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№ 3 (139), 2012
Jurisprudence
Afonichkina N.V. ON THE LOGIC OF THEORETICAL THINKING IN LEGAL SCIENCE IN A CONTRADICTORY AND INTERDEPENDENT WORLDThe article explains the need to consider the categorical apparatus of the general theory of law as an independent object of study in order to improve the methodology of jurisprudence.Key words: scientific theoretical thinking, the object of theoretical study, a complete picture of public-right-validity, the overall nature of the legal matter, a dialectical contradiction, legal categories are paired.
Balovneva V.I. THE THEORETICAL AND LEGAL PROBLEMS DAMAGES A LEGAL PERSON IN CRIMINAL PROCEEDINGSThe article is devoted to topical issues of moral damages to legal persons in criminal proceedings.Key words: moral hazard, legal entity, intangible benefits.
Borozdin M.S. TO A QUESTION ON LEGAL BASES AND GENERAL CHARACTERISTICS OF THE FEDERAL TARGET PROGRAM "THE RUSSIAN LANGUAGE" FOR 2011–2015In presented article characteristics of the federal target program "The Russian language" for 2011–2015 in a context of realities and prospects of the legislation of the Russian Federation about languages are considered.Key words: state language, Russian, federal target program, languages legislation, the Russian Federation.
Volosova N.Y. EVOLUTION OF THE WITNESS IMMUNITY PROVISIONS IN THE LEGISLATION OF FOREIGN COUNTRIESThe article examines the history and formation of the rules of witness immunity in the law of foreign countries: China, Greece, Ancient Rome, etc.Key words: laws of Hammurabi, the release of evidence, witness immunity
Vorobiev P.S. THE ACTIVITIES OF THE INVESTIGATOR IN THE PRELIMINARY INVESTIGATIONThe article deals with matters relating to criminal procedure functions of the investigator.Key words: criminal procedure functions, the investigator, a preliminary investigation, the procedural autonomy.
Gatilova A.S. ON THE QUESTION OF LEGAL TECHNOLOGY FORECASTINGThe article is devoted to the theoretical prediction of the legal issues of technology, it proposes a definition of the concept, revealed the structure and content of the technology.Key words: law, forecasting, technology, legal methods of forecasting, legal ways to predict, means a legal prediction.
Gladyshev O.V. CRIMINAL PROCEDURE DECISIONS: THE PROBLEM OF DETERMININGIn science, criminal justice require consideration and resolution of problems of definition of the essence, the types of procedural decisions, set the requirements for them in terms of the Criminal Procedure Act, the conduct of their classification. In the present article the author's approach to the definition of criminal procedure decisions, set to guarantee their legality and validity.Key words: criminal justice, procedural decision
Guskova A.P. CRIMINAL PROCEDURAL FORM AND ITS SIGNIFICANCE IN THE DEVELOPMENT OF PROTECTIVE TYPE OF CRIMINAL PROCEEDINGSCriminal legal form is the basis of criminal procedure. The article is devoted to its value for the formation of protective type of proceedings.Key words: procedural form, the rule of law regime, conservative type of procedure.
Erokhina E.V. INSTITUTE OF COMPULSORY LICENSING UNDER THE LEGISLATION OF THE RUSSIAN FEDERATIONThe article deals with the concept and nature of a compulsory license for examination of the base of the right to sue to grant a compulsory license. Suggests ways to improve the institution of a compulsory license.Key words: compulsory license, non-use, improper use of the invention, the first patent, second patent, the use of the dependent claims.
Zhdanova Y.V. DECISIONS OF PLENUM OF THE SUPREME COURT OF THE RUSSIAN FEDERATION — A SOURCE OF LEGAL REGULATION OF A SPECIAL ORDER OF PROCEEDING ON CRIMINAL CASES (CHAPTER 40 CPC THE RUSSIAN FEDERATION)Key words: the Special order of proceeding, institute, the consent with the shown charge, the Plenum Decision, a source of legal regulation.
