№ 3 2011
Afonichkina N.V. THEORETICAL QUESTIONS OF UNDERSTANDING THE IMPLEMENTATION OF INTERNATIONAL LAW IN THE LEGAL FRAMEWORK The article raises the important theoretical questions, which refer to the content of two common law categories — "enforcement of the right" and "the implementation of international law". Alongside, a thesis about a fundamental difference in the content of these categories is explained, , and multidimensionality of the content of category "implementation of international law" is emphasized. Key words: interaction of international and national the legal framework, solidary law regulation, enforcement of the right activity of states, jurisdictional space, state sanctioning of the action of the standards of international law, enforcement of the right and the implementation of international law.
Budnikov V.L. ABOUT CORPORATE CRIMINAL PROCEEDINGS Due to the absence of the action coordination of criminal process participants in achieving common goal — the legal, substantiated and valid result of criminal case, the author examined the conflict situations, permitted as a result of the processual inequality of sides, caused by unreasonable state monopolization in proving. Key words: criminal process; proving; competitiveness; corporativity; validity.
Volosova N.Yu. THE LEGAL CONDITIONS FOR THE SEPARATION OF WITNESS IMMUNITY AS THE INDEPENDENT INSTITUTE OF CRIMINAL PROCEDURE The author examined questions of the formation of the institute of witness immunity and the legal conditions, able to separate witness immunity as the independent institute of criminal procedure. Key words: witness immunity, the institute of witness immunity, its features.
Vorobyev P.S. THE SUFFICIENCY OF PROOFS AS THE BASE OF DRAWING UP CONCLUSION TO INDICT The author analyzed the bases, which allow the investigator to start drawing up conclusion to indict at the end of preliminary inquiry. Key words: drawing up conclusion to indict, its assertion by attorney, the estimation of the assembled proofs, the transfer of criminal case to the court.
Voronina I.A. ON THE PROBLEMS OF THE ADMINISTRATIVE REFORM REALIZATION IN RUSSIA The article is dedicated to "administrative reform" in modern Russia, directed toward the guarantee and the protection of human rights and fundamental freedoms. Key words: administrative reform, the reorganization of the system of state administration, guarantee and the protection of human rights and fundamental freedoms.
Vyshchepan D.A. THE JURY TRIAL — TRIBUTE TO HISTORY OR MEANINGFUL JUSTICE SYSTEM The author conducted a comparison and an analysis of the work of jury trials of England, France and Russia, giving statistical data and legislative correctives in the work of this institute are proposed. Key words: jury trial, assise trial, Crown court, legislative correction.
Goptareva I.B. LEGAL PRINCIPLES AND MECHANISMS OF THE COOPERATION OF THE RUSSIAN FEDERATION AND ITS SUBJECTS The author analyzed legal principles, legal relationship and the mechanisms of the cooperation of the Russian Federation and its subjects. Key words: the equality of the rights of forming any federation subjects, principles of equality of rights, solidarity and voluntariness, subsidiarities.
Guskova A.P. ENFORCEMENT OF THE RIGHT AND JURIDICAL PROCESS. INNOVATION APPROACHES TO THE CONSTRUCTION OF MODELS The author examined points of political law and judicial power in mechanism of the formation of innovation approaches for new juridical process construction. Key words: Enforcement of the right, juridical process, innovation approaches, innovation models.
Guskova A.P. PROCESSUAL VERDICTS IN THE CONTEMPORARY CRIMINAL LEGAL PROCEDURE. THEIR LAW NATURE, SPECIAL FEATURES The author analyzed the verdicts taken by the law court taking innovations into account. Key words: protective power, the mechanism of decision making, conciliatory procedures, facultative features.
Ezhov V.A. JUDICIAL TRANSFORMATIONS IN RUSSIA IN THE LAST QUARTER OF XIX CENTURY The object of the examination of this article is the vital problem, which concerns judicial transformations in Russia in the last quarter of XIX century. Key words: judicial power, judicial reform, the judicial transformations of the last quarter of XIX century
Ivanova A.V. THE SPECIAL ORDER OF JUDICIAL TRIAL FOR THE CONCLUSION OF PRE-TRIAL AGREEMENT OF COLLABORATION (CHAPTER 40 WITH THE MARK 1 OF CRIMINAL PROCEDURAL CODE RF) The author examined timely problems, which concern new order — conclusion of pre-trial agreement of collaboration. Key words: simplification, the acceleration of criminal legal procedure, the simplified form of judicial trial, the conclusion of pre-trial agreement of collaboration.
Kamardina A.A. THE CRIMINAL PROCEDURE ACTIVITY OF LAW COURT AT THE STAGE OF THE PERFORMANCE OF SENTENCE The author, on the basis of the analysis of the scientific opinions, gave the characteristic of the concept of judicial control and justice and examined a problem of the criminal procedure activity of law court at the stage of the performance of sentence. A problem of the realization of court of judicial control and justice by the law at the stage of the performance of sentence is particularly examined. Key words: Criminal procedure activity, judicial activity, judicial control, justice, the performance of sentence.
