№ 3 (152), 2013
Zubova L.V., Bursakova M.S. THE PROBLEM OF COMPREHENSIVE STUDY OF ORGANIZATION AND PEDAGOGICAL SUPPORT FOR PREVENTION ANTISOCIAL PERSONALITY OF SCHOOLCHILDRENIn this article on the basis of the theoretical analysis of psychological-pedagogical literature the problem of complex organizational and pedagogical support of prevention of an asocial orientation of the identity of the school student from a position of information approach is considered. The model of prevention of an asocial orientation of the personality is offered. Key words: pedagogical support, asocial personality, information approach, preventive way, reflexivity.
Afonichkina N.V. PRIORITY OF INTERNATIONAL LAW AND THEORETICAL ASPECTS OF INTERACTION OF THE INTERNATIONAL AND NATIONAL MECHANISMS OF LEGAL REGULATION IN THE FIELD OF HUMAN RIGHTSThe article analyzes actual problems of implementation of human rights from the angle determining influence of international law on process of the rights regulation in the field of human rights, the close interrelation and interaction of two mechanisms of the legal regulation — international and national, some ways of improving the activity of the state to administer the rights are specified.Key words: the legal regulation, the general subject of the legal regulation, the mechanism of the legal regulation, imperatives of human rights, legal determinations of the law-enforcement authorities, the international control and self-checking of the state, intersystem legal categories, judicial protection as a guaranty of human rights, international legal sense.
Balovneva V.I. IMPROVEMENT OF REPARATION OF DAMAGES MECHANISM, CAUSED BY CRIME, INCLUDING INDIVIDUALS AND LEGAL ENTITIESThere are issues about reparation of damages to crime victims, including legal entities in this article. Legislative regulation's gaps of legal positions in reparation of damages' possibilities to aggrieve from the conclusion of a pretrial cooperation agreement person are shown.Key words: aggrieved person in criminal procedure, pretrial cooperation agreement, the guarantee of execution of the sentence in the part of civil claim.
Bezrukov S.S. "MIRROR" OF THE MODERN DOCTRINE ABOUT THE PRINCIPLES OF CRIMINAL TRIALIn article modern approaches to definition of concept and system of the principles of criminal trial are analyzed. As a result of their research the author comes to a conclusion that key questions of this perspective continue to remain today debatable though in the existing Code of criminal procedure of the Russian Federation the certain head is devoted to the principles of criminal legal proceedings.Key words: criminal trial, criminal legal proceedings, principles of criminal trial (legal proceedings), system of the principles of criminal trial (legal proceedings).
Bormotova L.V. FEATURES OF INFORMATION AND COMMUNICATION SUPPORT OF CRIMINAL LEGAL PROCEEDINGS IN RUSSIAN FEDERATIONResearch of the regulatory issue of application of technical means in criminal legal proceedings. The author's position of the procedural importance of materials of the criminal case collected with application of information and communication technologies is given. Criteria of an assessment of the evidence obtained with application of technical means of fixing of information are allocated. Ways of reforming of the criminal procedure legislation taking into account possibility of use of technical means and the data received with their help, not only as auxiliary tools are designated at investigation and disclosure of crimes, but also fixed assets of recording of investigative actions.Key words: proofs, evaluation of proofs, methods of digital compression of information, polygraph, video conferencing.
Borozdin M.S. THE NOTION "CORPORATE LABOUR MARK OF DISTINCTION" (SOCIAL LEGISLATION AND LAW ENFORCEMENT IN THE REGIONS OF ORENBURG AND TULA )In presented article the notion "Corporate labour mark of distinction" is considered. The author compares social legislation and law enforcement of Orenburg and Tula regions on affairs about decoration assignment "Labour veteran". The author suggests implementing considered concept in the federal legislation.Key words: corporation, labour mark of distinction, consumer's co-operation, labour veteran, Orenburg region, Tula region.
Brazhnikova A.S. SOURCES OF THE INCOME OF THE ORENBURG PROVINCE (BASED ON "GOVERNOR'S REPORTS" AND PREPARATORY OF STATISTICAL DOCUMENTATION FOR THE YEARS 1874–1878)The problem of reliability of the statistical data containing in governor's reports is considered. On the basis of the analysis and comparison of these sources with initial statistical documentation the author comes to a conclusion about a contradiction and incomplete character of statistical data according to the income of the Orenburg province for 1874–1878, intended for inclusion in the governor's report.Key words: social and economic development of the region, agricultural year, province, governor, sources of the income, budget, preparatory statistical documentation, governor's report.
