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№ 3 2010
Jurisprudence
Afornichkina N.V. FUNDAMENTAL SCIENCE — JURISPRUDENCE’S CATEGORIAL APPARATUS AS MEANS OF COGNITION IN EDUCATIONAL PROCESSThe actual questions of main categories and concepts of fundamental science — jurisprudence’s role in conditions of its unification and harmonization in educational process are given. Formation’s necessity of special student world outlook — future lawyers as specialists in XXI century is based. Offers on federal component’s improvement in the general program of preparing legal personnel are expressed.Key words: The generally legal categories, scientific thinking, means of cognition, educational standard, common to all mankind values, educational process’ unification and harmonization, lawyer’s personality in the XXI century, teaching of international law and theory of state and law.
Bachurkina O.A. COOPERATION OF STATE AND MUNICIPAL AUTHORITIES IN REALIZATION OF STATE PROXY GIVEN TO THE AUTHORITIES OF LOCAL SELF — GOVERNMENTIn the article the problems of cooperation of state and municipal authorities are observed. Theoretical and practical problems in the sphere of giving state proxy to the local authorities are expounded. Basic parameters of cooperation are given, offers of developing of the institute of delegated proxy are made.Key words: state authorities, local self-government, municipal authorities, state proxy, giving state proxy to the local self-government, delegation of state proxy, responsibility for the wrong making of delegated state proxy.
Volosova N.Ju. CLASSIFICATION AND KINDS OF WITNESS IMMUNITY.In this article rises the problem of classification of witness immunity. The points of view of various authors on concept and components of witness immunity are considered. Debatable questions of classification of witness immunity and its division on kinds on a category of persons, volume of given indications and other bases reveal.Key words: Witness immunity. Classification of witnesses. Set of legal rules. Volume and subject of indications. The privilege from self-charge.
Galiakhmetov M.R. HEAD UNIT OF INQUIRY, ITS POWERSHead of the unit body of inquiry is a relatively new party to legal proceedings. Its powers are defined in the Code. They cause a number of issues in the implementation in practice, which requires their legislative settlement. The article examines a number of problems associated with the implementation of head office units of inquiry, proposes ways to resolve them. Key words: head unit of inquiry, authority, guidance, implementation, procedural guidance, departmental control.
Guzhva O.V. INITIAL CHAPTER OF EXECUTION OF A SENTENCE STAGE IN CRIMINAL PROCEDUREAuthor proved position on execution of a sentence at an initial chapter in criminal proceedings.Key words: execution of a sentence stage, juridical fact, procedural activity, appeal against a sentence, court decision.
Gurianov A.P. INTERNATIONAL SYSTEM OF EDUCATIONAL CREDITIn the article it is considered the experience of a system progress of education loan in different countries. It is performed the comparative analysis of various systems of education loan and its possible development under conditions of Russian economy. As a result of research the author educes which of the models can be more effectively applied in Russia under condition of real economy and acting legal system.Key words: model, education loan, experience, system of education loan contract.
Guskova A.P. ACTING LAW REGULATION OF COURT PROTECTION OF PEOPLE’S RIGHTS AND LIBERTIES CONSIDERING CRIMINAL CASESArticle pays our attention on regulation of court legal protection people’s rights and liberties in court investigation and consideration of the criminal cases. Key words: court protection, court power, insurance of providing person’s rights and liberties’ protection, appealing of illegal actions on the part of interested persons.
Guskova A.P., Dashicyrenova O.G. INSTITUTE OF ATTORNEY SECRET ON RUSSIAN AND CHINEESE LEGISLATION.In the article relatively-legal analysis of the positions, regulating attorney secret on legislation of Russia and China is given. Key words: legal protection, warranty of rights and legal interests, right on confidence, right on personal secret.
