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Siberian Law Review

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Vol 14, No 3 (2017)

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

238-243 261
Abstract
The article presents an approach to the sustainability of the social system as a phenomenon of the preservation of society via the changes. The notion of “legitimacy” is actualized, expressing the correspondence of the existing law and order and acting authority to the universal principles of human and social life. Legitimacy is interesting as a social consensus, achieved in the dynamics of social life. It means the adoption of legal and political norms by the subjects of interactions and the lack of demand for power resources to maintain the legal order. Cultural identity is considered as a factor of social stability. The cultural identity of the people is connected, on one hand, with ethno-national and regional identity, and on the other hand, with the self-determination of people as citizens of an integral state and carriers of the historical values of a particular country. Legislative opportunities for ensuring the complex sustainability of multicultural social education are indicated.

CONSTITUTIONAL LAW, CONSTITUTIONAL JUDICIAL PROCEEDINGS, MUNICIPAL LAW

244-249 260
Abstract
The article analyzes the legal nature of the institute of municipal law - the assembly of citizens. From the position of theoretical jurisprudence, the Author analyzes the features of citizens’ assembly: normativity, content, principles, subject of legal regulation, subject composition (participants and organizers of citizens’ assembly), functions. Based on the analysis of municipal legal acts, a classification of citizens’ assemblies is carried out, as well as problems of the legal regulation of citizens' assemblies
250-254 421
Abstract
In the present study the Author investigates different classifications of guarantees of the rights and freedoms of a man and a citizen, based on the theory and practice of the analysis of the basic and additional guarantees of constitutional socio-economic rights of Russian citizens. The Author has formulated the concept of additional guarantees of social and economic rights of the citizens. The research paper deals with the importance of additional guarantees for the implementation of the social and economic rights of the citizens, enshrined in the Constitution of the Russian Federation. A proposal has been made to investigate additional guarantees, which will allow regions and municipalities to adopt the experience of successful securing of the constitutional social and economic rights of the citizens.
255-259 314
Abstract
The article defines the place of supervision functions within the system of the functions of prosecution bodies of the Russian Federation as one of the priority sectors of prosecutorial supervision. The legal regulation of prosecutorial supervision of the rights and freedoms of Russian Federation citizens is examined. The Author reveals the specific features of the subject of prosecutorial supervision in compliance with the constitutional rights of the individual to work based on the results of the current legislation system analysis. The assumption of the need for changes to the Prosecutor General of the Russian Federation organizational and administrative documents in order to increase the efficiency of prosecutorial supervision over the observance of individual’s constitutional rights to work is expressed.

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

260-263 249
Abstract
In this article, the Author reveals the need to develop a special training course for the legal clinic, which should give students the opportunity to learn the basic skills and analytical thinking necessary to provide quality legal services. In addition, the article presents a number of organizational aspects of working with clients of the legal clinic, which give an overall picture of the competent and well-founded construction of the clinical educational process.

LABOR LAW, SOCIAL SECURITY LAW

264-267 274
Abstract
The purpose of the Author's research is to find the patterns of development of labor legislation in Russia in the period of the 19th-20th centuries. The scientific and practical significance of the research is the formulation of legal problems of legal regulation in the field of labor relations , taking into account the analysis of modern practice of local regulation and judicial acts. The methodology of the study includes a systematic approach and comparative-historical analysis. The Author comes to the conclusion that the evolution of Russian labor law is a continuous search for an optimal balance of interests of the employee, employer and the state against the background of changing historical conditions. As a result of the study, conclusions were also drawn about the general formalization of labor legislation, the lack of control in this sphere, the need for the parties of labor relations to strive for balance of interests.

LAND LAW, NATURAL RESOURCES LAW, ECOLOGICAL LAW, AGRICULTURAL LAW

268-271 281
Abstract
The article investigates individual cases of limitation of the right to stay in the forest by regulations of forest legislation. The cases of restricting the stay of citizens in the forests in order to ensure fire safety and sanitary security in forests and the safety of citizens in the performance of work are analyzed. Judgments of the courts on the legality and illegality of the fencing of forest areas that prevent citizens from accessing them are given. Attention is drawn to the practical problems arising from the imperfection of legal regulation of relations in this area.