Zuev V. I. LAW-ENFORCEMENT ACTIVITY AS FUNCTION OF A LAWFUL STATE AND ITS VALUE IN THE PREVENTION OF OFFENSES AND STRUGGLE AGAINST CRIMINALITYIn article formation questions in our country of a lawful state and characteristic features peculiar to it, including functions of the law enforcement bodies which are carrying out the given kind of activity are investigated.Key words: a lawful state, law-enforcement activity, law enforcement body, functions of law enforcement bodies, preventive activity of law enforcement bodies.
Ivanova A.V. ABOUT POSSIBILITY OF APPLICATION OF ALTERNATIVE METHODS OF THE CONFLICT RESOLUTION IN CRIMINAL LEGAL PROCEEDINGS OF RUSSIAIn article questions of formation of the complex approach to implementation of alternative methods of resolution of criminal conflicts criminal trial are considered. Procedures which can raise overall performance of organs of preliminary inquiry are researched.Key words: Legal modernisation, alternative ways of resolving criminal conflicts, mediation.
Kaats M. E, Nasyrov R.R. SEPARATE POSITIONS OF THE PROCESSUAL STATUS OF THE BODIES WHICH CARRY OUT OPERATIVE-DETECTIVE ACTIVITY IN THE SYSTEM OF THE RUSSIAN CRIMINAL PROCEDUREThe article considers questions of processual position of operative-detective bodies in the system of the operating criminal-processual legislation. Several moments of realization of processual functions of bringing a criminal action and performing of urgent investigatory actions by operative staff, as inquiry bodies, are analyzed. The position concerning possibility and reasonability of operative bodies is formulated by the similar competence.Key words: criminal procedure, the bodies which carry out operative-detective activity, bringing a criminal action, performing of urgent investigatory actions.
Kamardina A.A. REALIZATION OF THE PRINCIPLE OF FREEDOM OF THE ESTIMATION OF PROOFS BY MANUFACTURE ON CONSIDERATION AND PERMISSION OF THE QUESTIONS CONNECTED WITH EXECUTION OF THE SENTENCEArticle is devoted the mechanism of realization of a principle of freedom of an estimation of proofs in a stage of execution of a sentence by consideration and the permission of the questions connected with execution of a sentence. Features of realization of the given principle taking into account specificity of a stage of execution of a sentence are considered.Key words: a stage of execution of a sentence, freedom of an estimation of proofs, an admissibility, reliability, proof.
Karjakin E.A. FIFTEEN THESES ON THE FORMATION OF THE JUDICIAL TRUTH IN A CRIMINAL CASE IN THE COURT OF FIRST INSTANCEThe problem of formation of the judicial truth in a criminal case in the court of first instance.Key words: criminal proceedings, the trial court, the judicial truth
Kolmakov P.A., Kibardin I.P. SOME PROBLEMS IN THE PRODUCTION OF ANTI-DEFENSE PRE-TRIAL INVESTIGATIONThe article raises some issues to resolve conflict situations with a defender in the production of a preliminary investigation.Key words: the suspect (accused), defender, protection of the rights and interests, the violation of rights.
Krapchatova I.N. CRIMINAL LEGAL PROTECTION OF A JURY AS PART OF THEIR PUBLIC PROTECTIONThe article defines the place of criminal law protection of jurors in the civil defense. The opinion that the legislator by means of criminal law helps to ensure the safety of the jurors, which reinforces the constitutional guarantees to protect the rights and freedoms of man and citizen.Key words: protection, jury, public protection, guarantees of human rights and freedoms, the rule of law.
Kudashova T.G. TO THE RIGHT OF RELATIVES TO DISPOSE OF BODIES AND TISSUES OF A DECEASED PERSONIn this paper we study the consent of relatives who died on the use of organs or tissues of the body as a condition of the lawfulness of withdrawal. The necessity of granting them the right to consent to the removal of organs or tissues of the deceased. Expands to different points of view of the authors and the current state law regarding the powers of relatives to dispose of the organs and tissues of the deceased. Proposals are formulated changes in legislation to protect the rights and legitimate interests in the implementation of the removal of organs or tissues of the deceased.Key words: consent of relatives, the removal of organs or tissues of the deceased.
