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Siberian Law Review

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Vol 15, No 3 (2018)

THEORY AND HISTORY OF LAW AND STATE, HISTORY OF LAW AND STATE STUDIES

262-267 334
Abstract
The article presents the experience of philosophical reflection on the concept of citizenship. Citizenship is considered as a type of cultural identity associated with the belonging and loyalty of an individual to the state. Civil identification presupposes a certain political and legal culture of a person. It is emphasized that different types of social associations correspond to different principles of their sustainability. Civil society is based on a variety of forms of social associations and legal protection of their activities by the state. The opposition of civil society institutions to the state is possible only in the specific cultural and historical conditions of a number of countries of Western civilization. The Russian authorities support for a high level of civil identity through state protection of the population's interests will provide a stable basis for the long-term legitimacy of power. The high level of civic consciousness allows us to state a significant cohesion of people in the form of the state, strong cultural foundations of statehood.
268-271 447
Abstract
The presented article contains theoretical material examining one of major directions of practical jurisprudence, touching a legal technique. Modern legal technique is nothing more than a set of technologies for creating legal documents in the process of implementing a variety of legal activities that require documentary design. The article deals with issues related to types of legal technique, their nature, ways of implementation are analyzed.

CONSTITUTIONAL LAW, CONSTITUTIONAL JUDICIAL PROCEEDINGS, MUNICIPAL LAW

272-276 323
Abstract
The Author considers the problem of the relationship between the national constitutional courts and the courts of international organizations, focusing on the analysis of existing approaches to the characterization of their relations. Considerable attention is paid to the search for the necessary balance of interaction, which would allow both institutions of judicial protection to be preserved and, at the same time, increase the effectiveness of their activities. The study is accompanied by a study of the jurisprudence of the European Court of Human Rights and the constitutional courts of European countries. Based on the study of the experience of several European countries, it is established that the problem is systemic and relevant at the international level. The Author comes to the conclusion that the way to solving the problem of conflicts of judicial institutions lies in expanding the channels of cooperation and interaction, which will strengthen the guarantees for the protection of human rights and freedoms.
277-280 320
Abstract
The article deals with issues related to the system of procedure for selection (appointment) of judges, considering that the stability of the judicial system is an important condition for the principle of independence of the judiciary. These issues are considered in the context of the latest constitutional reforms. The evaluation of the ongoing reforms is based on international documents and recommendations of international organizations. The author offers practical recommendations for further improvement of the legislation, which can strengthen the position of the judiciary and become the basis for the development of independence of the judiciary.

CIVIL LAW, BUSINESS LAW, FAMILY LAW, INTERNATIONAL PRIVATE LAW

281-284 327
Abstract
In this article the importance of the spouse's consent to engage in civil law deals is considered. The specifics of obtaining consent of the spouse for the deal under the disposal of jointly acquired property are analyzed. In addition, proposals have been made to improve the legislation in the sphere of obtaining the consent of the spouse to dispose of movable property, as well as to dispose of the property by the spouse whose marriage is terminated by the time the transaction is concluded.