CRIMINAL LAW AND CRIMINOLOGY, PENITENTIARY LAW

272-278 609
Abstract
The article examines the development trends in domestic criminal legislation of such a legal phenomenon as circumstances that exclude the criminality of the act. In particular, it points to the inviolability of the positions of this institute in the criminal law regulation of the rights of each person to protect their own interests, as well as the interests of others. Stability of its positions in the Russian criminal legislation is noted, regardless of the changes in the qualitative and quantitative nature introduced into it.
279-283 404
Abstract
The main problems of art. 354.1 “Rehabilitation of Nazism” of the Criminal Code of the Russian Federation, designed to prevent the spread of Nazi ideology, both in terms of legal technique and competition with other compounds are analyzed. The Authors suggest possible ways of solving the problems found.
284-287 255
Abstract
The article considers problematic issues of calculating the amount of unpaid tax. Certain complications in law enforcement cause the calculation of the share of unpaid tax, which affects the qualification of tax crimes. Having examined the discussion points of view, the Author comes to the conclusion that the share of unpaid taxes cannot exceed 100%.
288-294 236
Abstract
The research paper investigates the features of medical support in penitentiary institutions in Russia and Mongolia. The current state of infectious safety in places of deprivation of liberty is analyzed and an attention paid to diseases most common among convicts (tuberculosis, HIV infection, psychological disorder, abuse of narcotics, alcohol dependence etc.). The causes which promotes the spread of infection diseases are determined. The article also deals with issues surrounding realization of international standards in correctional facility activi ties. An individual emphasis is given to the legal regulation of mandatory testing for the detection of HIV infection. The Authors analyze disputed issues arising in the activities of health and prophylactic facilities and health and penitentiary facilities concerning the content of certain categories of convicts and granting lengthy visits. Measures aimed to prevent the spread of infectious diseases are proposed. Suggestions are also made in order to improve the Russian and Mongolian penitentiary legislation.
295-299 265
Abstract
The article is dedicated to the research of statutorisation of criminal liability for actions which cause conditions of unlawful drug use. The research paper consistently examines regulations on their compliance with the fundamental categories of criminal law and the objectives of law enforcement activities. Conclusions are drawn about the inconsistency of certain provisions and solutions are determined. Based on the doctrinal provisions of criminal law and materials of judicial practice, proposals are formulated to improve the legislative description of the offenses that create conditions for illicit drug use.
300-304 342
Abstract
The Author considers the quality of the construction of the criminal law provision which is stipulated in article 126 of the Criminal Code of Russian Federation (Kidnapping). The Author signifies some application problems of the concerned article, researches judicial interpretations of the elements of crime characteristics and opinions of contemporary scientists who propose to redraft the article. The Author also analyses the law of Armenia, Belarus, Kyrgyzstan, Turkmenistan, Tajikistan and Latvia. On the basis of the research the Author concludes that a primitive disposition which doesn’t include elements of a criminal conduct doesn’t meet the requirements of legality and legal certainty, and, because of the above-mentioned reason, the Author proposes his own definition of the disposition of kidnapping.
305-309 318
Abstract
The article discusses issues related to the provision of criminological security of minors at the national level. The Author analyzes the normative legal basis and main directions of activity of subjects of prevention of the violation of child rights in the Russian Federation. The Author believes that the current system of legal guarantees of criminological security of minors not fully meet modern requirements of protection of rights, freedoms and legitimate interests of adolescents. In particular, the legislation of the Russian Federation is largely focused on protecting the interests of disadvantaged segments of the population, including minors, being in socially dangerous position. It is proposed to improve the existing legislation through the adoption of a new federal law “The bases of the system of prevention of offences and security of minors”, which will be an important step towards building a legal state.