Guskova A.P., Jurchenko L.V. FUNCTIONS JUVENAL OF LEGAL PROCEEDINGSFunctions juvenal legal proceedings as legal institute, represent the certain directions of legal influence expressing appointment of justice on affairs of minors which are connected thus with practice of its realisation. Thus they are caused by its role and a place in juvenal to system, and also as a whole and system of protection of the rights of minors. Key words: juvenal court, minor, regenerative justice, functions
Dashicyrenova O.G. SOME QUESTIONS OF RETURNING THE CRIMINAL CASE TO PUBLIC PROSECUTOR FROM THE STAGE OF PREPARATION TO COURT HEARING’S LEGAL PRACTICEIn the article actual questions of returning the criminal case to public prosecutor for eliminating obstacle in its consideration in court practice are given.Key words: returning the criminal case to public prosecutor, obstacles’ elimination, preliminary court hearing
Zhukova I.S. ENERGY DIPLOMACY AND GEOPOLITICS, AS PART OF INTERNATIONAL ENERGY LAWThe article considers the importance of the issues raised for the development of international energy cooperation, reveals their essence, the methods and means of implementation. Traces the evolution of the term "geopolitics" and reveals its importance in the energy sector. Key words: foreing energy policy; energy diplomacy and geopolitics; interests of group-countries in the energy sector, the global geopolitical picture, new geopolitical aspects of energy.
Zhumagazieva A.U. ACCESS TO THE JUSTICE AS HUMAN VALUEAvailable justice is civilizations’ one of the most serious achievements, the basic well-being, allowing to provide the realization of court protection of people’s rights and liberties.Key words: The access to justice, judicial power, judicial supervision, judicial protection, improvement of the access to justice.
Ivanova M.A. SOME PROCEDURAL FEATURE OF CASES ARISING FROM PUBLIC RELATIONSThe article discusses some specific features of the cases arising from public relations. The analysis of the procedural peculiarities of the consideration of this category of cases. The main problem, folding in the management of the cases arising from public relations.Key words: production of cases arising from public relations; applicant; the person concerned, the statement of claim, statement, the burden of proof, evidentiary presumptions, pre-trial order solution to the dispute; administrative court.
Kamardina A.A. ENFORCEMENT OF A SENTENCE AS A STAGE OF CRIMINAL JUSTICEThis article contains an overview of sentence enforcement as a stage of criminal proceedings.Key words: enforcement of a sentence, stage of criminal proceeding, features, activity, distinction of a stage.
Kopylova V.I. RIGHTS OF CRIMINAL PROCEEDINGS’ PARTICIPANTS’ GUARANTEE, CIVIL PLAINTIFF EXACTLYIn the article actual questions, concerning rights of the civil plaintiff, his representative upon their provision in criminal proceedings, as well as their guarantees are considered. Key words: processing activity, civil suit, financial responsibility, financial damage, guarantees of rights’ protection.
Kostovskya N.V. JUDICIAL DECISION ESSENCE OF THE FIRST INSTANCE COURT OF THE CRIMINAL CAUSEThe article is devoted to the research of the essence and qualitative characteristics of judgments of the first instance court in Russian criminal legal procedure. The author’s conception determination of the decision of the first instance court is offered on the basis of the criminal judicial legislation analysis and scientific views.Key words: judicial decision, judgment, decision of the first instance court, lawfulness, validity, motivation, decision, resolution.
Kutuzov V.I. ONCE AGAIN ABOUT MODERNISATION OF THE JURIDICAL EDUCATION In article questions of modernisation legal are considered about-razovanija, the is standard-legal basis and sformu-lirovany specific proposals is analysed.Key words: Educational process in jurisprudence, information-mathematical preparation of law students, juridical education modernization.
Levchenko O.V. ISSUE PRECLUSION IN CRIMINAL PROCEDURE LAWThe authors investigated the questions of essence, framework and relation of issue preclusion and court moral certainty in criminal procedure law.Key words: issue preclusion, objective truth, established facts, moral certainty, circumstances.
Levchenko D.V. SUPERVISION AS THE PROSECUTOR’S CRIMINAL PROCEDURE FUNCTIONSThe author of the article defines the definition of prosecutor’s supervision functions and disclose its contents in the criminal proceeding.Key words: function, prosecutor, prosecutor’s supervision, breach a law, criminal procedure stage.