Volkov A.V., Tisen O.N. POPULATION NARCOTIZATION COUNTERSTAND AS AN INTEGRAL PART OF THE STATE YOUTH POLICYThe article is devoted to the emergence of new types of drugs and against their spread among the youth.Key words: narcotic drugs and psychotropic substances, drug policy, substance use, criminal liability.
Volosova N.Yu., Barabanova T.S. MEDIATION IN CRIMINAL LAW: ISSUES NEED TO BE SOLVEDIssues of the usage of the mediation procedure in criminal law, mediator's status and also the allotment's possibility of mediator witness immunity's right are considered in the article.Key words: mediation, witness immunity, mediator, criminal legal conflict.
Goptareva I.B. GLOBAL MANAGEMENT AS A DERIVATIVE OF GLOBALIZATIONThis article discusses the challenges of global governance, its objectives, concepts, including regulatory and teleological concept "Governance per se", which includes goals of institutions and norms of control subjects, consideration of the institutional forms of government regulation and social coordination mechanisms of multilevel system with the participation of civil society.Key words: globalization, governance, global governance and democratic legitimacy in global governance.
Guzhva O.V. GENESIS OF ENFORCEMENT INSTITUTE IN THE RUSSIAN CRIMINAL TRIALThe article discusses the development of Russian legislation on the regulation of the Institute of execution as the stage of the criminal proceedings. The author concludes that the order of adjudication of issues related to the execution of the sentence requires further legislative regulation.Key words: entry of the verdict, the sentence; issues related to the execution of the sentence, reprieve.
Guskova A.P. ON THE CRIMINAL INVESTIGATOR PROCEDURAL FUNCTIONSThe article deal with the procedural position of the investigator, who shall have the function of criminal procedural investigation, author reveals the contents of this function.Key words: criminal procedural functions, the procedural position of the investigator, the procedural obligations of officials.
Davydova N.Yu. OPERATION OF LAW IN THE JURISDICTION IMPLEMENTATION BY MUNICIPAL AUTHORITIES The article deals with the definition of the concept, content and structure of a mechanism to ensure the legality of the enforcement and local government officials, the individual elements of local government described.Key words: rule of law, guarantee the rule of law, local governance
Zuev V.I. CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION — COURT BODY FOR CONSTITUTIONAL CONTROLThe paper studies the issues of formation in our country institution of constitutional review, including the law on the Constitutional Court of the Russian Federation, its mandate, composition, basic principles and guarantees of the activity.Key words: constitutional, the constitutional jurisdiction, powers, principles, safeguards activities.
Kaats M. E, Nasyrov R.R. THE BODIES IMPLEMENTING OPERATIVE DETECTION ACTIVITY AS THE SUBJECTS OF NATIONAL CRIMINAL PROCEDUREThe article considers the questions of the procedural status of the operative detection bodies in the system of the acting Criminal Procedure Legislation from the position of their relating to such subject of the criminal legal proceeding as interrogation. The separate moments of the problematic-terminological definition "interrogation bodies" and "the bodies implementing operative detection activity" have been analyzed. It has been also formulated the necessity of defining the separate procedural status of the operative detection bodies in the system of the national Criminal Procedure.Key words: criminal procedure, the bodies implementing operative detection activity, inquiry bodies.
Kamardina A.A. PARTICIPATION OF THE TRANSLATOR IN THE STAGE OF EXECUTION OF THE SENTENCEIn the present article one of the principles of criminal legal proceedings — language of criminal legal proceedings, its realization in a stage of execution of a sentence is considered. The right condemned is considered to use the help of the translator for realization of the rights and freedoms by consideration production and permission of the questions connected with execution of a sentence. Key words: the translator, the language of criminal legal proceedings condemned, the rights and duties of condemned, the principle of criminal proceeding.
Kovaleva О.А. THE CAUSES AND PROBLEMS OF TRANSITION FROM TECHNICAL REGISTRATION TO CADASTRAL REGISTRATION OF REAL ESTATE OBJECTSArticle defines the principles, technical and practical problems of transition from technical registration to cadastral registration of real estate objects.Key words: technical registration, cadastral registration, real estate objects, housing resources.
Kovalevskaya N.V. TO THE QUESTION ABOUT THE DEFINITION OF THE CRIMINAL PROCEDURAL OFFENCEIn the article are brought up debatable issues about term of criminal procedural offence.Key words: criminal procedural offence, criminal procedural mistakes, objective and subjective signs of offence.
