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HOW THE DEVELOPMENT OF THE CONCEPT OF LEGAL REFORM SUBSTITUTED BY LAW-ENFORCEMENT
Author: Vishnyakov, Victor G
Keywords: concept, legal system, legislation, public administration, administrative reform, stages of development of administrative reform, correlation of fundamental principles and the Constitution and current legislation
In an article by Doctor of Law, Professor VG Vishnyakov, an attempt is made to consider the experience of developing the concept of legal reform in the Russian Federation.
The reasons for its protracted nature, changing goals, content, changing the name are analyzed. The main reason for the difficult fate of the concept is that, according to the author, the deep essence of the phenomena taking place in Russia is not taken into account - the fundamental breakdown of the economic, political and social structures of Russian society that have developed over a long period of time.
Property, public relations, forms of state administration develop on the basis of objective laws in a natural way, on the basis of natural law. This takes into account the experience of generations..
PRACTICAL AND EXCELLENT DIFFERENCE OF TYPES OF LEGAL RESPONSIBILITY OF PHYSICAL, OFFICIALS AND LEGAL ENTITIES
Author: Osipian, Boris
Keywords: lawful and expedient distinction of different kinds of legal responsibility of physical persons, State officials and legal entities, definition of the notions of different kinds of legal subjects and specificity of their legal responsibility, correct choice of kinds, modes, terms and sizes of material and disciplinary recovers, as well as administrative and criminal punishments
In his article «Lawful and Expedient Distinction of Different Kinds of Legal Responsibility of Physical Persons, State Officials and Legal Entities» the author by means of historical, legal and logical analysis and definition of the notions of different kinds of legal subjects and specificity of their legal responsibility approaches to the resolution of the problem, which is connected with the necessary and obligatory account by modern legislators of legal character of their origin, target mission, designation and other functional features of legal subjects for correct choice of kinds, modes, terms and sizes of material and disciplinary recovers, as well as administrative and criminal punishments for the offences and crimes, committed by these legal subjects.
LAWYER AS THE DEFENDER OF HUMAN DIGNITY AND LEGAL RIGHTS OF THE ACCUSED IN CRIMINAL PROCEEDINGS
Author: Osipian, Boris
Keywords: defense lawyer as a protector of human dignity and legitimate rights of the accused in criminal justice, lawful possibilities for protection of the suspects, accused and defendants, who have trusted him, legislative amendments (supplements and changes) and additional methods of lawful rendering of an appropriate legal aid to the defendants, necessary and sufficient proofs which confirm innocence or assume considerably smaller criminally-legal responsibility and a measure of punishment for his defendants
In his scholarly-applied article «A Defense Lawyer as a Protector of Human Dignity and Legitimate Rights of the Accused in Criminal Justice» the author, making use of his long-term positive experience of defense lawyer’s activity, by means of revealing of lawful possibilities for protection of the suspects, accused and defendants, who have trusted him, offers concrete legislative amendments (supplements and changes) and additional methods of lawful rendering of an appropriate legal aid to the defendants on the basis of true detection, collecting, reception and representation to the bodies of inquiry, preliminary investigation and court for the true remedial position, as well as necessary and sufficient proofs which confirm innocence or assume considerably smaller criminally-legal responsibility and a measure of punishment for the accused, in comparison with those charges which have been put forward by the police and preliminary investigators and public prosecutors against his defendants.
TO THE QUESTION OF THE CONSTITUTIONS AND STATUTES OF THE SUBJECTS OF THE RUSSIAN FEDERATION
Author: Malinenko, Elvira V
Keywords: The Constitution of the Russian Federation, the subject of the Russian Federation, the constitution of the republic, the charter
In the article the author makes an attempt to determine the place of constitutions and charters of subjects of the Russian Federation in the system of sources of constitutional law, their interaction with other normative legal acts.
SOME ASPECTS OF THE LEGAL REGULATION OF SPECIAL ASSESSMENT OF WORKING CONDITIONS
Author: Mikhailov, Aleksandr Viktorievich
Keywords: labor protection, special assessment of working conditions, harmful and (or) dangerous production factor, hygienic standards
The article is devoted to specific issues of legal regulation of special assessment of working conditions. The author analyzes certain articles of the Federal Law of December 28, 2013 «On a special assessment of working conditions» and subordinate regulatory legal acts adopted to determine the methodology for conducting a special assessment of working conditions.
The article reveals gaps in the legal regulation of the special assessment of working conditions, and also substantiates the inadmissibility of applying numerical values of the levels of physical factors in the production environment that differ from hygienic standards when determining the methodology for conducting a special assessment of working conditions.
PROBLEMS OF BIOLOGY, ECOLOGY IN THE RUSSIAN LAW AND LEGISLATION
Author: Bogolyubov, Sergey Aleksandrovich
Keywords: ecology, law, legal knowledge, nature and the environment
A well-known biologist, corresponding member of RAS Alexey V. Yablokov was able to combine scientific and legal knowledge, actively participating in legislative activities of Parliament, leading the interdepartmental Commission of the Russian security Council on environmental safety; organized a Commission on environmental education under the government, held a meeting on combating environmental offences, he established and headed the centre for environmental policy of Russia; he died in January 2017.