Malyi A.V. HARM INDEMNIFICATION FOR LEGAL PERSONThe authors studied issues of harm indemnification for legal person in criminal procedure stage.Key words: legal person, harm, compensation, goodwill, coverage.
Markovicheva E.V. MODEL OF JUVENILE JUSTICE: PROBLEMS TYPOLOGYThe article revealed some problems typology of criminal justice for juveniles. This article gives a brief description of various models of juvenile justice. The author concludes the theoretical diversity of these models and the practical feasibility of multivariate models juvenile justice.Key words: juvenile offender, model, classification, juvenile justice, criminal prosecution.
Maslova Z.G. LEGITIMACY AND REASONABLENESS OF SUSPECT ATTACHMENT: INTERNATIONAL ASPECTSThe author considered the problem of compliance asset 5 of the European Convention on Human Rights and Fundamental Freedoms for Russia courts on the materials of the European Court of Human Rights.Key words: attachment, legitimacy of court decisions, reasonableness of court decisions, restraint, suspect.
Matkina D.V. PROSPECTS OF CONVENTIONAL FORMS OF CRIMINAL PROCEEDINGS AND CONVENTIONAL FORM OF OUT-COURT DECISION OF CRIMINAL-LEGAL DISPUTE’S DEVELOPMENT IN RUSSIAIn the article author’s approach to new restoration ways of reaction to the crime — a decision of criminal-legal dispute by means of conventional (contractual) form of criminal proceedings (the X-th section of RF CLC) and conventional (contractual) form of out-court decision of criminal-legal dispute’s, their historical roots, types and development’s prospects are considered.Key words: The court hearing’s conventional form, court proceedings’ conventional form, conventional form of criminal-legal dispute’s out-court decision, restoration justice.
Mernova O.A. PROTECTION OF HUMAN RIGHTS AND FREEDOMS AS A PRINCIPLE OF CRIMINAL JUSTICEThe author characterizes the fundamental principle of criminal procedure - the protection of the rights and freedoms of man and citizen, its relationship with other principles of criminal procedure.Key words: principle of criminal justice, human rights and freedoms, witness, injured person, guaranties.
Mischenko E.V. CRIMINAL PROCEDURAL GUARANTEES FOR PROVIDING PERSON LEGAL STATUSThis article examines the definition of criminal procedural guarantees for person legal status and problems of their providing in the proceeding.Key words: person legal status, guarantees, legal responsibilities, realization of a person rights, judgment.
MURATOV K. D. PROBLEMS OF RIGHTS AND LEGAL INTERESTS’ PROTECTION AT SEIZURE PRODUCTION IN CRIMINAL CASERights and legal interests’ protection of criminal proceedings’ participants, fixed in RF UPK, must reflect detailed elaboration of procedure actions’ order realization. Particularities of investigation action’s execution must meet RF Constitution’ legal positions and international legal standards.Key words: legal interests’ protection, seizure’s procedure, seizure’s legality and validity, procedure guarantees.
Neretin N.N. SOME ASPECTS OF ADMISSIBILITY OF ACCUSED PERSON EVIDENCE, GIVEN THEM IN PRETRIAL PROCEDUREThis article considered discussion questions of avowal evidence as no admissibility in connection with breach of Criminal Prosedure Law.Key words: no admissibility evidence, evidence given by accused, presumption of not guilty, guilt, pretrial stage.
Nikiforova H.P. INTERNATIONAL PROTECTION OF PERSON’S RIGHTS TO INVIOLABILITY OF THE HOME IN CRIMINAL PROCEEDINGSIn the article the author considers some actual questions of proper ensuring person’s rights on inviolability of the home. The author studies and analyses international-legal standards’ positions, that must lie in the base of the shaping the principle of inviolability of the home in Russian criminal proceedings. Key words: inviolability of the home, international-legal standards, protection, European court on human rights, restriction of the right.
Nosenko L.I. SOME QUESTIONS OF APPLICATION PRINCIPLE "ADMINISTRATION OF JUSTICE ONLY BY THE COURT"The article deals actual questions related with application principle "administration of justice only by the court".Key words: principles, court, justice, court system.
