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№ 3 2005
Jurisprudence
Guskova A.P. REVIVAL OF JUDICIAL LAW CONCEPTION IN RUSSIAThe problems of judicial law conception revival because of legal defense functioning of person's laws and freedoms, citizen as a mechanism of legal regulation in the sphere of judicial activity are regarded in this article.
Enikeev Z.D. LAW-ENFORCEMENT POTENTIAL OF THE RUSSIAN CONSTITUTION AND PROBLEMS OF ITS REALIZATION IN CRIMINAL PROCEDUREThe nature of law-enforcement function of the Constitution of the Russian Federation and its problems, concerned with protection of person's and citizen's laws and freedoms are regarded in this article.
Volodina L.M. DIVISION OF POWERS: PERSON'S LAWS GUARANTEEThe problems of organization and functioning of a court as a body of judicial power on the base of division of powers theory are regarded in this article.
Amanullina A.F., Muratova N.G. HISTORICAL ASPECT OF JUDICIAL CONTROL FORMATION AT SERVING OF A SENTENCE IN RUSSIAThe attempt to analyze the process of judicial control formation during the serving of sentence stage from past till our days is given in this article.
Arabuly D.T. CALL PECULIARITIES OF AN EXAMINATION OF A WITNESS IN CRIMINAL LEGAL PROCEEDINGSLegal peculiarities of a call and an examination of a witness in criminal legal proceedings with barrister's participant are regarded in this article.
Baranov A.M., Suprun S.V. CONCLUSION OF A SPECIALIST IS A NEW METHOD OF EVIDENCES COLLECTIONThe author of this article has attempted to analyze the consequence of given innovation with account of insertion of a new method of evidences collection "specialist's conclusion" in criminal and procedural law.
Berezhko E.V. ACTIVITY OF A BARRISTER-DEFENDER IN CRIMINAL LEGAL PROCEEDINGS: SOME PROCEDURAL AND MORAL ASPECTSMoral beginnings in criminal legal proceedings are enough important during present-day procedural criminal legislation development. Activity of a barrister-defender was discussed and is discussed now. That's why this article is devoted to some procedural and moral aspects of barrister's activity in criminal legal proceedings, problems of procedural barrister's position, barrister's privacy and relations of a barrister and his client are broached here.
Bormotova L.V. DIRECTIONS, MEANS OF DEFENSE AND METHODS OF ITS REALIZATION DURING PREJUDICIAL PROCEDURE OF CRIMINAL CASEActivity of a barrister-defender during prejudicial procedure of criminal case is regarded in this article. All disposable authorities of defender, which are given to him by Procedural Criminal Code of the Russian Federation, are analyzed here. The attempt to solve procedural problems, concerning the law of a barrister to collect evidences, was endeavored in this article.
Tarnavsky O.A. PROCEDURAL AND LEGAL MEANS OF CIVIL SUIT ANALYSIS DURING TRIALProcedural problems, concerning investigation of civil suit during trail are regarded in this article.
Denisova T.Yu. EXPEDIENCY OF CIVIL SUIT HANDLING DURING CRIMINAL LEGAL PROCEEDINGSThis article is devoted to important problem, which is a support of civil claimant in Russian criminal legal proceedings.
Dyk A.G. PROBLEMS, CONNECTED WITH INSTITUTE OF CIVIL SUIT PRODUCTION BY A PROSECUTOR DURING CRIMINAL PROCESS IN FAVOUR OF THIRD PERSONSThe status of civil claimant in a case of civil suit production by a prosecutor at criminal case in favour of third persons (under ages, incapables, state) is opened in this article.
Zherebyatiev I.V. IMPORTANT QUESTIONS OF COURT PARTICIPATION IN PRE-TRIAL PROCEEDINGS AT CRIMINAL CASECourt authorities on the stage of preliminary inquiry are extended greatly with account of basic changes, happened in the sphere of criminal legal proceedings because of new Criminal Procedural Code of RF adoption. Some disputable moments, connected with administration of justice during pre-trial proceedings are regarded in this article.
