No 2 (2016)
THEORY AND HISTORY OF LAW AND STATE, HISTORY OF LAW AND STATE STUDIES
4-9 1278
Abstract
The article discusses the main causes of perestroika from the point of view of the theory of democratic transit. It is proved that the USSR by the mid 80-s had reached a level of income per capita at which democratic transition is possible. The author substantiates economic, social and cultural preconditions of perestroika.
9-12 225
Abstract
The article considers the problem of development of the concept of state supervision in the domestic statutory acts of the autocracy. The author makes a content analysis of legal acts of the Russian state concerning state supervision in the second half of the 17th - early 18th century. The analysis enables the author to formulate the definition of state supervision.
CONSTITUTIONAL LAW, CONSTITUTIONAL JUDICIAL PROCEEDINGS, MUNICIPAL LAW
17-23 397
Abstract
The article, based on the normative legal acts, analyses methods of filling the position of the head of municipality. The author criticizes the current legislation and the existing law enforcement practice in some regions of the Russian Federation, which do not provide the right of citizens of the Russian Federation to select method of filling the position of the head of municipality. Considering the Republic of Kalmykia, Primorsky Krai, Smolensk, Omsk, Tyumen, Novosibirsk, Pskov, Moscow region and others it is stated that the legislative (representative) bodies of subjects of the Russian Federation changed the regional legislation, and therefore the representative bodies of local self-government managed to change the statute of the municipality and deprive local people of their right to independently determine the method of filling the position of the head of municipality. According to the author, the unification of the method of filling the position of the head of municipality does not comply with the Constitution of the Russian Federation and should be prohibited by law.
CIVIL LAW, BUSINESS LAW, FAMILY LAW, INTERNATIONAL PRIVATE LAW
24-27 263
Abstract
The article considers the legal construction of a security payment in terms of formal legal method of a scientific research. The author focuses on the drawbacks of civil law norms in § 8 of Chapter 23 of the Civil Code of the Russian Federation. The article highlights the key features of the structure under consideration, which are explained as part of a comparative analysis of the legal structure of the advance payment and forfeit.
28-34 323
Abstract
The article is devoted to the problems of termination of the contract and its legal effects illustrated by a property insurance contract. The author proposes a definition of termination of the property insurance contract and considers its main features. The article addresses the controversial issues of participation of third parties in the termination of the contract. The analysis of legal acts, judicial performance and the doctrine allows the author to propose improvements to the legal regulation.
CRIMINAL LAW AND CRIMINOLOGY, PENITENTIARY LAW
35-38 336
Abstract
The article is devoted to the current state of the criminal law policy of counteracting crimes against property. The focus is made on its main directions, such as law-making and law enforcement. The issues of unification and differentiation of criminal liability for crimes against property are under study. The author draws the conclusion that no unified approach is used when producing criminal law prohibitions criminalizing encroachment on someone else's property.
38-41 375
Abstract
The article deals with the basic structural elements of criminological characteristics of hindering the journalists' lawful professional activities. The authors analyze the individual characteristics of the offender and his victim, identify the causes of the crime under study. For the first time the typology of victims of crimes of this category is described and a system of victimological prevention measures is provided. Basing on the analysis of criminological characteristics of the crime under study the authors develop a set of measures aimed at preventing the obstruction of the lawful professional activities of journalists.
42-45 321
Abstract
The author explores the problematic issues of the beginning of the principle of presumption of innocence. Critically evaluate the currently existing position of the origin of the right to protection against unjustified allegations guilty to the crime since the initiation of criminal proceedings. Grounded approach to the beginning of this principle since, when in fact it became prosecute.
46-50 261
Abstract
The article analyses the special aspects of custody of the attached property under the Criminal Process Codes of the Russian Federation and Mongolia. It outlines the problem situations and proposes possible ways of solving them.
50-55 442
Abstract
The article examines the changes and additions to the Criminal Code of the Russian Federation, which caused establishing of special rules on liability for fraud, including payment fraud. The author examines the social danger of payment fraud, compares sanctions of the general norm on fraud (Art. 159 of the Criminal Code of the Russian Federation) and Art. 159.2 of the Criminal Code of the Russian Federation.
CRIMINAL PROCEDURE
56-59 248
Abstract
The article analyzes the explanations of the Plenum of the Supreme Court No. 29 dated June 30, 2015 “On application of laws by the courts ensuring the right to defense in criminal proceedings”. The author details the applied aspects of certain provisions of the aforementioned document within the criminal procedure legislation and estimates their significance for the judicial and investigative practice.
59-62 360
Abstract
The Criminal Procedural Code of the Russian Federation has considerably extended the rights of crime victim, making him a more active participant of the criminal trial. However, the analysis of legislation and law enforcement practice shows that in Russia the victims, both de jure and de facto are disadvantaged, the level of legal protection of the victim is significantly lower than the suspect's and that of the accused. The constitutional principle of trial proceedings on the basis of adversarial nature and equality of the parties presupposes parity of rights of the victim and the accused (suspect) as the parties to the criminal legal dispute.
CRIMINALISTICS, FORENSIC ACTIVITY, OPERATIONAL AND INVESTIGATIVE ACTIVITIES
63-67 269
Abstract
The article examines the criminal procedure nature of the detective activities and their place in the system of detection means. The authors suggest a novel system of detection means used to trace the suspects (accused).
ADMINISTRATIVE LAW, ADMINISTRATIVE PROCESS
68-73 281
Abstract
Analyzing the development of the Russian administrative and delict law, the author draws the conclusion about deformation of the legislator’s logic, who originally tried not to go beyond the general constituent elements of administrative offenses. The supplementing of the Administrative Code of the Russian Federation with special rules in 2009 made up for a legal gap, but the law enforcement practice of jurisdictional subjects is still controversial and often violates the rights of the subjects of the educational relationship. The study of specific incidents enables the author to make the conclusions about the need for a more thorough introduction of a set of principles of administrative law, including proportionality and the excessive formalism prohibition, into the Russian legal system.
74-78 257
Abstract
Qualification requirements for the positions in the Internal Affairs are analyzed in the article. Basing on the conducted analysis the author concludes that they need reviewing and further elaborating in regard to specification of professional knowledge and skills required for a particular position. This work should be carried out within the development of professional standards that in turn should be logically conformed to educational standards.
79-82 304
Abstract
The article considers legal and organizational problems of administrative activity of the Russian police in counteracting extremism. The author analyzes the legal framework of police activity to curb extremism, defines the place of the Interior agencies in the system of the state bodies engaged in combating extremism, investigates organizational issues of administrative activities of the police in combating extremism. On the basis of the conducted research the author gives his proposals on improving activities of the police in combating extremism.
83-87 270
Abstract
The author analyzes legal regulation of administrative liability of parents or other legal representatives who are responsible for the juveniles and suggests innovations to improve legal regulation of these relations.
87-90 230
Abstract
The article deals with foreign legislation concerning assistance given to intoxicated persons in a public place. The article is devoted to a detailed analysis of the foreign law enforcement officers’ activities when discovering intoxicated persons in public places, and describes the procedure of transfer and treatment of such persons in specialized institutions.
ISSN 2658-7602 (Print)
ISSN 2658-7610 (Online)
ISSN 2658-7610 (Online)