ADMINISTRATIVE LAW, ADMINISTRATIVE PROCESS

310-314 386
Abstract
The article discusses the legal and ethical aspects of loyalty as one of the foundations of state service in the Russian Federation, which is enshrined in the regulations of some foreign countries and, currently, is not reflected in Russian legislation. The study of foreign experience of legal regulation and organization of public service allows to draw a conclusion on the necessity of the principle of loyalty of the civil servant, incorporating it into the Russian legislation. The Authors substantiate the idea that the specificity of modern social relations, their dynamics, require the introduction of the principle of loyalty in the scientific revolution, the normative legal acts regulating the activities of state servants in Russia. According to the Authors, very important are legal and institutional aspects of the stimulation of the loyalty of the Russian civil servant.
315-320 325
Abstract
The article deals with the principle of efficiency of use of budgetary funds. It is emphasized that the responsibility for breaking the budgetary legislation is subject to law is highly controversial and with large gaps that ensure compliance with the principle of efficiency of the use of budgetary funds, which in turn causes the state considerable economic damage. This article analyzes the existing in scientific literature approaches to the concept and content of budget expenditure efficiency, and also examines the problems of legal regulation, the possibility and necessity of inclusion in the legislation establishing liability for an inefficient expenditure of budgetary funds.
321-326 340
Abstract
This article examines the problems of determining transport security, the correlation of this category with a generic notion of security and its other types. This paper examines the formation and development of modern legislative model for transport security. Threats to the safe and sustainable functioning of the transport complex are indicated by their types are also analyzed. In addition, the Author explores the terms «transport security» and «transport safety», which, despite the similarity of language, are the different contents in the regulations, and, consequently, definition. On the results of the analysis of national legislation, the problems of legal regulation of transportation security pointed out are pointed out and suggestions are made on ways to minimize these problems. According to the results of the research, the Author develops a unified definition of transport security and its object, which is relevant today.
327-332 380
Abstract
The concept of “public place” relating to the place of crime and other offenses doesn’t have a proper definition. The Author proposes to recognize as a public place a certain part of space, which has the exact coordinates, an exact intended function and has no restrictions regarding the presence of citizens in it. There are proposed the classification of public places of various reasons. There are showed the practical value of dividing public places into the types. There are assigned a necessity to distinguish a common place and public place, testified the ways of using the terms for constructing the rules of law in the sphere of ensuring safety, limiting certain actions and establishing responsibility for certain violation of a law.
333-339 261
Abstract
The research paper contains information on the development of administrative regulation of entrepreneurship in Russia during the period of 1985-1991 and information on steps for its evolution. The Author concludes that legal acts adopted at that time became an important foundation of the business community today and formed the specific character of Russian business.

TRIBUNE OF YOUNG SCIENTISTS

340-344 530
Abstract
This article is devoted to the problem of fixing in the chapter of the Code of Civil Procedure of the Russian Federation, regulating the procedure in court of the cassation instance, a single criterion of significant violations of material and procedural law standards, as well as determining the content of “guidelines” for both the applicant and the court, providing for the unconditional cancellation of judicial decisions of lower courts. The Author comes to the conclusion that the presence in the Civil Procedure of the Russian Federation of such stable phrases as “significant violations of the norms of substantive and procedural law” and the absence of their normative interpretation significantly limit the exercise of the right of citizens to access to court.
345-348 292
Abstract
The article considers the problems of inconsistence in the atmospheric air protection legislation. In particular, the Author indicates the unfounded distinctions in the competence of federal and regional environment protection bodies concerning the right to bring a suit against violators of the air protection rules and regulations. On the basis of extensive research of current legislation and case law the Author suggests optimizing the competence of environment protection bodies.
349-355 252
Abstract
In the present research paper on the basis of a comprehensive analysis of the applicable Russian and Kazakhstan criminal and procedural legislation the Author discusses the main features of the legal nature of monetary compensation assigned to suspended persons, suspected in committing a crime (accused persons, persons on trial). In particular, the research paper examines the regulations allowing the court, at first sight, not to solve the issue (inthe corresponding prescript) regarding this measure of government social support. The Author differentiates between two options: procedural expenses for the monthly state benefit to the suspended person are to be paid by the financial authority of the corresponding body of pre-trial investigation or by the Department of the Judicial Board of the Supreme Court of a particular subordinate entity of the Russian Federation. With regard to the mentioned questions the Author has studied the experience of law enforcement; he also provides the legal positions of the Constitutional Court of the Russian Federation. A comment is made about certain shortcomings of article 114 of the Criminal Procedural Code of the Russian Federation. Some definite practical recommendations and ways of improving Russian criminal law of procedure are suggested.
356-361 268
Abstract
The relevance of the article is that it examines the provisions of the criminal procedure law on a reasonable time of preliminary investigation, the consequences of violation of a reasonable period of preliminary investigation. A formula is proposed that makes it possible to make a clearer idea of a reasonable time as a border in the criminal procedural time between conditionally permitted and absolutely unacceptable. In the Author's opinion, the consequences of a violation of a reasonable period is the person's moral and (or) property damage. The Author recommends that in the Federal Law of April 30, 2010, No. 68-FZ, replace the concept of “significance of consequences” with the notion of “harm”.
362-367 469
Abstract
The article is devoted to the study of a relatively new crime composition art. 200.1 of the Criminal Code of the Russian Federation “Smuggling of money and (or) monetary instruments”, criminalized in 2013. Based on the available judicial practice, the objective and subjective elements of the crime are analyzed. The main task of the research is to determine whether the criminalization of this socially dangerous act corresponds to the real goals of its criminalization. The main attention is paid to the subject, methods and appointed penalties for this crime. On the basis of the law enforcement practice, a criminological portrait of the perpetrators of this crime was revealed. The Author comes to the conclusion that such goals of criminalization of this socially dangerous act, as counteraction to the financing of terrorism, combating the legalization of money, are practically not achieved. Recommendations are offered to eliminate this situation.


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