Kolmakov P.A., Vorobyev B.B. ON THE CONTENT AND VOLUME OF THE OBJECT OF CRIMES IN THE SPHERE OF COMPUTER TECHNOLOGIES The authors examined a problem of content and volume of the object of crimes in the sphere of computer information. Key words: computer technologies, the object of computer crimes, computer information.
Levchenko O.V., Kutuzov V.I. ON THE PROBLEM OF FORMATION OF THE INNOVATION TECHNOLOGY OF CRIME INVESTIGATION The authors examined problems of the formation of the innovation technology of the investigation of crimes, based on the concepts of computer technology and separate modernization elements of juridical education. Key words: the innovation technology of crime investigation, computer technology, modernization of juridical education.
Lukomskaya A.S. CONCEPT OF PSYCHO-TRAUMATIC SITUATION IN ART. 106 OF CRIMINAL PROCEDURAL CODE RF The author considered the concept of psycho-traumatic] situation as the circumstances of murder of the newly born child by the mother. Different forms of psycho-traumatic situations are defined. Key words: the newly born child, the psycho-traumatic situation; mother, murder, mental tension, stress, crisis.
Makshantseva Yu.S. THE INTERNATIONAL METHODS OF THE LEGAL PROTECTION OF FOREIGN INVESTMENTS The author gave the analysis of the contemporary state of the international methods of the protection of foreign investments. Special attention is given to the practice of the conclusion of intergovernmental agreements about the encouragement and the mutual protection of capital investments. The basic controversial points of applying the principle of international minimum standard are reflected, directions on the assignment of investment regimes are formulated. Key words: foreign investments, investment regimes, international agreements, international minimum standard, the principle of the national regime.
Mamaev I.N. SELECTION OF DEFENDER BY THE DEFENDANT AND THE ORDER OF HIS INVITATION FOR THE PARTICIPATION IN THE COURSE OF JUDICIAL TRIAL IN THE GENERAL TRIAL JURISDICTION 87The author examined the order of selection of defender by the defendant for the participation in the judicial trial. Key words: defendant; defender; attorney, meeting with the attorney in the law court
Markovicheva E.V. JUVENAL CRIMINAL LEGAL PROCEDURE Article reveals the set of functions of Juvenal criminal legal procedure and analyzes different scientific approaches to the determination of the essence of functions. The characteristic of separate functions is given, the special features of the realization of these functions in the Russian juvenal criminal legal procedure are demonstrated. Key words: Juvenal criminal legal procedure, guardian function; the function of the assistance to resocialization of minor; educational function; regenerative function.
Marchenko O.S. ON THE REMEDY OF MINOR COMPLAINANTS The timely problems of remedy of minor complainants in the Russian criminal legal procedure are examined in the article. Key words: remedy, minor complaint, Juvenal legal procedure, preliminary trial.
Matkina D.V. STRATEGY OF THE DEVELOPMENT OF RESTORATIVE MEDIATION ON RESOLUTION OF CRIMINAL- LEGAL CONFLICTS The article examined the essence of criminal- legal conflict, and its role in the differentiation of the form of criminal legal procedure. Activity in the organization of restorative mediation is analyzed, and in this case the author's vision of the strategic tasks of restorative mediation in the criminal cases in Russia is derived. Key words: restorative mediation, criminal-legal conflict, conventional forms of resolution of criminal-legal conflict, extrajudicial conventional procedures on resolution of criminal-legal conflict, the strategic tasks of the development of restorative mediation.
Mishchenko E.V. THE INTERNATIONAL LEGAL CONSOLIDATION OF SPECIAL FEATURES OF LEGAL STATUS OF PERSONS, TO WHICH THE FORCED MEASURES OF MEDICAL NATURE CAN BE APPLIED The author examined a problem about the consolidation of legal status of the persons, to which the forced measures of medical nature can be applied taking into account international documents. In particular in the Universal Declaration of Human Rights, the international pact about the economic, social and cultural rights and others. Key words: legal status, right and responsibility, mental disorder, discrimination, international law, international documents.
Muratova N.D. THE LEGAL CULTURE OF THE PROCESSUAL SOLUTIONS The author examined the noteworthy problem about the legal culture of the processual solutions in the criminal legal procedure. Key words: the processual solutions; their legal culture; legality, validity, motivation of the solutions.
Osodoeva N.V. ELENCTIC AND CHEQUERED TRIAL EXAMINATION IN RUSSIAN LEGAL PROCEDURE The author examined the possibility of using elenctic and chequered kinds of trial examination during judicial enquiry. Key words: trial examination, elenctic trial examination, chequered trial investigation, judicial enquiry.
Pozdyakova E.A. SPEACIAL FEATURES OF CONCLUDING A CONTRACT OF PURCHASE AND SALE OF A LAND PLOT The author examined problems of purchase and sale of a land plot, owned by one or several owners and showed the specification of such contracts and preemption right realization. Key words: contract of purchase and sale, its terms and conditions, land plot, a part of a land plot, state contract registration.
