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Siberian Law Review

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Vol 14, No 1 (2017)

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

6-9 336
Abstract
The article examines the legal nature of the construction of legal liability. A low level of doctrinal elaboration of “legal construction" category is noted. Based on analysis of issues and doctrinal positions the Author comes to a conclusion about the importance of further study of the construction of legal liability and denotes the criteria of scientific research and practical application of the construction of liability in law
10-14 419
Abstract
The article describes the criteria for ideas “failed state” and a “gray zone” of world politics. On the basis of States' implementation of the internal functions of the conclusion of the similarity of the past with the modern states and failed state “gray zones” of world politics. Identified three types of failed state in the modern world.

CONSTITUTIONAL LAW, CONSTITUTIONAL JUDICIAL PROCEEDINGS, MUNICIPAL LAW

15-18 225
Abstract
In this paper based on theory and practice an analysis is given of the application of the methods of management activities for the realization of the constitutional socio-economic rights of citizens of the Russian Federation.
19-25 314
Abstract
The Author discusses the legal nature of the Russian Constitution. A dialectical analysis is made of the concept of “main law” in the current doctrine of constitutional law, based on which concludes that there is no single approach to the nature of the object. During the general theoretical analysis of the legal system of the Russian Federation, the Author identifies a number of criteria, which differ the concept of a constitution from the concepts of "law" and " sub-legislative act". Based on the above, a conclusion is made about the imperfection of theoretical understanding of the legal nature of the constitution in modern Russia, an alternative definition of this concept and its place in the system of Russian legislation is given.

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

26-29 235
Abstract
On the basis of evidence of individual acts, a suggestion is made on the legal property of planned acts of state and municipal (public) customers. The answer to the question indicated to better identify the legislation in the field of procurement to ensure the needs of the public in the framework of the rights of domestic industries.

LABOR LAW, SOCIAL SECURITY LAW

30-36 250
Abstract
The article analyzes the problems of inter-sector cooperation and social-security standards with related legal institutions. On the basis of legal regulation of relations in the implementation of compensatory custody of adult capable citizens revealed specificity of interaction of norms various industries.

CRIMINAL LAW AND CRIMINOLOGY, PENITENTIARY LAW

37-42 418
Abstract
In the article some problems of implementation into the criminal law of the elements of crimes with administrative prejudice are analyzed. The Author conducted a theoretical qualification of the interaction of criminal and administrative law taking into account the amendments, introduced into the Criminal Code of the Russian Federation on July 15, 2016. On the basis of the examination of the opposite points of view on the existence in the criminal law of compositions of crime with administrative prejudice, the Author comes to the conclusion that the construction of data of compositions in the Russian criminal legislation is possible, but only after the clear study of the new concept of criminal-law legislation.
43-48 343
Abstract
The article examines modern scientific views on the definition of begging. The Author comes to the conclusion that currently there is no universal notion of begging, as every existing definition contains certain terminological flaws. There is also a restricted notion of begging from begging and vagrancy. The Author also offers an authentic definition of begging.
49-52 950
Abstract
The Author based on the analysis of various scientific investigations defines the term «pedophilia» and identifies persons who are pedophiles. In addition, the Author expresses the view that pedophilia as part of the offender, as well as the effect of pedophilia in the methodology of the investigation of violent sexual offenses committed against minors.
53-58 292
Abstract
Separate threats to the Russian Federation transport security are considered, an analysis of the concept, features and essence of «an act of unlawful interference» category is given. The ways of improvement of legislation in the field of study are proposed.

CRIMINAL PROCEDURE

59-64 253
Abstract
The article analyzes the legislative innovation relating to the investigative action “arrest of postal and telegraph dispatches, their inspection and seizure” and associated with the ability to seize and inspect electronic and other messages transmitted via telecommunication networks. The Authors conclude that these novellas do not agree with the subject, the form of investigative action “arrest of postal and telegraph dispatches, their inspection and seizure" and contrary to the normative legal acts regulating public relations in the field of electronic information.
65-69 262
Abstract
In the scientific article the Author analyzes the Federal Law of July 3, 2016 № 323FZ concerning the conditions of termination of criminal cases in connection with the appointment of measures of criminal-legal nature in the form of judicial penalty. Taking into account the positions of scientists, clarification of the Supreme Court of Russia, as well as the provisions of the practice, the Author comes to the conclusion that the termination of criminal proceedings on the statement of the grounds for criminal cases where there is no victim and no one to reimburse the harm caused by the crime, where there is no victim, but it is possible to repair the damage, as well as in cases with two objects compositions.

ADMINISTRATIVE LAW, ADMINISTRATIVE PROCESS

70-76 341
Abstract
The Author focuses on the institution of administrative judges as a fundamental pillar of the functioning of administrative justice of the country. With the help of a historical and legal analysis, the prototypes of the administrative judge in the US system of government and their evolutionary path of development are defined; on the basis of the existing legislation and the doctrine taxonomic concepts are given and comparative study is made of this American state-legal phenomenon. As a result, the author offers solutions to some doctrinal issues concerning the nature of the conflict of administrative judges in the system of the basic principles of American democracy.
77-82 297
Abstract
This article analyzes the introduction of the concept of «dangerous driving» in the Russian legislation. The definitions of dangerous driving enshrined in the laws of foreign countries as well as a mechanism of calling to account for this offense are considered. The Author notes that there are a number of institutional and legal issues which may arise in the implementation of this new regulation. The ways of how to address the mentioned problems and further perspectives of complementing and improving the dangerous driving rules are determined. Finally, the relevance of innovation was concluded despite its mixed assessment in the society.
82-89 382
Abstract
The article discusses the concept and content of the validity of adopted by the executive authorities and other bodies of public administration legal acts and committed by them legal actions as an important characteristic of law enforcement by these bodies. The Author concludes that the validity of the administrative law enforcement is not an independent requirement for it, and acts as an integral part of its legal requirements.
90-94 237
Abstract
The article is devoted to the new procedures of the providing citizens and legal entities of land from public property without competitive bidding, if necessary, the formation of the land or clarify its borders. Analyzed in detail the stages of the administrative procedure, the shortcomings are identified and ways to improve land legislation governing the providing of land from public property without competitive bidding are proposed.

TRIBUNE OF YOUNG SCIENTISTS

95-100 340
Abstract
This article discusses the basic directions of formation and development of the criminal legislation on responsibility for tax crimes since the days of Ancient Russia. Based on the research, the Author comes to the conclusion that the analysis of the historical path of the development of the above mentioned legislation is a necessary and fundamental aspect to further improvement of criminal-legal protection of tax relations.
101-104 256
Abstract
The article is devoted to the analysis of one of the basic theses of modern informational theory - “evidence in a criminal case”, namely the presentation of proof of how the unity of content (information about the event of the crime) and form (procedure source of this information). The Author proves the inconsistency of the formula to scientific ideas about the nature of information and understanding of the form in the dialectical materialism, as well as making the assumption of the presence of other, apart from the information constituting the content of the concept of “proof”.
105-111 251
Abstract
The article considers the settings for forming a delimitation of competence between Russian Federation and its regions in the field of social security. The Author makes a conclusion about the historical preconditions of the conception of legal regulation in the sphere of social security.
112-116 239
Abstract
In the article the main aspects of legal regulation of the institute of changing the type of correctional facility for imprisoned convicts are considered. According to the carried-out analysis changes in the criminal and criminal and executive legislation of the Russian Federation are offered.


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