COMBINING RESPONSIBILITIES AND RIGHTS SERVES ENVIRONMENTAL SAFETY
Author: Bogolyubov, Sergey Aleksandrovich
Keywords: environmental rights, natural resources, environmental obligations, environmental protection, responsibility of the State
Part of the national security of Russia is environmental safety. Its provision is influenced by different factors, including the combination of the implementation of environmental rights with the implementation of environmental responsibilities. Both are provided for in articles 42 and 58 of the Constitution of the Russian Federation, Land, Water, Forest codes of the Russian Federation, Federal law on subsoil of the animal world, on protection of atmospheric air. The last decades of the society, research focused mainly on the recognition, observance and protection of the rights of man and citizen in the sphere of nature. At the same time opusculos the importance of carrying out their duties in the field of environmental protection. In order to ensure environmental safety the necessary balance of rights, responsibilities of citizens and state responsibility for their implementation and for implementation of its environmental functions.
ELEMENTS OF PROVING THE NECESSARY DEFENSE, AS A VARIETY OF CIRCUMSTANCES, EXCLUDING THE CRIMINALITY OF THE ACT
Authors: Akhmedov, Mikayyl Nasreddin ogli; Orlov, Alexander Vladimirovich
Keywords: proving, circumstances that exclude criminality of the act, Criminal Code, necessary defense, extreme necessity, judicial practice, legislation, crime
In this paper, based on the opinions of authoritative scientists, we will establish a number of specific problems in proving the necessary defense as one of the elements of circumstances that exclude the criminality of the act in theory as well as in practice and offer our own solutions to these problems.
The subject of this study is a comprehensive theoretical study of problems in proving the necessary defense as one of the elements of the circumstances institution that excludes the criminality of the acts under the legislation of the Russian Federation.
The object of the study are public relations that regulate the necessary defense and other circumstances that exclude the crime of the act, as one of the most important elements of the criminal legislation of Russia.
The purpose of this paper is a comprehensive description of the system of circumstances that exclude criminality, as well as the development of a theoretical approach to understanding the essence of this criminal law institute, identifying problems in proving the necessary defense as one of the elements.
The theoretical and practical significance of the graduate qualification work is determined by its actuality and novelty. The analysis and conclusions can be useful in the further investigation of problems and aspects of application of the circumstances institution that exclude crime.
SOME PROBLEMS OF PAROLE: THE PROCEDURAL ASPECT
Authors: Belyakov, Alexey V; Ðaçîâa, Aíía Âañèëüeâía
Keywords: the hearing, conditionally-early release from punishment, the victim, the convict
This article is devoted to consideration of the problems connected with carrying out trial about providing to the condemned conditional early release from punishment. In particular, the issue of participation of the victim, as well as the individual approach of the court to the convict.
IS IT POSSIBLE TO RETURN TO THE RUSSIAN JUSTICE THE LAY ASSESSOR SYSTEM?
Authors: Tarasov, Aleksandr Alekseevich; Rakhmetullina, Olesya Raffakovna
Keywords: The lay assessor, the jury, the concept of judicial reform 1991, election, collegiality
In the context of the current problems of the Russian justice the author considered the feasibility of revival of the lay assessor system in the Russian Federation, which could become an addition of a functioning trial by jury. The author proposed and justified by the idea of electing lay assessors, the introduction of the age limit, taking into account the desire of candidates to participate in the administration of justice and the specific subject of the case.
IMPROVEMENT OF CONSTITUTIONAL AND LEGAL REGULATION OF JUDICIAL POWER AND PROSECUTOR'S OFFICE IN THE RUSSIAN FEDERATION
Author: Knyazhychenko, Kristina Y
Keywords: judicial authority, prosecutor»s office, state, system of state power
The article deals with the problems of constitutional and legal regulation of the judiciary and the prosecutor»s office in the Russian Federation. The author believes that it is possible to single out the institution of the Prosecutor’s Office as an independent branch of state power.
«BLACK HOLES» IN CRIMINAL-LEGAL REGULATION OF IMAGINARY DEFENSE
Author: Verina, Galina Vladimirovna
Keywords: principle of legality, gaps in criminal law, imaginary defense, self-defense, analogy of criminal law
In this scientific article imaginary defense is consider from the perspective of the principle of legality as an analogy of the criminal law. The failure of interpretation of this circumstance as innocent of harm is shown. The solution of this problem is offer by putting the institute of imaginary defense in Russian criminal law. The author's projects of article 37.1; pp. 2 articles 108 and 114 of the Criminal Code of the Russian Federation are present.
