No 3 (2016)
THEORY AND HISTORY OF LAW AND STATE, HISTORY OF LAW AND STATE STUDIES
4-9 310
Abstract
The article examines two groups of ideological and political sources that form the basis of the Soviet state doctrine of education. The overarching objectives set by the Soviet state in 1917-1930s, included fundamental changes in the education system, basic provisions and principles were reflected in the writings of the leaders of the state and educational authorities, as well as in the party regulations.
CONSTITUTIONAL LAW, CONSTITUTIONAL JUDICIAL PROCEEDINGS, MUNICIPAL LAW
10-16 238
Abstract
This research paper is about the conceptual, theoretical and practical aspects of legal institute of redistribution of authorities between local government bodies and the bodies of the Russian Federation state power. Prerequisites for introduction, the content and expert estimates of the specified legal Institute prospects are investigated in the paper. From the goal-setting theory position in the study the main objectives for which achievement the local self-government was included in the state system mechanism of the Russian Federation are formulated and author's vision of hierarchy of these purposes is offered. Considering the hierarchy of local self-government objectives the author attempts to estimate the prospects of improving the authority redistribution mechanism between local self-government bodies and the bodies of the Russian Federation state power and formulate the forecast of probabilistic results of the analyzed legal institute introduction into the local selfgovernment modern system.
17-22 271
Abstract
The article deals with the problem of understanding the terms "region" and "the subject of the federation" and their correlation. It analyzes the concept of the term "region" and identifies its signs in respect to the federal structure of the state. The research done proves the identity of the semantic content of the terms "region" and "the subject of the federation".
CIVIL LAW, BUSINESS LAW, FAMILY LAW, INTERNATIONAL PRIVATE LAW
23-27 258
Abstract
The article deals with the main stages of the development of ideas about the subject as an essential condition of the contract: pre-revolutionary, soviet and modern. The authors conclude that at all these stages the contract subject has always been a part of essential conditions but its content in the soviet era was determined by the planned acts, and in the pre-revolutionary and modern stages it is determined by the parties to the contract.
28-34 438
Abstract
The reform of the Civil code of the Russian Federation has significantly changed the provisions governing the obligations also through review of the main approaches to the compensation of damages. In Russia the applicability of such a sanction as compensation for damages has been unreasonably narrowed for a long time. This paper analyzes the general approaches and principles of the updated legislation and judicial practice concerning the proof and compensation of damages in civil and arbitration proceedings.
35-39 268
Abstract
The article contains the notion of legal interest. The author analyzes the problems of distinguishing legal interest from the subjective legal right and legal duty.
CRIMINAL LAW AND CRIMINOLOGY, PENITENTIARY LAW
40-45 239
Abstract
The paper deals with legal aspects of criminal law impact on environmental crimes in the Russian Federation. The author examines the effectiveness of criminal liability for ecological crimes. The essence and proportionality of criminal punishment for the specified type of crime is under consideration.
46-50 274
Abstract
The article outlines the problems which can arise after passing the draft of the federal law “On Amendments to the Criminal Code of the Russian Federation and the Criminal Procedure Code of the Russian Federation on the improvement of the grounds and procedure of exemption from criminal responsibility”. The authors suggest the ways of optimization of the Russian criminal legislation providing for exemption from criminal responsibility or punishment and make recommendations to the legislator.
51-53 230
Abstract
The article deals with the problem of criminal responsibility of individuals for the illegal issue or forgery of documents entitling to obtain superpotent or poisonous substances. The author gives examples from judicial practice, makes recommendations on legislation improvement.
54-57 312
Abstract
The article reveals the content of the subject of the crime provided by article 258.1 of the Russian Criminal code. Attention is drawn to the need to clarify the criteria for the selection of wildlife for the list of particularly valuable wild animals and aquatic biological resources belonging to the species included in the Red List of Threatened Species of the Russian Federation and (or) protected by international treaties of the Russian Federation. The article contains recommendation for supplementing the list of especially valuable wild animals and aquatic biological resources protected by norms of Article 258.1 of the Russian Criminal code.
58-60 253
Abstract
The article handles the problem of studying personalities of those who commit crimes in public places in Mongolia. Most of these crimes are committed by men aged 24-35 year-old males with secondary education, unemployed and alcohol intoxicated. The author distinguishes the following types of persons committing crimes in public places: situational, unstable, malicious and abnormally malicious. The modern Mongolia witnesses these types of crimes as systematic ones. They negatively influence the majority of public being the cause of the citizens’ fear and decreasing the sense of security. The Mongolia Ministry of Justice statistics report proves that crimes in public places are especially evident in Mongolia cities.