CRIMINAL LAW AND CRIMINOLOGY, PENITENTIARY LAW

285-291 347
Abstract
In the article, based on the analysis of the materials of criminal cases initiated in 2010-2015, an attempt is made to identify certain criminal characteristics of the personality of a typical convicted person who commits crimes in the form of disorganization of the institution providing isolation from society during the period of serving a criminal sentence in the form of imprisonment in correctional colonies of general, strict and special regimes. It was found that the commission of such crimes is typical of male persons with secondary education. As a rule, penitentiary criminals disorganizing the activities of institutions that provide isolation from society are not on preventive and medical records. However, such a category of criminals more often has two or more criminal convictions, the experience of committing crimes related to violence or the threat of its use, as well as crimes against justice and state power. A characteristic feature of convicts committing such crimes is also the fact that the majority of such persons are violators of the established regime of serving punishment.
292-297 345
Abstract
The article notes that the existing corruption manifestations in the criminal-executive system, including when deciding on the conditional early release of a person serving a sentence of imprisonment, have become quite frequent. An analysis of the explanations of the Supreme Court of the Russian Federation is given, which pays special attention to the issue of parole. It is noted that his explanations are designed not only to streamline the process of parole, but also to really help to release those who are not dangerous to society. To exclude violations when applying parole, which are analyzed in the article, it is necessary to take a number of measures within the framework of reforming the penal system.
298-303 390
Abstract
The article deals with issues related to the problem of criminal threats against minors. The relevance of the problem is exposed to criminological analysis, the concept of the threat to criminological safety of minors is given, the sources of threats faced by children are determined, various scientific points of view are analyzed regarding the concept of sources of threats to criminological security. The authors believe that under the sources of threats to criminological safety of minors may be phenomena that in one way or another are related to crime and create the danger of criminalization and (or) victimization of minors. Data of the author's research concerning the influence of certain sources of threats on minors are given. The authors believe that it is expedient to implement criminological safety of minors on an integrated basis with the coordinated efforts of all prevention subjects.

CRIMINAL PROCEDURE

304-309 338
Abstract
The article analyzes the explanations of the Plenum of the Supreme Court of the Russian Federation dated June 1, 2017 No. 19, concerning preliminary judicial control in criminal pre-trial proceedings. The author examines the applied aspects of certain provisions of the document in accordance with the current criminal procedure law, evaluates their significance for the judicial and investigative practice, notes the insufficiency of explanations of the Plenum on a number of conflict-of-laws issues, which adversely affects the uniformity of application of the provisions of the Code of Criminal Procedure of the Russian Federation, offers its own review of the provisions of the law, which were commented upon by the Plenum of the Supreme Court of the Russian Federation.
310-313 349
Abstract
The article examines the problem of realizing the investigator's authority to obtain samples for comparative research in connection with the existence in the criminal procedure legislation of the Russian Federation of a gap in the regulation of the relevant legal relations. The Code of Criminal Procedure of the Russian Federation, fixing the right of the investigator to obtain samples for comparative research from persons directly related to the committed crime, does not oblige these persons to provide the samples necessary for the conduct of procedural actions. Since obtaining these samples for a comparative study may be essential to establish the relevant circumstances of the crime under investigation, including the involvement (non-involvement) of a particular person in committing it, it is necessary to assign to the above persons the duty to provide such samples.Keywords: investigator's authority, procedural action, samples for comparative research.
314-318 497
Abstract
The author considers issues of the use by the prosecutor of powers to abolish procedural decisions of the investigation bodies about the refusal to initiate criminal cases. Based on the analysis of scientific provisions and law enforcement practice, a conclusion is drawn that the procedural activity of the prosecutor is insufficient to curb the facts of illegal refusals to initiate criminal cases. It is proposed to give the prosecutor authority to make independent decisions on the initiation of criminal cases after the prosecutor's repeal of the decision to refuse to open a criminal case. In addition, it is proposed to return to the prosecutor the right to give written instructions to the investigator on the progress of additional verification of the report on the crime, and also to determine its term independently in case the cancellation of the decision to refuse to initiate criminal proceedings in connection with incompleteness.

JUDICIAL ACTIVITY, PROSECUTORIAL ACTIVITIES, HUMAN RIGHTS AND LAW ENFORCEMENT ACTIVITIES

319-325 507
Abstract
The article is devoted to the study of the development of the legal framework of participation of the Prosecutor in civil cases by the courts since the establishment of the posts of prosecutors in 1722 also Dedicated two new historical conditions, when the prosecution was re-established and empowered to participate in the consideration of cases in courts. Analyzed the reasons for the creation of the prosecution, the powers of prosecutors, the relationship of prosecutors and courts.