Kondratovа V.A. INSTITUTE OF THE PRE-JUDICIAL COOPERATION AGREEMENT: TRANSACTION WITH JUSTICE OR MODERN MEANS OF OVERCOMING OF COUNTERACTION TO INVESTIGATIONThe present article is devoted to debatable questions of formation and functioning of a procedural form new to the national legislation — the pre-judicial cooperation agreement. The role of this institute in improving the response to crime has been analyzed, and also recommendations about improvement of a regulation and its application are expressed.Key words: criminal trial, criminal legal proceedings, the pre-judicial cooperation agreement, crime, the suspect accused, the defender, the investigator, the head of investigative body, the prosecutor, court, the parties.
Kuchub N.A. FEATURES OF RELATIONSHIP WITH FOREIGN SPOUSESThe article discusses the novella of the Family Code of Russia, which is a significant change in section VII "The use of family law to family relations involving foreign citizens and persons without citizenship."Key words: family, marriage, legal spouse, the citizens of the Russian Federation, foreign citizens and the state.
Levchenko O.V. CLASSIFICATION OF PROOFS IN CRIMINAL TRIALNow the question of classification of proofs in criminal trial, remains debatable, in article classification of proofs is considered, in particular on nature of communication with proved circumstances of the proof share on direct and indirect, and also on a way (mechanism) of formation of the proof which are divided into personal and material.Key words: proofs, circumstances, direct and indirect, personal and material, circumstances subject to proof.
Letuta T.V., Markelova I.A. CONTESTATION THE DECISIONS OF THE MEETING: THE PROBLEM OF PROTECTING THE RIGHTS OF SHAREHOLDERS.In this work assesses the prospects for making changes to the Civil Code of Russia regarding regulation of the meeting solutions applied to joint stock companies. Reveals problems in the implementation of the shareholder rights and management shareholders' right to judicial protection with regard to the provisions of the Draft contesting decisions of meetings. Based on the analysis of judicial practice, a comparative study of laws and regulations provides possible solutions to these problems.Key words: The rights of shareholders, the general meeting, the right to protection, corporate law, contestation the decisions of the meeting.
Magomedov R.R., Chogandaryan M.G. THE HISTORICAL AND PSYCHOLOGICAL BASES OF FORMATION OF THE SOVIET EXTERNAL ENEMY IN THE FIRST HALF OF THE 1930TH YEARSThe article discusses the historical content of such phenomenon of public consciousness as "the image of the enemy". The appeal to this subject is dictated by the reason that the image of the enemy in the Soviet state was one of the key phenomena of the Soviet reality, a phenomenon of public consciousness. Relevance of a subject is caused by that, "the image of the enemy" continues to be used actively today in practice of the interstate relations. The authors examine the ways and origin methods in consciousness of the Soviet citizens of idea of "opponent" as which all capitalist countries act. Key words: image of the enemy, political propaganda, external enemies, public consciousness, myth, stereotype.
Maksimenko E.I. RELATION OF PUBLIC AND PRIVATE INTERESTS IN THE RULE OF LAW STATE WITH REFERENCE TO THE JUDICIAL LAW: THEORETICAL AND INTERNATIONAL RIGHT ASPECTSThe article examines the question about the relation of public and private interests in the light of the international obligations of the state in sphere of human rights by means of realization of principles of the rule of law state. Key words: a rule of law state, international law, the international standards, human measurement, the public interest, the private interest, the judicial power, justice, procedural parity of private and public interests.
Maslova Z.G. SUPERVISION OF THE MINOR ACCUSED (SUSPECT) AS THE MEASURE OF RESTRAINT IN CRIMINAL CASES AGAINST THE MINORSThe article reviews the order and conditions of application of one of a measure of restraint for minors — their return under supervision of lawful representatives, trustees and other persons specified in the law. The article considers the variety of opinions about the efficiency of application of this measure of restraint.Key words: minor, supervision, measure of restraint, protection of the rights and freedoms of minors, lawful representatives.
Mahrova E.I. THE PROBLEMS OF BUILDING A STATE OF LAW IN RUSSIAThe article deals with the problems of rule of law in Russia, reflected the actual situation in the field of establishing the foundations of law, proposed solutions to these problems.Key words: constitution, government, rule of law, sovereignty, state power.
