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Siberian Law Review

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No 4 (2016)

CONSTITUTIONAL LAW, CONSTITUTIONAL JUDICIAL PROCEEDINGS, MUNICIPAL LAW

4-10 252
Abstract
The Author studies the problem of general jurisdiction courts’ appeals to the Constitutional Court of the Republic of Armenia with a request to review the constitutionality of a legal act as a condition for the implementation of the principle of independence of courts and judicial power. There are cases where the courts have expressed a legal position regarding the constitutionality of the provisions of a legal act, thus carrying out constitutional justice. At the same time, there are facts, when the courts do not at all considerthe request of the parties in the legal case to appeal to the Constitutional Court, nor do they motivate their refusal of such a request. The Constitutional Court of the Republic of Armenia insists that the courts motivate their decisions on such requests by the applicant. The solution of the problems requires a new quality of constitutional thought and culture.

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

11-21 310
Abstract
The article considers different views on the legal nature of possession, defines the meaning of the discussion on this matter. A historical and comparative analysis of the problems of possession protection in Russia and in foreign countries is carried out. Special attention is paid to the question of indirect (double) possession. After analyzing upcoming changes in the legal regulation of property relations, the Authors express their opinion on expediency of introduction of the institution of possessory protection in the modern Russian civil legislation.
22-25 243
Abstract
On the basis of a systematic analysis of the powers of public authorities, as well as legislation on contract system in the field of procurement of goods, works and services for state and municipal needs, the Authors come to a conclusion about the need to improve the existing legislation in this field of public relations.
26-31 228
Abstract
The article is devoted to the analysis of civil and housing legislation in the sphere of the protection of the rights of owners of the common property of apartment buildings. Critical evaluation is given to the criteria, сreated by judicial practice, in order to determine whether the basement of such a building may be owned by one person.
32-37 251
Abstract
The article investigates the realization of the principle of certainty (specialty) of rights on things from the standpoint of the Concept of development of the legislation on the law of things, the Concept of development of civil legislation of the Russian Federation and the draft of Federal Law № 475386 «On Amendments to First, Second, Third and Fourth Parts of the Civil Code of the Russian Federation and certain legislative acts of the Russian Federation». According to the analysis of these concepts and federal law drafts the Author proposes changes and amendments to the bill to ensure full implementation of this principle in the Russian civil law.
38-43 291
Abstract
The article is devoted to the category “reasonable time” in civil proceedings. The Author proves that the lack of a legal definition of “reasonable time” refers it to the valuation category that allows determining the reasonableness or unreasonableness of the time of legal proceedings in particular circumstances of the case. Summarizing doctrinal approaches, the Author concludes that “reasonable time” is a term that is sufficient and necessary to provide timely judicial protection of violated rights and freedoms, estimated by the judge in particular circumstances of the casetrial.

CRIMINAL LAW AND CRIMINOLOGY, PENITENTIARY LAW

44-50 305
Abstract
This article examines some of the complex aspects of criminal policy in the sphere of counteraction to extremism. The main attention is paid to the question concerning the imperfection of the legislation in the sphere of counteraction to crimes of an extremist nature. An attempt is made to reveal the main causes of extremist crimes in criminal statistic materials. Considerable attention is paid to the interpretation of objective elements of crimes of an extremist nature on the examples of judicial and investigative practice of the Siberian Federal District. In conclusion, the Authors proposal some recommendations for optimizing the antiextremism legislation.
51-56 259
Abstract
The study of the application of law practice under Part. 2 of Art. 314.1 of the Criminal Code of the Russian Federation indicates that among the bodies of preliminary investigation, prosecutors and courts a unified understanding of the objective components of this crime is missing. Under the objective side of the crime the investigation body actually means an arbitrary set of facts, committed an administrative offense under Article 19.24 of the Administrative Code and the offenses provided for in Chapter 6, 19 and 20 of the Administrative Code. The Author studied the various aspects of problem solving to bring the perpetrators to justice.
57-63 292
Abstract
The article analyzes the basic postulates of the principle of territorial application of criminal law in space in relation to the global computer network - Internet. As part of the comparative legal method various approaches of American, German, Russian forensic scientists to the resolution of conflicts regarding the infrastructure of the Internet, computer information and features of the action of the national criminal law in these countries are analyzed.
64-68 284
Abstract
Since the entry into force the Criminal Code of the Russian Federation is subject to constant changes which are associated with both decriminalization and criminalization of acts. This process is due to the obligation of the State to protect lawabiding citizens from criminal offences and, thereby, implement the articles of the Constitution, taking into account the realities of criminology. Replenishment of the Criminal Code of the Russian Federation, with new articles requires a systematic approach of the legislator. Analysis of some new norms allows us to conclude that they initially contain defects that would adversely affect the formation of a single vector judicial practice.
69-74 249
Abstract
In the presented article possible measures are considered directed to the toughening of the way and conditions of serving sentences in the for of imprisonment for crimes of an extremist and terrorist orientation. The main distinctive features of the enlargement of extremism at the present stage are highlighted. The Ability and tendency of the mentioned category of convicts of having a negative influence on other persons who are contained in places of detention together with them is noted. On the basis of the carriedout analysis proposals are given of changing a number of norms of the criminal and criminalpenal legislation directed to isolating convicts of crimes of an extremist and terrorist orientation for the purpose of safety and stability of an operational situation in correctional facilities and also toughening criminal liability for committing such crimes.
75-78 257
Abstract
This article analyzes the individual crimes of extremist orientation, located in Section 29 of the Criminal Code, which, in our opinion, is necessary in order to distinguish it from provisions of the General Part of the criminal law of complicity in a crime (Art. 282.1, 282.2 and 282.3 of the Criminal Code). The Author tries to reveal the reasons of legislative and lawapplication problems of crime elements by comparing them with the institute of complicity. As a result of the research the Author offers solutions to the problems identified.
79-83 279
Abstract
The article considers questions relating to the diversity of theoretical comprehension levels of criminological safety of minors. The Author analyzes the normative legal basis of activities of subjects of prevention and protection of children's rights.