61-64 282
Abstract
The article reveals the characteristic details that make up the content of blackmail as a type of extortion. The author concludes that the current version of the rules on extortion artificially narrows the scope of this provision, which can not but influence the effectiveness of the fight against this type of crime.
CRIMINAL PROCEDURE
65-68 232
Abstract
The present article is a continuation of the author's publications which can be entitled "The Quality of Criminal Procedural Legislation". The estimate made led to critical judgements of the content of the definition "consent" given in Article 5 of the Criminal Procedural Code of the Russian Federation and reckoned by the legislator among the main concepts. The author gives grounds and makes suggestions for improvements in the legislation.
JUDICIAL ACTIVITY, PROSECUTORIAL ACTIVITIES, HUMAN RIGHTS AND LAW ENFORCEMENT ACTIVITIES
69-74 256
Abstract
The article is devoted tо the study of normative development and contemporary legal regulation of challenging decisions, actions (inaction) of state authorities and officials for citizens and the Prosecutor to protect their rights. The study of scientific approaches and legal framework рroposed a definition of the term "challenging the decisions, actions (inaction) of bodies of state power, bodies of local self-government and officials in court".
CRIMINALISTICS, FORENSIC ACTIVITY, OPERATIONAL AND INVESTIGATIVE ACTIVITIES
75-79 212
Abstract
The authors explain the practical relevance of specifying preliminary investigation of crimes committed against journalists because of their professional activities. The primary objective of this phase is to link the crime with the professional activities of the journalist victim for solution of which the most optimal set of investigative actions is offered.
80-84 285
Abstract
Taking into account specific features of objective nature of the studied acts the author proves that it is necessary to make an algorithm of the investigator's and interrogation unit activities in investigation of cellular frauds. The literature revised, investigations of this category of cases enable the author to identify the most typical mistakes in activity of the specified subjects of law enforcement agencies and formulate the algorithm of investigative and other procedural actions performed for detection and investigation of cellular frauds.
ADMINISTRATIVE LAW, ADMINISTRATIVE PROCESS
85-90 238
Abstract
The article identifies the relationship of the Administrative code of the Russian Federation on administrative offences and the array of federal legislation regulating the exercise of executive and local authorities of state control (supervision) and municipal control. The estimate made enables to highlight such unlawful act done by the inspected legal entity or individual entrepreneur as a "violation of the mandatory requirements" and two interrelated bunches of administrative coercive measures applied by the public administration to check the persons (a complex of preclusivepunitive measures and a set of preclusive-rehabilitation measures). The author suggests his ways to organize preclusivepunitive and preclusive-rehabilitation measures and procedures of using these measures by enacting the Russian Federation Code on administrative responsibility and the Code of administrative jurisdiction of the Russian Federation.
91-95 252
Abstract
The article considers the problems of inconsistence of normative acts regulating police powers in the sphere of road traffic safety. In particular, the right to stop a vehicle and other powers in the sphere of road traffic are vested only into specialized police forces (State Inspection of Road Traffic Safety of the Russian MIA). The question of similar powers other police officers possess remains unsolved, as they keep the right and duty to use norms of administrative liability in the sphere of road traffic. The attempted research allows the author to suggest optimization of police powers.
96-101 250
Abstract
The article analyzes the current problems of enforcement, arising in connection with bringing the guilty to administrative responsibility for driving the line or release the vehicle for the transportation of goods and (or) passengers without technical controls (tachograph). The authors formulated proposals clarifying certain provisions of the Code of Administrative Offences, and agency regulations.
102-106 468
Abstract
The general concept of omission in law, as well as the concept and main features of inactivity on the part of executive bodies, other public administration agencies and their officials in their administrative law enforcement are examined, conditions of legality of such inactivity are under study.
CIVIL PROCESS, ARBITRATION PROCESS
107-110 213
Abstract
The article analyzes offered by the Supreme Court of the Russian Federation models of the civil and administrative writ proceedings in the light of future changes. The authors propose to unify the timing a court order and the objection by the debtor.
ISSN 2658-7602 (Print)
ISSN 2658-7610 (Online)
ISSN 2658-7610 (Online)