Mishchenko E.V. ABOUT THE ESSENCE AND PROPERTIES OF CRIMINAL PROCEDURE FORMThe notion and essence of criminal procedure form are investigated in this article within the interrelation of different institutions. The features and significance of the criminal procedure form are analyzed within the framework of legal proceedings realization. Key words: criminal procedure form, stages of the criminal process, the rule of law guarantee, principles of criminal justice, criminal procedure process, law (jurisdictional) process, features of criminal procedure form, criminal procedure activity.
Nikulin A.Yu. PROBLEMS OF LEGAL PERSONALITY OF LEGAL ENTITY IN CRIMINAL PROCEEDINGThe present article is devoted to debatable questions of participation of the legal entity in criminal legal proceedings. The special attention is paid to a ratio of adjacent concepts "organization" and the "legal entity" coexisting in the criminal procedure law, and also conclusions on specification of separate criminal procedure norms are formulated.Key words: criminal trial, criminal legal proceedings, legal entity, organization; enterprise, establishment; legal status, procedural status, right subjectivity; participant of criminal trial, subject; rights and legitimate interests.
Osinochkina E.V. CONSTITUTIONAL LEGAL FRAMEWORK ON ASSISTED REPRODUCTIVE TECHNOLOGIES AND BIOETHICS ISSUESThe article deals with the legal regulation of issues of innovative development of assisted reproductive technologies, medical experiment, bioethics. The issues of the legal status of participants in medical treatments and assisted reproductive technologies. The issues of legal consolidation of the principles of bioethics.Key words: assisted reproductive technologies, medical experiment, bioethics, embryo, reproductive choice.
Ruzaeva E.M. SOME ISSUES OF SOCIAL POLICY FOR DISABLE PERSONS: LEGAL ASPECTThe article discusses some of the legal aspects of social policy for disable persons. The study of this problem is caused by economic development, changing social and labor relations, and increased discrimination against disabled people in employment and the transformation of Russian society.Key words: disable persons, disability, regulation of labor and social policy.
Ryabtseva E.V. ADVOCATE SECRETS — BASIS OF INDEPENDENCE OF THE ADVOCATEIn article some procedural aspects of lawyer secret are considered by processing preliminary investigation, namely, at interrogation of the lawyer. On the basis of the current legislation analysis, and practice of Constitutional Court of Russian Federation drawn conclusions that makes a basis of advocate secrets and shown possibilities of its legislative restriction. Key words: Advocate secrets, witness immunity, confidentiality of data of the principal, termless nature of secret, disclosure of advocate secrets.
Sokolova A.I. DEFINITION AND LEGAL NATURE OF INSTITUTION OF COMPLIANCE ASSESSMENTThe article describes the essence of the basic features and the legal nature of the institute for compliance assessment. A comparison with other types of control activities in the country in general subject — legal acts, has been held. Developed the author's definition of normative control, set the terms of its objects, purposes and objectives.Key words: compliance assessment, constitutional control, judicial compliance assessment, procuracy supervision, standardization.
Tisen O.N. EXTRACTION OF CRIMINAL CASE AGAINST PERSONS WHO HAVE ENTERED THE PRE-TRIAL COOPERATION AGREEMENT: PRACTICAL ISSUES AND CONFLICT OF JURISPRUDENCEThe author analyzes the practical application of the provisions of criminal procedure providing for the extraction of criminal proceedings against a person who have a pre-trial agreement on cooperation.Key words: pre-trial cooperation agreement, the extraction of criminal proceedings, judicial practice, a procedural decision.
Тutina N.V. CONSIDERATION OF CRIME REPORTS BY THE BODIES OF INQUIRY OF FEDERAL BAILIFF SERVICE OF RUSSIAThe article is devoted to peculiarities of conducting a pre-investigation check of the information about crimes by bodies of inquiry of Federal Bailiff Service of Russia. Addressed to the issue of meaning of documents and materials received in the course of the operation. On the basis of law-enforcement practice it is suggested that there should be more detailed regulation of the verification procedure in criminal procedural law. Ways of doing this, which should be laid down by the CPC RF, are defined more precisely.Key words: initiation of criminal case, crime against justice, evidence, explanation.
Tsivenko I.V. PROCURATORIAL SUPERVISION AS A WAY TO FIGHT AGAINST EXTREMISM. WAYS TO IMPROVEThe article discusses the fight against extremism, the necessity of coordinating the work of the entire system of law enforcement agencies in the fight against extremist offenses.Key words: extremism, public prosecutor's supervision, the extremist offenses.