Levchenko O.V. FEATURES CRIMINALLY-REMEDIAL ДОКАЗЫВАНИЯ WITH USE OF SEPARATE PRESUMPTIONSIn article the question on influence of criminally-remedial presumptions on an estimation of proofs on criminal case, and also about their value for a true establishment on business is considered.Key words: a presumption, proof, circumstances, the participant of criminal trial.
Lukomskaya A.S. ON THE STATE REGISTRATION OF GENOMICThe article deals with unresolved issues of law at the level of technology to establish a genetic relationship.Key words: determination of genetic relationship, mandatory registration of genomic, a newborn baby.
Malyutin M.A. SPECIAL KNOWLEDGE AS A SIGN OF EXPERTISEStudied the meaning and definition of the legal regulation of "special knowledge" as in the material and procedural legal relations, as well as scientific understanding of the term as a sign of expertise. Revealed the essential features of this sign, knowledges, that can be special, and also range of persons who may have such knowledge. In accordance with the results of the analysis of the essential features, author proposed definition of the term "special knowledge".Key words: Special knowledge, expertise, expert, specialist
Marina E.A. COMMUNICATIVE ASPECT OF RELATIONS OF THE DEFENDER WITH THE PUBLIC PROSECUTOR, INFLUENCING THE CHOICE OF TACTICAL RECEPTIONS IN THE PROCEEDING STAGEArticle is devoted research of psychological structure of protective activity, and also the psychological maintenance of the relations developing between the defender and the public prosecutor, the defender and court in the course of protection realization in proceeding.Key words: the defender, protective activity, tactical reception, communicative aspect, mutual relations, proceeding.
Markovicheva E.V. COMPARATIVE LEGAL APPROACH TO THE STUDY OF CRIMINAL PROCEDURE INSTITUTIONSThe article describes the use of comparative law opportunities in the field of criminal justice. The reader's attention is focused on particular issues of Russian-ray of criminal proceedings.Key words: criminal justice, comparative studies, mediation, juvenile court proceedings.
Marchenko O.S. PROTECTING THE RIGHTS OF JUVENILES IN THE CRIMINAL LAW OF MODERN FOREIGNThe article addressed the issue of strengthening the legal guarantees of the rights of minors in criminal proceedings. To date, characterization of certain provisions of the Russian Criminal Procedure Code on the protection of minors would not be complete without the study and analysis of the institute and the protection of minors under the laws of foreign countries.
Maslova Z.G. INADEQUATE BEHAVIOUR OF THE SUSPECT ACCUSED, AS THE MAIN OBJECTIVE OF APPLICATION OF THE PREVENTIVE PUNISHMENTIn article the question on applications in criminal legal proceedings of a preventive punishment concerning suspected and accused, in particular the inadequate behavior, the specified persons, as a main objective of application of the given measures is considered.Key words: the suspect accused, a preventive punishment, compulsion measures, preventive punishment election.
Matkin D.V. ETHICAL CHARACTERISTICS OF MEDIATION TO RESOLVE CRIMINAL LEGAL DISPUTEThis article discusses the ethical aspect of restorative way to respond to crime — the conventional (contractual) forms of extra-judicial resolution of the criminal legal dispute (mediation).Key words: Conventional (contractual) form of extra-judicial resolution of the criminal legal dispute (mediation), the moral requirements of the mediation procedure in criminal disputes, and ethical qualities to be met by professionals, mediators in criminal matters.
