAEC, customs administration, customs legislation
The article provides an analysis of preliminary information in the activities of the customs service on the example of normative acts of the Eurasian Economic Union. The author noted that preliminary information is the provision to the customs authorities of information in electronic form on goods intended for transfer across the customs border of the EAE, vehicles of international transportation that move such goods, time and place of arrival of goods to the customs territory of the EAEC. The author emphasizes that the economic security of our state, economic stability, social well-being of Russians depend on the activity of the Federal Customs Service. In modern conditions, the customs legislation is rapidly developing and improving — its reforming is conditioned both by active integration processes in the post-Soviet space and by administrative reform. The strategy for the development of the customs service of the Russian Federation until 2020, developed within the framework of the «Improving the Customs Administration» action plan, defines the key conditions and priorities for improving the customs service for the long term in connection with long-term goals and objectives, including in the information sphere. The transformation of the preliminary information on the improvement of the legislative base, as well as the modernization of the software tools of the CJSC Avia-PP, the KPS «Accounting and control of goods on temporary storage», CSC «Aist-M» will increase the opportunities for information exchange between software tools. The implementation of all the procedures described in the article and the introduction of new regulatory legal acts will contribute to improving the efficiency of customs control, the work of the customs services of the EEA member countries, as a result of which it will also be possible to achieve a tangible reduction in costs for representatives of the business community.
LEGAL BASIS FOR INTERNATIONAL AUTOMATIC INFORMATION EXCHANGE FOR TAX PURPOSES
Author: Tsepova, Ekaterina
Keywords: automatic exchange of financial information, international tax exchange, CRS, Common Reporting Standard, international agreements, financial accounts, country reports
The article analyzes the main regulatory legal acts governing the international automatic exchange of tax information. The legislative basis for the international exchange of tax information was created after the conclusion in Strasbourg on 25.01.1988 of the «Convention on Mutual Administrative Assistance in Tax Matters» (The Multilateral Convention on Mutual Administrative Assistance in Tax Matters). The author also analyzes the Multilateral Agreement of the competent authorities on the automatic exchange of financial information dated 29.10.2014, according to which data exchange with the participation of Russia will begin in 2018. The article pays special attention to regulating the collection and analysis of information on financial accounts to be transferred in the framework of international exchange on standard CRS. The legal regulation of participation in the international exchange of the Russian Federation is also considered. The action of the normative legal acts considered in this article will primarily affect persons with international business interests. In this regard, the author formulated a recommendation for Russian owners of foreign assets that use various forms of money management, assess the prospects and risks associated with the start of international exchange. To avoid its negative consequences, it may be necessary to assess the status of the tax resident jurisdictions in which there are financial interests, as well as change individual business arrangements and restructure ownership of assets.
MEDIATIVE TECHNOLOGIES APPLIED BY STUDENTS AS A BASIS OF EFFECTIVE CONSULTING AT THE WORK OF A LEGAL CLINIC
Author: Shumova, Kristina
Keywords: mediation, technology mediation, legal education, Legal clinic
The professional community in our country and abroad are interested in getting specialists who are able to perform professional functions without temporal adaptation. As a rule the claims of employers are reduced to the fact that students do not possess practical skills. Accordingly improve the quality of legal education depends on the integration of legal education and practice through the introduction of innovative practices.