Zakharyan G.Z. CIVIL AND PROCEDURAL STATUS OF FOREIGN CITIZENS AND PERSONS WITHOUT ANY CITIZENSHIPCivil and legal defense as a free and unchecked access to justice from the side of foreign citizens and their civil and procedural status, is regarded in this article.
Kamyshin V.A. DEFENDER AS A SUBJECT OF EVIDENCES COLLECTION: WISHFUL AND REALDisputable question about defender as a subject of evidences collection in the science of criminal process is researched in this article.
Kondrachuk O.N. INFLUENCE OF EMOTIONS ON THE VERDICT OF JURIES Actual problems of modern practice of questioning solution about person's guilt by juries (verdict of juries) are regarded in this article.
Ksenofontov V.V. THE PROBLEM OF CORRELATION OF ROMAN STATUTE AND CRIMINAL AND PROCEDURAL LEGISLATION OF THE RUSSIAN FEDERATIONThe problem of correlation of Roman statute norms of International criminal trial and criminal and procedural legislation of the Russian Federation is regarded in this article. The variants of concordance of questions of Statute, such as principle of complementary character, absence of jury institution and the law of accused on act of grace, transmission of citizens to the Court according to norms of the Constitution of RF and criminal and procedural legislation, are analyzed here.
Sementsov V.A. THE SYSTEM OF INVESTIGATIVE ACTIONS IN RUSSIA: HISTORY AND CONTEMPORANEITYThe history of formation of investigative actions system in Russia is disclosed in this article, necessary stages of origin of new cognitive investigation methods are determined here too. The author's interpretation of investigative actions system according to Criminal and Procedural Code of RF 2001 is given here, and the perspectives of this system development because of achievements of technological progress are indicated in this article.
Povrezuk G.I. COLLECTION PECULIARITIES OF INFORMATION ABOUT PERSON IN CRIMINAL AND CIVIL LEGAL PROCEEDINGSThe main task of investigation process of any crime is to establish all persons accessorial to it commitment. To establish a person it is necessary to have definite information about properties and peculiarities of this person. The peculiarities of information collection about established person is regarded in this article.
Volosova N.Yu. CRIMINAL AND PROCEDURAL CRIMINAL PROBLEMS OF LAW REALIZATION OF A PERSON TO HAVE FREEDOM IN GIVING EVIDENCEThis article is devoted to the important questions, connected with using of criminal and procedural criminal legislation at law realization of a person to give evidence during procedural activity of criminal case.
Pogorelov D.V. DATA INVESTIGATION OF AN ACCUSED PERSON, HAVING PHYSICAL AND MENTAL DEFECTS PER PROCEEDINGS OF MEDICAL PSYCHIATRIC EXAMINATIONSThe author of the article examines the problems, concerned the order of data investigation of an accused person, having physical and mental defects per proceedings of medical psychiatric examinations.
Rezepkin A.M. WHO CAN BE A DEFENDER IN A CRIMINAL LEGAL PROCEEDING?This article is devoted to the disputable problem in the science of criminal procedure about procedural position of defender- barrister.
Sboev A.S. THE OBJECT OF JUDICIAL CONTROL DURING PRE-TRIAL CRIMINAL LEGAL PROCEEDINGThe object of judicial control during pre-trial criminal legal proceeding is analyzed in this article. Concrete definition of common criterion "breach of constitutional law" by definition of not separate cases, but blocks (groups) of basis, permitted appeal of illegal actions and decisions of preliminary inquiry bodies in a court, is offered here.
Slavgorodskikh A.A. REALIZATION OF SECURITY FUNCTION OF A STATE PER CRIMINAL PROCEDURAL FORM OF LEGAL PROCEEDINGThe question about importance of procedural form at realization of security function of state, in the base of which the defense of person's laws and freedoms are the priority direction, is regarded in this article.