Mahrova M.V., Huzina A.H. CRITERIA OF QUALITY OF THE HIGHER JURIDICAL EDUCATIONArticle purpose is comparison of opinions of two commissions of experts. Professional juridical education is considered as social institute. On the basis of expert poll criteria of its efficiency are defined. Degree of readiness of students to professional legal activity also comes to light. The factors reducing quality of juridical education are specified.Key words: expert poll, professional socialization, professional legal activity, efficiency of higher education, teachers of a higher educational institution, practicing lawyers, two-level system of training.
Mishenko E.V. METHODOLOGICAL ASPECTS OF SCIENTIFIC RESEARCH OF THE CRIMINALLY-REMEDIAL FORM ON SEPARATE CATEGORIES OF CRIMINAL CASESArticle is devoted features of the criminally-remedial form on separate categories of criminal cases. Are analyzed частнонаучные theories according to which allocate the general and special (private) order of manufactures on criminal case. Conditions of differentiation of private manufactures in criminal trial are offered.Key words: the criminally-remedial form, the general order, a private order, manufacture, minors, manufacture about application of forced measures of medical character.
Murtazin R.M. DEBATABLE QUESTIONS OF APPLICATION OF HOUSE ARRESTIn article questions of the bases and conditions of application of house arrest are considered. The position about possibility of change of restrictions in the course of application of the specified preventive punishment settles. Key words: a preventive punishment, house arrest, restrictions, permissions, the application bases, the judicial stages of process accused of which relation application of house arrest is possible
Nazarenkov I.V. PROTECT THE HONOR AND DIGNITY IN DOMESTIC CRIMINAL LAW AND THE EMERGENCE OF SELF-ABUSE AS A TYPE OF CRIMEThe article deals with the protection of honor and dignity through the criminal law aspect of the historical development of the state.Key words: protection of honor and dignity, personality, abuse, types of crimes.
Nazarova O.V. ESSENCE, FORM AND PURPOSE OF THE APPEALThe article deals with a form of appeal, their characteristics, the analysis of opinion on the appeal from the various protsessualistov.Key words: appeal, appeal the order of judicial review, the range of subjects to appeal, the institution of appeals court decisions.
Nikiforova H.P. FEATURES OF THE RIGHTS OF THE INDIVIDUAL IN CRIMINAL PROCEEDINGS OF CHINAIn this article the author examines some topical issues securing citizens' rights in criminal proceedings of the PRC.Key words: ensuring individual rights, international law, protection, principles of due process limitation on the right.
Nosenko L.I. PRINCIPLES OF CIVIL PROCEDURE: THE QUESTION OF THE SIGNIFICANCE OFThe article raised questions concerning the notion of the principles of civil procedure. The author has attempted to identify different points of view regarding the importance of principles.Key words: principles, civil process, the basic principles.
Plyasunova A.A. PERSPECTIVES AND DIRECTIONS TO IMPROVE THE CRIMINAL PROCEDURE LAW IN RESPECT OF MINORSThe article deals with the problematic issues relating to criminal procedure law regarding minors.Key words: juvenile, juvenile justice, protection of minors.
Ruzaeva E.M. CHARACTERISTICS OF ATHLETES AND COACHES AS THE SUBJECTS OF LABOUR LAWIn modern conditions is of great importance in Russia "physical education", which is one of the most important types of crops in that it integrates the development of spiritual and physical (bodily) values directly for motor activity. In light of recent developments, the law "on physical culture and sport in the Russian Federation provides for the regulation of labour athlete of the civil law, by means of a civil law contract. Therefore, in practice, there are many questions regarding the enforcement of labour laws and respect for labour rights and safeguards for professional athletes. A number of problematic issues in employment relations, professional athletes are considered in this article.Key words: employment, professional athlete, employment contract, subjects of labour law.
Ryabtsevа E.V. LEGAL AXIOLOGY OF THE RATIONALITYThe summary: the author рассмотривается a question on a rationality from a doctrine position about natural and a positive law.Key words: a term rationality, an axiology, participants of criminal legal proceedings, a positive law, the natural right.
