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Siberian Law Review

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No 3 (2015)

ТЕОРИЯ И ИСТОРИЯ ГОСУДАРСТВА И ПРАВА

4-7 164
Abstract
The article identifies the problem of spiritual safety of the person, studies the acts regulating rights and freedoms of the person in the religious sphere; the focus is made on the state policy in this sphere. Insufficiency of the taken measures for ensuring spiritual safety of Russians in the conditions of modern distribution and promoting of new religions is emphasized.
7-11 223
Abstract
In theory and practice of federation development a current problem is the correlation between the notions “federation” and “federalism”. There are a large number of definitions of both federalism and federation. The author suggests versions of interpreting these notions and sets forth the possible ways of employing them.
12-14 244
Abstract
The author analyzes the place of precedents in the process of the convergence of legal systems, influence thereof on natural merge of Anglo-Saxon and Roman-German legal systems and therefore positive reflection of these processes in regulatory consolidation of precedent as a source of law.

CONSTITUTIONAL AND INTERNATIONAL LAW

15-19 184
Abstract
The article is devoted to the problems of implementation and procedures of reconstructing model of juvenile justice system, it considers foreign and domestic experience (problems) of juvenile justice. The author compares the doctrines of juvenile justice, including the doctrine of punitive and understanding justice.
19-22 139
Abstract
The article analyzes the current problems of the constitutional and legal regulation of religion in European countries.

ADMINISTRATIVE LAW

23-26 160
Abstract
The article is devoted to the activity of administrative agencies of the USA (the Federal Trade Commission as an example). The authors investigate functions of the above named commission to establish the constitutionality of the agency’s adjudicative process; examine the reasons, negatively influencing the work efficiency of administrative agencies and their officials and recommend a number of particular measures for their elimination. The article also gives directional ideas on development of the institute of administrative adjudication in the USA and ways to solve basic problems interfering this process, appreciably caused by lacks of legal regulation.
26-32 179
Abstract
The author estimates administrative freezing of capital construction as a type of punishment for violating laws in this sphere. The article provides the mechanism of freezing of capital construction as a serious alternative for fine sanctions.
32-35 170
Abstract
The article is devoted to comparative legal analysis of legal regulation of the institute of settlement agreement in Ukraine and Russia in the resolution of administrative disputes in court. The author draws attention to the differences and prospects of development of legislation in this area.
36-39 155
Abstract
The article is devoted to the problems of combating corruption through the influence of public structures and public opinion, in particular their influence on the adoption of normative legal acts by the government authorities in the region.

ГРАЖДАНСКОЕ ПРАВО

40-44 159
Abstract
The article discusses the theoretical issues of correlation of terms used to refer to the agreement of commercial concession, as well as related issues arising from legal practice and theory of civil law.
45-48 136
Abstract
The legal problems of an inheritance share in charter capital of LLC by the surviving spouse are under consideration. The article focuses on normative legal regulation and law enforcement practice in this sphere. The authors offer an algorithm of the registration of rights to inheritance share in LLC.

УГОЛОВНОЕ ПРАВО И КРИМИНОЛОГИЯ

49-51 235
Abstract
The author investigates the stages of committing a deliberate crime, its features and types from the aspect of criminal law.
52-54 195
Abstract
The authors examine the guarantees of rights and freedoms of man and citizen in part regarding postmortem treatment of the body with dignity, make an integrated estimate of normative acts regulating the security of the object of crime under Article 244 of the Russian Criminal Code
54-59 164
Abstract
The article outlines the problem of qualifying unlawful indecent assault. The author presents and analyzes the experience of foreign legislators in this area, identifies positive and negative aspects, makes the main conclusions for the optimization of the domestic criminal law providing for liability for indecent assault.
60-65 179
Abstract
The article reveals one of the primary questions related to identification of the criteria of social threat of extortion. Examining the modern texts, statistical information and received empirical data the author makes the conclusion on the subject under study. It is stated in particular that social threat is determined not only by its multi-object nature, such criminological indicators as spread and latency but also by the public’s extremely negative attitude to this phenomenon.

УГОЛОВНЫЙ ПРОЦЕСС И КРИМИНАЛИСТИКА

66-69 195
Abstract
The article analyzes the ways of using special knowledge in the inspection of the scene during investigation of violent crimes
69-71 145
Abstract
In this article the author offers an option to improve the procedure for the announcement of the testimony of victims and witnesses, aimed at ensuring the right to a fair trial.
71-74 169
Abstract
The article describes the questions of the organization of pre-trial proceedings, which characterizes adversarial and mixed criminal proceedings.
75-77 180
Abstract
The article deals with the basis for the procedure of conducting undercover investigative actions under the new Criminal Procedural Code of the Republic of Kazakhstan.


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