Gazetdinov N.I. ESSENCE AND MEANING OF COMPETITION PRINCIPLEThis article is devoted to the problems of essence of competition principle in criminal legal proceeding on the base of admitted Criminal Procedural Code of RF.
Skiba L.G. SOME PROBLEMS OF CRIMINAL PROCEDURAL CODE OF RF IN CONDITIONS OF COMPETITION IN CRIMINAL LEGAL PROCEEDINGPositions of criminal procedural law, concerned to the stage of criminal case initiation and institution of case turning to further inquiry by court, is analyzed in this article.
Sokolova N.G. ASSIGNMENT OF BARRISTER-DEFENDER AT THE STAGE OF PRELIMINARY HEARING WITHIN JURYThe questions about the importance and role of barrister-defender, taking part in preliminary hearing of cases within jury, are regarded in this article.
Takhtobina T.A. PECULIARITIES OF RESULTS' APPRAISAL OF OPERATIVE RESEARCH ACTIVITY IN CRIMINAL LEGAL PROCEDURE (THE PROBLEMS OF ADMISSIBILITY IN EVIDENCES QUALITY)Peculiarities of operative research activity in criminal legal procedure on the base of admitted new Criminal Procedural Code of RF are analyzed in this article.
Tkacheva N.V. LIMITS OF COMPULSION USE IN CRIMINAL LEGAL PROCEEDINGMeasures of criminal procedural compulsion, used by state bodies and officers as a type of influence on behavior of criminal case participants are regarded in this article.
Fedotova E.V. THE ROLE OF DEFENDER IN SPECIAL ORDER OF TRIALThis article is devoted to the problems of defender's participation in new institution for criminal procedure of RF, which is special order of taking sentences according to chapter 40 of Criminal Procedural Code of RF. The author analyses the experience of legislator in the sphere of similar institution of criminal process of foreign countries. The problems of law defense of accused in special order of trial of criminal cases, triable to justice of the peace are attended in this article.
Khripchenko S.N. THE ANALYSIS OF FEDERAL LAW "ABOUT STATE DEFENSE OF VICTIMS, WITNESSES AND OTHER PARTICIPANTS OF CRIMINAL LEGAL PROCEEDING"State of new Federal law about defense of participants of criminal legal proceedings during new institution formation of providing of criminal process participants security, is analyzed in this article.
Chuvashova N.S. THE ROLE OF DEFENDER IN A SPECIAL ORDER OF TRIALThe practice of case administration in a special order of trial is analyzed in this article. Also the statements of at legislation changing, directed on defense of accused interests are attached here.
Mischenko E.V. PROCEDURAL AND PSYCHOLOGICAL PECULIARITIES OF UNDER-AGE ACCUSED EXAMINATIONThe procedural peculiarities regulated with criminal procedural law of order of proceedings conduct at some categories of criminal case are regarded in this article.
Yurchenko L.V. EVIDENCES APPRAISAL ON THE STAGE OF PREPARATION TO THE TRIALThe stage of case preparation to the hearing, which was named early as the stage of committal, is discussed in this article. The problem of control during this process stage is regarded here, and the problem of evidences appraisal is researched. The question of moral certainty of judges is searched.
Yagofarov S.M. PROBLEM QUESTIONS OF USING OF INTERNATIONAL STANDARDS OF PERSON'S LAW IN CRIMINAL LEGAL PROCEEDINGThe author has brought up the question about using of universally recognized principals and norms of international law and international treatments in criminal legal proceeding by courts of general jurisdiction.
Miscellaneous
Zashlyapin L.A. CHARTER OF INTERNATIONAL MILITARY COMMISSION AND REASONING OF PROFESSIONAL DEFENSE THEORYThe problems of tactics and methods of professional defense in criminal process are regarded in this article. Charter of International military commission, norms epigenes of which is important for reasoning (disproof) of author’s researched science course, is analyzed here.