Sablin D. A. MODEL OF FORMATION OF READINESS OF FUTURE LAWYER TO EDUCATIONAL WORK WITH MINOR CRIMINALSIn given article experience on designing of model of formation of readiness of the future lawyers to educational work with minor criminals is described; possible variants of effective ways of perfection of investigated process are offered. Key words: vocational training of the lawyer, readiness, professional readiness, educational work of the lawyer, the minor criminal, educational work with minor criminals, model of formation of readiness of the future lawyer to educational work with minor criminals.
Sementsov V.A. ON THE FOUNDATIONS OF FACE RECOGNITION TO VICTIMS AND THE EFFECTIVENESS OF MEASURES TO COMPENSATE FOR HARM CAUSED BY CRIMEThe necessity of expanding the grounds for recognizing a person injured by including in Part 1 of Art. 42 of the Code the possibility of recognizing victims in cases of allegations of crime and criminal proceedings, but subject to establishing the fact of the injury.Key words: crime, the victim, base status, judgment, damages, costs.
Sokolovа A.I. ABOUT NORMATIVE CONTROL FOR UNPUBLISHED (UNREGISTERED) REGULATORY ACTS IN LOCAL GOVERNMENTThe article discusses some aspects of the judicial control over municipal regulatory acts. Problems of this institution's implementation are generated by the contradictions in the regulation of both the normative control and procedures for issuance and registration of local government's acts. According to the results of studying the issue the author proposes to apply the judicial normative control to unpublished (unregistered) municipal acts.Key words: local government, normative control, publication, state registration, the municipal regulatory act.
Stepanenko T.V. TO THE QUESTION OF THE PERIODIZATION OF THE RUSSIAN CONSTITUTIONALISMThis article examines the problem of periodization of Russian constitutionalism, identifies the main stages of its development, the characteristic of the fundamental principles and properties that characterize each of its stages, identifies reasons for the lack of uniform understanding of the periodization of Russian constitutionalism in science.Key words: nobiliary constitutionalism, government constitutionalism, monarchical constitutionalism, the Soviet constitutionalism, Russian constitutionalism, periodization.
Tarnavsky O.A. PROCESS THE ACTIVITY OF PERSONS AFFECTED BY CRIME, FOR PRIVATE-PUBLIC PROSECUTIONThe article shows the legal nature of victims affected by the crime in criminal proceedings of private-public prosecution. It outlines controversial aspects of this activity and suggests ways to solve them. The position is grounded on the need for the increasing activity of the victim in criminal proceedings.Key words: the victim, private interests, private and public prosecution, the criminal suit, the private prosecutor.
Tatianina L.G. TERMINATION OF CRIMINAL PROCEEDINGS AGAINST THE PERSON IN NEED OF THE APPLICATION OF COMPULSORY MEDICAL MEASURES (DISCUSSION QUESTIONS)The article substantiates the view that differentiation of the decision in a criminal case in connection with the use of compulsory medical measures based on the recognition of a person insane or incompetent.Key words: termination of criminal proceedings, the application of compulsory medical measures, irresponsible, incompetent.
Teligisova S.S. PROCEDURAL STATUS OF THE INVESTIGATOR AS THE SUBJECT OF CRIMINAL PROCEDURE RELATIONSThe article considers the current criminal procedure law. Analizpokazal that procedural autonomy is clearly limited by the investigator and may lead to a depersonalization of the procedural shapes, reducing the prestige of the profession and the loss of this category of lawyers.Key words: Investigator, criminal procedure, the prestige of the profession, the figure of the procedural
Tenshin E.F. ON THE RIGHT OF THE CHILD TO INITIATE A CRIMINAL CASE OF PRIVATE PROSECUTIONThe article deals with the problematic issues associated with the implementation of child rights in the criminal case of private prosecution.Key words: child rights, private prosecution, criminal proceedings, the private interest, discretionary, the court judgment.