Samoylova Zh.V. PROPERTY HARM COMPENSATION FROM A CRIME IN RUSSIAN LEGAL PROCEDURE The author spoke about constitutional law enforcement for property harm compensation from a crime. The author also compared such concepts as criminal effect and criminal harm, and analyzed the problems met during property harm compensation in criminal legal procedure. Key words: criminal effect, criminal harm, harm from a crime, property harm, harm compensation, crime victim.
Smirnova I.G. ON THE PROBLEM OF NECESSITY OF THE NEW LEGAL PROCEDURE STRATEGY FORMATION The author conducted a survey on legal procedure strategy criteria: reasonability and practicability and defined necessary conditions of their realization: keeping and respecting of human rights, reality, economy, effectiveness. The author proposed the strategy of reasonable social practicability, based on the common law idea, having methodological basis and taking into account positive criminal-legal law features. Key words: criminal court procedure, strategy, reasonability, practicability, personal rights, reality, economy, effectiveness.
Smirnovskaya S.I. ON THE PROBLEM OF SOCIAL-LAW SUPPORTING FAMILIES WITH CHILDREN IN ORENBURG REGION Social family and children support — is a very important aspect of healthy way of living development. Key words: health and life of a child, the development of quality and healthy life of a teenager, state and public children and family support. Key words: health and life of a child, the development of quality and healthy life of a teenager, state and public children support, family support.
Tarnavskiy O.A. PROBLEMATIC POINTS, CONCERNING A VICTIM IN THE LEGAL PROCEDURE The author arises a problem, needing a substation reappreciation of the figure of a victim. Key words: a victim in legal process, providing his personal and property rights, trial protection.
Tatyanin D., Zakirova L. THE PROBLEMS OF THE SEAL OF CONFESSION IN THE CRIMINAL PROCESS OF RUSSIA The author examined the questions, connected with the implimentation of the seal of confession by clergymen in the criminal process. The expediency of assignment of the right of resignation of the witness immunity to the clergyman is explained. Key words: religion, confession, seal, clergyman, witness immunity, the seal of confession, priest, witness, church canons, church.
Tatyanina L.G. THE FORMS OF LEGAL PROCEDURE ABOUT THE APPLICATION OF FORCED MEASURES OF MEDICAL NATURE IN THE CRIMINAL PROCESS The author explained the need for the definition of four forms of legal procedure about the application of the forced measures of medical nature, which are distinguished by processual status and mental condition of the person, in attitude of whom procedure about PPMMKH is conducted; to the object of proving and separate questions of procedural nature. Key words: the forms of procedure about the application of forced measures of medical nature; irresponsible; the person, who fell ill with mental disorder; condemned, face, transferred by another state.
Teligisova S.S. THE CRIMINAL PROCEDURE FUNCTIONS OF INSPECTOR AND THEIR PLACE IN HIS ACTIVITY The author examined a problem of the formation of concept, the functions of inspector in the criminal process taking into account basic points. Key words: the processual functions of participants in the process, the forming functions of inspector, which define concretely his authorities.
Cheglakova O.L. THE LEGAL REGULATION OF THE PROCESS OF CONVERTING THE SUBJECTS OF RF The author reflected the basic special feature of law regulations of the stages of a change in the subject composition of RF. Theme has urgency and significance in the analysis of the basic problems of federalism. This legal aspect influences the development of the basic directions of the normative legal process of converting the subjects of RF. Key words: federalism, conversion, normative regulation, subject composition RF, the formation of new subject.
Shagivaleeva I.Z. THE PERSONAL DEVELOPMENT OF STUDENT-JURISTS IN THE PROCESS OF PEDAGOGICAL INTERACTION The author examined the timely problems of the cooperation of the subjects of educational process, as a result by which the professional making of future specialists occurs. Key words: interaction, collaboration, personality.
Shaymullin R.K. INNOVATION APPROACHES IN THE SOLUTION OF THE PROBLEMS OF CORRUPTION IN RF The author gave the brief analysis of the state of struggle against corruption in RF from the moment of adopting the legislative complex of the anti-corruption measures. He also examined the experience of the application of criminal- legal standards within the framework of the contemporary anti-corruption policy in RF, noted system error in the Criminal Code of RF, which testifies the discord of standards about the official crimes. The determination of crimes against the interests of service for the more effective approach to the opposition to corruption is formulated on basis of the conducted investigation. Key words: the anti-corruption standards, corruption, crime against the interests of service, crime in the sphere of control, the official persons.
Yartsev R.V. IMPROVEMENT OF CRIMINAL PROCEDURE LEGISLATION IN THE SPHERE OF THE APPLICATION OF PREVENTIVE MEASURES: REALIAS AND TENDENCIES The author examined the problem of the application of preventive measures. Questions of legislative regulation and practical realization of the named criminal procedure institute for the purpose of its optimization are investigated. Key words: preventive measure, limitation of rights and freedoms, object and the limits of proving, the judicial practice of the application of preventive measures.
|Sergey Aleksandrovich |