Karyakin E.A. THE PROBLEMS OF JUDICIAL ERRORS REMOVAL IN THE FRAME OF TEACHING ABOUT TRUTH IN CRIMINAL LEGAL PROCEEDINGThe problems of correlation of teaching about truth in criminal legal proceeding with problem of judicial errors are regarded in this article. The conclusions about necessity of theoretical investigation and further conception development of conventional and procedural truth in criminal legal proceeding are made here. Also the conclusions that involving of truth differed from objective in criminal process is not the reason of changes (increase and decrease) of judicial errors number, which were made during investigation and examination of criminal cases.
Mironov V.Yu. EVIDENCES AIM AND CRIMINAL JUDICIAL RELIABILITY: GENESIS AND COMMON GROUNDSThe problem of evidences aim, as a base of criminal procedural activity is regarded in this article. Reappraisal of many theoretical ideas, formed in past and came to our days in a sort of soviet epoch was made in the criminal procedural science in conditions of realization of judicial reform and court functioning as an independent branch of state power. The category of reliability was changed and got another status in criminal legal proceeding.
Shabetya I.V. PROCEEDING OF INVESTIGATION ACTIONS IN FRAME OF PROCEEDINGS INITIATION OF CRIMINAL CASEThe author of this article reveals very important problem of criminal process science, which is refusal of initiation stage of criminal case in purpose to provide the defense of person’s law in criminal legal proceeding and the access to justice.
Ksenofontova M.V. THE SYSTEM OF INTERNATIONAL AND ECONOMIC COOPERATIONThe problem of international and economic cooperation through modern international relations is regarded in this article. The questions of terminology, essence, nature, subject and norm structure of international and economic cooperation are searched here and multilevel system of international and economic cooperation is offered.
Uvarov A.A. CONSTITUTIONAL BASIS OF PERSON’S LAWS PROVISION IN THE RUSSIAN FEDERATIONConstitutional norms provided realization of people and citizen’s laws and freedoms and are analyzed in this article. The author gives wide classification of guarantees of laws and freedoms from the point of view of their functional purpose, and characterizes the regimes of limitation of laws and freedoms, set by constitution of RF. The concept and peculiarities of constitutional guarantees are regarded here too.
Petrov A.V. PLACE OF URAL AND SIBERIA POLICE IN THE SYSTEM OF POLICE ORGANIZATION IN RUSSIAImportant problems of police formation in Ural and Siberia in the system of political organizations at the beginning of XX century before revolution and after are regarded in this article.
Yanbukhtin P.M. PERSONALITY OF AN OFFICIAL OF INTERNAL AFFAIRS BODIES AS AN OBJECT OF MANAGEMENT RELATIONSThe personality of an official of internal affairs bodies in the system on management relations is regarded in this article. Organizational, value motivational, moral psychological, staff and social aspects of professional activity of officials of Internal Affairs Ministry are analyzed here too. The personality of a head of internal affairs bodies in management relations are searched in this article.
Uzyakov A.D. PERFECTION OF LAW BASE OF SOCIAL SPHERE REGULATIONImportant problems directed on law regulation of social sphere of Russian civil society and constitutional state, are regarded in this article.
Fedorenko S.V. ABOUT LEGAL STATUS OF THE HEAD OF LOCAL ADMINISTRATION OF MUNICIPAL UNIONThe legal status of the head of local administration according to the federal Law “Avout general principals of local government organization in the Russian Federation” dated 06.10.2003, legislation of subjects of the Federation and international legal norms, are analyzed in this article. Foreign experience of local government functioning is considered in this work too.
Makhrova M.V. STATE CONTROL IN THE SPHERE OF EXECUTIVE POWER OF THE RUSSIAN FEDERATIONAccording to the Constitution of the Russian Federation executive power is a branch of state power which is directed to execute laws. Not decreasing the meaning of other power branches, such as legislative and judicial, at the same time one can say that the degree of people and citizens laws and freedoms realization depends on effectiveness and legality of decisions and actions of bodies and officers of executive power bodies. As a result of this executive power being independent branch of state power of the Russian Federation is under control at the same time. This article is dedicated to the studying of state control organization for activity of executive power bodies’ activity, and also to problems of perfection of state control system.