Nosenko L.I. Studennikova N.N. SOME THOUGHTS ON REFORMING THE COURT SYSTEMThe article deals actual issues related to possible directions of the court system reform.Key words: court system, civil procedure, arbitration court, alligation, separation of sector.
Plyasunova A.A. SIMPLIFIED JUDICIAL PROCEEDING’S RELATIVELY-LEGAL ANALYSISThe author attempts to conduct simplified judicial proceeding’s relatively legal analysis, using the system method of study in the given article. Key words: simplified judicial proceeding, criminal proceeding’s differentiation, foreign experience, blame confession, quick judicial hearing.
Pozdnyakova E.A. PARTICULARITIES OF GUARANTEE’S CESSATION BY COURT ACCORDING TO ITEM 1 OF THE ARTICAL 367 OF RUSSIAN FEDERATION CIVIL CODEThe article is dedicated to one of the most actual problems– guarantee’s cessation, as one of the most wide-spread guarantees of the returning loan facilities. It must be noted that guarantors are not borrowers, but in spite of it in some cases they have to realize returning of the bankrolls for borrower. Disputable questions, concerning guarantee’s cessation, appear not only on the stage of court hearing, but also in the executive proceeding.Key words: agreement, guarantee, guarantee’s cessation, executive proceeding, penalty debtor.
Tarnavskiy O.A. TO THE QUESTION ABOUT CRIMINAL PROCEEDING’S PURPOSEIn the article actual questions, connected with interpretation of the notion "criminal proceeding’s purpose" on the article 6 of CPC RF are considered. Key words: criminal proceeding’s purpose, guard, protection of people’s rights and liberties, violated right’s recovering.
Fedorovskaya M.YU. CORRELATION OF STATE AND RIGHT IN MODERN RUSSIA: PROBLEM’S CONDITIONProblems of right and state’s interaction in legal meaning are analysed in the article. The mutual influence of right and state in the sphere of norm creation and right’s realization, in law-based state’s operation are shown. Key words: mutual influence of right and state, theories of law understanding, political regime and right, unity of state and right, power’s self-restriction, law-based state.
Huziahmetov D.M . INFLUENCE OF COURT PRACTICE AT THE DISCRETION OF JUDGE IN THE CRIMINAL PROCEEDINGThe author studied resolution (determinations) of the Russia Constitutional Court and the resolution of the Supreme Court Plenum concerning the application of certain rule of the Criminal Procedure Law as to discretion of judge.Key words: court practice, Constitutional Court, Plenum of the Supreme Court, practice of law application, position.
Shagivaleeva I.Z. THE CERTIFICATION OF THE WILLSThis article considers the actual questions of the certification of wills by notaries, connected with the application of standards of federal legislation in practice. Key words: will, citizens legal capacity, legatee, the executor of will.
Jurchenko L.V. THEORETICAL BASES OF REGENERATIVE JUSTICE. THE TECHNIQUE"CASE-MANAGEMENT".Now the judgement concerning minors is poorly interconnected with rehabilitation process and not focused on it. Model juvenal probaci, and within the limits of its technique. A "case-management" is one of the prime conditions, capable to provide success of a policy of liberalisation of criminal justice spent to Russia concerning minors and is, according to the author, development juvenal technologies in a creation context juvenal justices focused on regenerative justice.Key words: regenerative justice, a case-management, minors, juvenal justice, execution of punishments.
Yagofarov S.M. CORRELATION OF DEVELOPMENT’S INTERNATIONAL STANDARDS OF CRIMINAL PROCEEDINGS WITH PROCESSES IN RUSSIAIn article questions of rights and liberties’ prior value of peoples in aspect of the international standards’ analysis to criminal proceedings in Russia at present are considered.Key words: criminal process, international right, human right.
Bibliography
Muratova N.G., Kochetova A.V. REVIEW OF THE MONOGRAPH SHMELEV E.S. "LEGAL REGULATION OF APPEALS, MODERN RUSSIAN CRIMINAL PROCEEDINGS". ORENBURG: LLC AGENCY "PRESS", 2009. - 322 PP.
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Editor-in-chief |
Sergey Aleksandrovich
MIROSHNIKOV |
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