INFORMATION SUPPORT OF INTERACTION OF THE INTERIOR OF THE RUSSIAN FEDERATION WITH LAW ENFORCEMENT AGENCIES OF THE COMMONWEALTH OF INDEPENDENT STATES IN THE FIGHT AGAINST EXTREMISM
Author: Voronin, Mikhail Yurievich
Keywords: extremism, law enforcement agencies of the Commonwealth of Independent States, information needs, information exchange, interaction, the effectiveness of law enforcement
Supply with information of law enforcement activities is the subject of research by Russian scientists (SS Ovchinsky, AS Ovchinsky, VS Ovchinsky, SS Boskholov et al.) And foreign (AK Muldahmetov, T.B . Tokalov et al.). Demands constant research question information interaction in the field of law enforcement. An important trend is the information interaction of law enforcement agencies in the fight against extremism.
The study is aimed at the definition and content of the "information security" in the fight against extremism and picked in its connection with information needs. Reveals the direction of information exchange as a destination communication and its impact on improving the efficiency of law enforcement.
The results can be used in law enforcement, in the scientific and research activities in the educational process.
The work is intended for law enforcement officials, researchers, graduate students.
CONTROVERSIAL ISSUES OF THE GENERAL THEORY OF FORENSIC EXPERTISE AND EXPERTOLOGY
Authors: Averyanova, Taniana Vitalevna; Goruhov, Yuri Georgievich
Keywords: the General theory of the forensic expertise, expertology, paradigm, the concept, the legal and organizational basis expertology, and legal proceedings, the subject and the laws of the General theory of judicial examination, the subject and the laws of expertology
The article is devoted to the relationship between the concepts of "the General theory of the forensic expertise" and "expertology".
This article examines the views of scientists on these concepts; examines the definitions of the General theory of forensic expertology, as well as their subject matter; it is shown that the General theory of the forensic expertise unlike expertology is an independent science, metatheory, which is not just a synthesis of its grounds, and qualitatively new knowledge, has a peculiar structure with specific connections of the elements of this structure; it is noted that neither the legal nor the institutional framework expert activity cannot be included in the content as a General theory of legal expertise and expertology because the legal content of the forensic procedure is determined by the shape: it is realized only through procedural relationship, and substantive, the implementation of which provides the processes of appointment, preparation, production legal expertise and application of expert judgement in the processes of pre-trial and trial evidence.
In addition, in analyzed proposed by E. R. Rossinsky model of the overall structure of expertology, it is shown that it represents the content of various doctrines (theories) that are either already reflected in the previously proposed concepts of the General theory of forensic expertise or relevance to other Sciences.
Set forth in article judgments allow us to conclude that there is no need to replace the established name of "the General theory of the forensic expertise" less successful "expertology", even if the concept of this science made certain changes and additions.
PROBLEMS OF LAW: DEVELOPMENT OF FINANCIAL AUTHORITIES IN THE RUSSIAN FEDERATION
Author: Bulakov, Oleg Nikolaevich
Keywords: Êeywords: State Bank, Central Bank, the banking system, the development and establishment of the banking system
The paper highlights the process of formation and development of the financial authorities of the Russian Empire, the Soviet Union, the Russian Federation, Russian Federation. Much attention is given to theoretical issues becoming central (national) banks.
CRIMINAL POLICY AND THE FIGHT AGAINST ORGANIZED CRIME: HISTORY AND PROSPECTS
Author: Vasin, Yury Genndievich
Keywords: criminal policy, organized group, changing criminal law, effectiveness of the fight against organized crime, organizational and management measures, target-oriented approach, theoretical model of the program, the roadmap
Questions criminal law on social relations involve direct state security of the person from criminal attacks. If human rights and freedoms are protected from crime, then we can talk about an adequate legal regulation. Only an increase in legal provisions difficult to protect social relations of crime. These questions are the focus of not only lawyers Romano-Germanic legal system, but also representatives of the systems of case law. So, these issues have been studied by Allan Â. Morrison, H.L.A. Hart, sir Carleton Kemp Allen, Joel Samaha, Charles J. Zinn, Kenneth R. Evans, Douglas N. Husak, Howard Abadinsky et al
This article analyzes the history of the development of criminal law criminalizing of organized groups and criminal association (criminal organization). The efficiency of the fight against manifestations of organized crime is not in functional connection with the introduction of new criminal legislation of aggravating circumstances, the presence of which is associated with the onset of a threat of strict liability for crimes committed in organized groups. Proposals to improve the effective suppression of organized crime.
It seems that the proposed approach in the article expand the effectiveness of combating organized crime. The subject line of work of law enforcement should be implemented consistent, logically related measures, resulting from a serious scientific study.
Society must see that law enforcement bodies has prospectively oriented, clear and practically implemented a program of action in the fight against organized crime.
Work focused on a fairly wide range of readers. It seems that it can cause not only of interest from experts in criminal policy, lawmakers and law enforcers, but also students and graduate law schools interested in this problem.