CRIMINALISTICS, FORENSIC ACTIVITY, OPERATIONAL AND INVESTIGATIVE ACTIVITIES

326-329 386
Abstract
This article deals with the problem of counteracting illicit cultivation of narcotic plants, which is a fairly common crime in the sphere of drug trafficking. The idea that counteraction to these crimes is possible with the help of modern methods of investigation is substantiated. The authors of the article consider such structural elements of the methodology for investigating the illicit cultivation of plants containing narcotic drugs or psychotropic substances or their precursors, as initial investigative situations and a system of tactical tasks in each of them. The authors focus on the need to determine the sequence of actions, to make out an algorithm of the investigation process in order to improve the quality of the preliminary investigation. Based on the study, the authors proposed a set of general and facultative tactical problems of investigation of this type of crimes, subject to resolution, the variability of which is determined by the initial investigative situation. The study justifies the idea of the need to improve the existing forensic methods and the development of universal guidelines, the construction of an investigator's algorithm for investigating crimes of this type.
330-334 313
Abstract
A number of aspects of criminalistic prevention of theft committed by employees at enterprises are considered in the article; the results of the study of individual theoretical sources and the authors' monitoring of the opinion of employers on the effectiveness of criminalistic prevention of such crimes are presented; concluded that employers should be involved in this preventive system as its active subjects; the problem of employers' lack of knowledge is indicated, which makes this process difficult or makes it impossible at all; concluded that the importance of legal education in companies as a means of forensic prevention of theft committed by employees in enterprises.

ADMINISTRATIVE LAW, ADMINISTRATIVE PROCESS

335-340 321
Abstract
The article on the basis of a comprehensive analysis of the modern administrative procedure legislation of the Russian Federation developed the concept of judicial-administrative cases arising from the relations of state control (supervision). The typical types (categories) of judicial-dministrative cases arising from the relations of state control (supervision) and considered by the courts of general jurisdiction, arbitration courts are identified. A proposal was made to develop a special Plenum of the Supreme Court of the Russian Federation, as well as measures to systematize and optimize the procedures of administrative proceedings, aimed at eliminating the uncertainties and conflicts of administrative and procedural regulation of judicial resolution of cases arising from the relations of state control (supervision). are identified. A proposal was made to develop a special Plenum of the Supreme Court of the Russian Federation, as well as measures to systematize and optimize the procedures of administrative proceedings, aimed at eliminating the uncertainties and conflicts of administrative and procedural regulation of judicial resolution of cases arising from the relations of state control (supervision).
341-345 299
Abstract
On the basis of doctrinal provisions the article deals with the problem of legal existence of the taxpayer's legal interest. The author analyzes the normative and non-normative (natural-legal) points of view and concludes that these two legal approaches are complementary, not exclusive. Examples of the existence of both objective and subjective legal interest of the taxpayer not implemented in the legislation on taxes and levies are given. The diversity of legal interests of taxpayers allows to distinguish two forms of their existence: textual expression in the rules of law (positivation) and in the consciousness of the taxpayer. At the same time, legal interests that are not mediated by the law are not less protected. The role of the taxpayer in the process of positive legal interests that have not found a normative shell is shown in the framework of the implementation of the principle “everything that is not prohibited by the law is allowed”.
346-350 284
Abstract
The subject of the study is the norms of the Russian legislation on civil service in the Russian Federation providing the participation of representatives of scientific, educational and other organizations who are the state civil service experts and participate in the civil service staff recruitment and evaluation in the Russian Federation. The object of the research is devoted to public relations formed by signing agreements with representatives of the scientific community and other organizations indicating salaries. In the article the author points out the peculiarities of borrowing private legal constructions in the field of public law for signing the agreement. The paper presents the problems of compliance of the agreement with the regulatory requirements in order to recognize the deal. It’s formulated the proposals on improving the procedure for recruiting representatives of scientific, educational and other organizations for participating in in the civil service staff recruitment and evaluation, and paying them salaries.
351-355 324
Abstract
The article analyzes the reasons for the Commission of certain administrative offenses in the field of traffic. It is concluded that the Commission of offenses for which the responsibility is provided for in article12.37 of the Code of Administrative Offences of the Russian Federation “Non-compliance with the requirements of compulsory insurance of civil liability of vehicle owners”, part 3 of article 12.23 of the Code of Administrative Offences of the Russian Federation “Violation of the requirements for the transportation of children established By the rules of the road” and a number of others, is caused primarily by economic factors, including the apparent disproportion between the amount of administrative punishment and economic benefit received by the offender in case of non-compliance with the established rules. In this regard, the author proposes to take into account not only the social danger of the committed illegal action, but also the economic component that affects the choice of the road user between the lawful and illegal variant of behavior when establishing the amount of punishment for administrative offenses in the field of road safety.
356-361 287
Abstract
The article examines the issue of appealing decisions that are made by officials of the federal state fire supervision during inspections of buildings and structures, the legal owners of which are organizations and citizens. It is substantiated that as one of the mandatory conditions for appealing against such decisions is the violation of their rights, legitimate interests of citizens or organizations, judicial control over the legality of law enforcement activities of state fire supervision authorities should be carried out in order to ensure protection and restoration of violated rights and legitimate interests of individuals and organizations. It is concluded that the fact of issuing an order to conduct an audit, an act of verification can not violate the rights, legitimate interests of citizens or organizations, so they cannot be an independent subject of judicial control in the course of examining cases related to challenging the results of inspections, violations of fire safety requirements.