CRIMINAL PROCEDURE

84-90 299
Abstract
The article is devoted to the institution of the removal of a judge in criminal trial proceedings, which is regarded as the most important guarantees of fair criminal justice. Based on the definition of the nature and content of the mechanism for the removal of a judge, the Authors offer an analysis of the problems of the application of law that accompany its implementation in modern criminal proceedings.
91-94 238
Abstract
On the basis of the existing order of submission of materials to the court by an investigator needed to decide on remand in respect of criminal prosecuted person, identify problems familiarize the defense with these documents at trial. The Author studies norms of the Criminal Procedure Code of the Russian Federation, decisions of the Constitutional Court of the Russian Federation and the Supreme Court of the Russian Federation, as well as interviews with practitioners in this aspect. As a result, a conceptual approach to solvingthe identified problem is proposed.
95-100 242
Abstract
The article analyses the provisions of the Criminal Procedure Code of the Russian Federation, which establishes the volume of criminal case materials to be presented for review to the participants of the process. Practical recommendations for the familiarization in modeled situations are given.
101-106 298
Abstract
The article examines the procedural status of the person in respect of whom an investigation is conducted of a report of crime in the manner prescribed by article 144 of the Criminal Procedure Code of the Russian Federation. The order of the realization of the right to protection under a criminal investigation is studied. The problem of correlation of the status of lawyer and defender is considered.

CRIMINALISTICS, FORENSIC ACTIVITY, OPERATIONAL AND INVESTIGATIVE ACTIVITIES

107-111 678
Abstract
The article is devoted to the uncovering and investigation of a crime, hidden in the means of arson. With the use of examples from the investigative and judicial practice of the Republic of Buryatia various methods and motives of arson committed in order to conceal other crimes are considered.
112-117 217
Abstract
The article is devoted to the contents of forensic characteristics of frauds committed while receiving maternity (family) fund. Its contents discovers the system of elements of forensic characteristics of the abovenoted frauds covering the most relevant aspects of crimes of a given type.

ADMINISTRATIVE LAW, ADMINISTRATIVE PROCESS

118-126 249
Abstract
The research paper deals with the administrativelegal regime of the mining of gold, the thesis on the impact of regulatory gaps in this area on the crime situation in some gold -mining regions is argumented. A proposal to include in the legislation the term “nonindustrial goldmining” is proposed, possible content of this concept is revealed.
127-131 442
Abstract
The paper defines the problem of the initiation of an administrative case and conducting an administrative investigation on cases of identifying signs of minor theft under Art. 7.27 of the Code of Administrative Offences of the Russian Federation in cases where the identity of the offender at the time of committing minor theft is not established, this person is not detained. Guidance on the application of this provision under the existing legislation and on amendments and supplements to the law on administrative offenses is offered.
132-135 294
Abstract
In this article the Author analyzes various approaches to the definition of the notaries in the legal science of the Russian Federation: definition of the notary as organ systems and how collectively notarial acts. Proves the fallacy of the position of the individual authors of administratively identifying the notaries to the system of law enforcement and supports the view of experts of civil law on the attribution of notaries to authorities undisputed civil jurisdiction. Based on the above, the Author proposes the definition of a notary.


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