Terekhov N.N. VALUE OF PRINCIPLES OF CRIMINAL TRIAL IN SAFETY OF THE PERSON IN CRIMINAL LEGAL PROCEEDINGSIn article features of realization of principles of criminal trial in safety of the person in criminal legal proceedings are considered, the conclusion about necessity of updating of the maintenance of separate principles is proved.Key words: safety of the person, principles, criminal trial, legality, system, inviolability, protection.
Hamidullin N.R. INTERNATIONAL ASPECTS OF THE FORMATION OF SOCIAL PROTECTION OF THE POPULATION, THE EXPERIENCE OF FOREIGN COUNTRIESAnalyzed are the criteria for formation of the system of social protection of the population and the basis of its development with consideration of international treaties and agreements, as well as the experience of foreign countries. Key words: public policy, social policy, social protection, social security, social guarantees, norms of law, the convention, the ratification, the international treaty, the state, the organization of the social-market economy.
Huziahmetov D.M. ON THE CONCEPT OF JUSTICE IN THE CRIMINAL JUSTICE SYSTEMThe article deals with the concept of justice in the aspect of a national judicial protection functions.Key words: justice, the court, the judiciary, the legal issues of a procedural nature.
Tsibart E.E. THE CONCEPT OF A MECHANISM FOR ENSURING THE RIGHTS AND FREEDOMS IDENTITY OF THE SUSPECTIn this paper we study the concept and content of a mechanism for ensuring the rights and freedoms of the suspect. The essence of procedural form as an element of guarantees of rights.Key words: mechanism of realization of the rights and legitimate interests of the suspect, the procedural form.
Cheprasov M.G. CRIMINALLY-REMEDIAL PARITY OF LEGITIMATE INTERESTS ACCUSED AND THE VICTIM WITHIN THE LIMITS OF THE RUSSIAN CRIMINAL TRIALThe present article is devoted theoretical and practical questions of a parity of legitimate interests of the person accused and the victim within the limits of the Russian criminal legal proceedings. Key words: Accused, the victim, a legitimate interest, a parity of legitimate interests, criminally-remedial model.
Cherepova I.S. JUSTICE AS THE STATE AGENCY OF DEMOCRACY PROVIDING PROTECTION OF RIGHTS AND FREEDOMS OF MAINThe article lights up actual and needed questions from positions of the organizational-legal analysis and from practical point of view. Justice is the important organizing and stabilizing factor of community development its availability and openness provides realization of subjective constitutional right on judicial protection reflecting a level of legal activity of citizens. Key words: constitutional justice, power institutions, legal guarantees, right to judicial protection, subjective right of citizens, constitutional state , judicial system.
Chesnokova O.A. IMPLEMENTATION OF THE PRINCIPLES OF CRIMINAL LAW POLICY IN CRIMINAL LAW PROMOTING POSITIVE BEHAVIOR POSTPRESTUPNOGO PERPETRATORIn this paper we study the incentive issues of criminal policy, the role and purpose of criminal Right in connection with the promotion of positive behavior postprestupnym person who committed the crime.Key words: criminal policy, principles, encouraging, active repentance, reconciliation with the victim, the exemption from criminal liability circumstance mitigating punishment
Shaimullin R.K. CRIMES AGAINST THE INTERESTS OF SERVICE: CONTENT AND STRUCTURAL ANALYSISIn the article the modern Russian complex of crimes against the interests of service deals. On the basis of the conducted research the content and classification of crimes against the interests of service is given for more effective criminal law and anti-corruption legislation application.Key words: crimes against the interests of service, officials, classification of crimes against the interests of service.
Yakupova E.S. SOME ASPECTS OF THE TERMINATION OF CRIMINAL CASE BROUGHT IN CONNECTION WITH THE WILLFUL REFUSAL TO REPAY ACCOUNTS PAYABLE (ARTICLE 177 OF THE CRIMINAL CODE)
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Editor-in-chief |
Sergey Aleksandrovich
MIROSHNIKOV |
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