CIVIL PROCESS, ARBITRATION PROCESS

362-365 348
Abstract
The article is devoted to the study of procedural guarantees of the realization of the right to appeal to the court of citizens and organizations for the protection of rights and legitimate interests. The existing guarantees of protection of rights and legitimate interests existing in civil and arbitration processes are considered. As a result of the study of the legal framework, the author makes a number of proposals for the further improvement of the civil procedural and arbitration procedural legislation aimed at ensuring the realization of the right of citizens and organizations to apply to the court for the protection of rights and legitimate interests.

TRIBUNE OF YOUNG SCIENTISTS

366-371 288
Abstract
In July 2017 Federal Law № 250-FZ amended the Criminal Code of the Russian Federation related to tax evasion, fees and insurance premiums. To clarify the content of these short stories, the author refers to the corresponding provisions of the legislation of the Russian Federation on taxes and fees, compulsory insurance, identifies the contradictions that exist between them and the criminal legislation. In this paper, the criteria for differentiation by the legislator of insurance premiums for tax and non-tax payments are considered. The purpose of this paper is to develop proposals and recommendations on improving criminal liability for tax crimes by assessing the effectiveness of the adopted changes, identifying the merits and demerits of new versions of “tax” articles. According to the results of the research, the author suggests using the term “tax payments” in tax crimes.
372-376 362
Abstract
In the question of determining the concept of “invalidation of transactions”, the prevailing approach is the one that determines such grounds as defects in the transaction structure (in terms of will and will, subject composition, content and form), leading to the possibility of qualifying it as invalid. This view can be characterized as formal, based on a literal interpretation of legislative norms. This approach suggests the author to oppose the essential approach, proceeding from the interpretation of the grounds as the reasons for the legal regulation of legal institutions in one form or another. At the same time, the key category in determining the content of such grounds is the category of interest as a specific social need for the legal regulation of certain social relations resulting from the economic structure of society and the political features of its development.
377-381 342
Abstract
In article the question of types of intention, possible is considered at infringement of life of the employee of law enforcement agency, various points of view of rather this subject of discussion are analyzed, judicial and investigative practice of application of the criminal legislation on responsibility for infringement of life of the employee of law enforcement agency is investigated, concrete ways of permission of the available problems of a legal treatment of crime, responsibility for which is provided by art. 317 of the Criminal Code of the Russian Federation, are offered.


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ISSN 2658-7602 (Print)
ISSN 2658-7610 (Online)