Cherepova I.S. CONSTITUTIONAL RIGHT OF CITIZENS TO PARTICIPATE IN THE ADMINISTRATION OF JUSTICE: THE CONCEPT AND COMPOSITIONThe article deals with current issues of the constitutional right of citizens to participate in the administration of justice. Under the constitutional right of citizens of the Russian Federation to participate in the administration of justice should be understood guaranteed by the State and enshrined in the Constitution political right of Russian citizens to be an active participant in the process of administration of justice.Key words: constitutional right, justice, government institutions, the legal guarantee of the right to judicial protection, the subjective right of citizens, rule of law, the guarantee.
Shagivaleeva I.Z. SOME ISSUES OF THE LEGAL NATURE OF THE CONTRACT OF TRUST MANAGEMENTThe article is devoted to the topical questions of the contract of trust administration of property.Key words: management, property, notary officer.
Yagofarov S.M. JUDGEMENTS OF EUROPEAN COURT AS A SOURCE OF CRIMINAL PROCEDURE IN RUSSIAThe article deals with the question of the place the European Court in the Russian legal system and the problems, arising in this context, exploring the possibilities for their resolution.Key words: criminal procedure, the source of law, the European Court.
Ermakova Zh.A., Korabeynikov I.N. SCIENTIFIC AND TECHNOLOGICAL PROGRESS AS A BASIS FOR SOCIO-ECONOMIC DEVELOPMENT OF THE REGIONThe article offered directions of implementation of the scientific and technological progress in the region at the present stage of social and economic development. The characteristics of these directions are represented. The special focus is made on the development of the productive forces, comprehensive technological modernization of production, development of a knowledge economy in the region and improvement of governance, according to the transition to a network model.Key words: scientific and technological progress, region, socio-economic development, the productive forces, technological mode, knowledge economy, management.
Medvedev P.V., Fedotov V.A. INFORMATION MEASURING SYSTEM OF DETERMINATION CONSUMER PROPERTIES OF WHEATPossibilities for determination of wheat consumer properties in information measuring system are explored. Use of the developed methods of computer vision allows defining indicators for grain hardness and water absorb capacity with maximum error not exceeding 3%. The use of engineered artificial neural network allows to reduce the error of definition of a class of grain hardness up to 0.2-1.0%.Key words: information measuring system, useful quality, wheat, computer vision, artificial neural network.
Ponomarev D.V. DESIGN FEATURES OF MULTIMEDIA PUBLICATIONS FOR MOBILE DEVICESThe communication properties of the print and multimedia publications was compared. Given the qualitative assessment of the current situation on the market of electronic books and magazines. Defined main problems in the field of design of ideology of multimedia editions. In terms of a number of projects attempts to form a new project ideology are shown.Key words: electronic publications, multimedia, mobile devices.
Savelieva I.N., Stupalova L.G. THE STUDY OF DYNAMIC CHANGES IN BODY SIZE OF WORKERS IN THE COURSE OF EMPLOYMENT AS A STAGE OF DESIGN CLOTHING DESIGNThe paper describes the experiment to determine the dynamic changes in the parameters of agricultural workers in the workplace, which has a significant impact on the shaping of comfortable clothing as part of its design engineering.Key words: design engineering, clothing, labor movements, the dynamic changes.
Timofeeva D.V., Zinyukhina A.G., Popov V.P., Korotkov V.G., Antimonov S.V. OPTIMIZATION OF THE CHANGES OF THE AGGREGATIVE STATE OF MATERIALS IN THE EXTRUSION PROCESS On the basis of the pilot research is proposed to develop Saving Technologies extruded products including adhesive-cohesive interactions permits substantive reduce energy and resource consumption in the production process. This paper investigated the effect of extrusion process various kinds of agricultural raw materials to changes in the physical-chemical, structural, and mechanical properties of the materials being processed.Key words: energy saving, extrusion processing, analysis, elastic-visco-plastic mass.
Chepasov V.I., Fot A.P., Bikmukhametova A.A., Sologub L.F. BASIC PARAMETERS FOR DEFINITION OF CHARACTERISTICS OF SETS OF END MEASURESThe article discussed the questions of optimization of parameters of sets of plane-parallel end measures on the basis of the methodology of association of the studied parameters of factors and location on the results of the associations in each of the factor of the basic parameters of the sets. On basic parameters, built models for finding of the main characteristics of sets of end measures.Key words: factorial loading, association on a factor, basic, the parameter argument, a contribution, minimization, regression.
|Sergey Aleksandrovich |