Osinochkina E.V. HISTORICAL CONDITIONS OF FORMING AND FORMATION OF MUNICIPAL SERVICE IN RUSSIAThe historical process of forming of local government institution, evolution of municipal service in Russia are regarded in this article.
Lyubichankovsky S.V. LEGISLATIVE PROVIDING OF PROVINCE GOVERNMENT FUNCTIONING IN 1892-1913Legislative providing of province government functioning in 1892-1913 on the territory of European part of empire is searched in this article. It was ascertained that legal regulation of its functioning was changed in time. The sides of work to which the legislator paid higher attention are discovered here.
Aksenov S.G. THE FIRST STATE LEGAL ASPECTS REGULATED ACTIVITY OF FIRE PREVENTION IN RUSSIA IN XV-XVII CENTURIES (HISTORICAL AND LEGAL ASPECTS)The problems of fire prevention providing during different stages of historical development of Russian state are analyzed in this article. The problems of fire prevention activity in XV-XVII centuries are regarded here. The legislation regulated activity of fire prevention service during the first century of state organization is regarded here too.
Nosenko L.I. PEOPLE LAWS AND LAND JURAL RELATION, SOME THOUGHTS ABOUT LAWS OF UNDER AGE CITIZENS OF RF ON LAND SHAREPeople laws and land jural relations, and also all following laws of under age persons on land share are regarded in this article. In conditions of land legislation imperfection such researches are of science interest, because under age persons are deprived of many laws, connected with property law, including land share.
Novoselova.A., Bauken A.A. TO THE PROBLEM ABOUT SYSTEM OF PROPERTY LAW DEFENSE (CIVIL AND LEGAL ASPECTS)It was made an attempt to analyze the system of civil and legal types of property law defense of subjects on the base of protective measures system.
Morozova T.V. LEGAL ASPECTS OF CORPORATE MANAGEMENTThe research of concept and essence of corporate management, its subjects in Russian law on the base of normative legal acts analysis, special literature and legal arbitral practice about legal status, forming and activity order of management bodies of open joint-stock companies, are regarded in this article.
Magomedov I.A. PECULIARITIES OF MOSLEM FAMILY LAWMoslem law is one among eight existed on the present day in the world legal families. For Russia its studying has special importance because Moslems present great part of population of Russia. The search of Moslem family law is very important, because the influence of this law is great in "Moslem" regions.
Pozdnyakova E.A. LEGAL LIABILITY OF EMPLOYERS FOR BREAK OF PRESERVATION OF THE ENVIRONMENT LEGISLATIONThis article is devoted to the problems of legal liability such subjects of labour law as employers for break of preservation of the environment legislation. The author regards both as types of liability, allocated in normative legal acts, for example: property, administrative, disciplinary, criminal, as other types of liability, researched in science literature.
Kutuzov V.I., Popov A.A. THE PROBLEM OF LAWS DEMARCATION OF CITIZENS, PERSONS WITHOUT ANY CITIZENSHIP, FOREIGN CITIZENS, SOCIAL ORGANIZATIONS AND JURIDICAL PERSONS ON ECOLOGICAL INFORMATION AND THEIR LAWS ON ECOLOGICAL AWARENESSThe problems of correlation of concepts “law on ecological information” and “law on ecological awareness” at higher social interest to ecology are regarded in this article. The ways of its solution are offered here too. Determinations of set authorities, their sources, distinctive features are formed and close correlation and interdependency are proved.
Grishaeva Yu.I. CONSTITUTIONAL BASIS OF INFORMATION LEGAL STATUS OF A PERSON AND A CITIZENThe article is devoted to the analysis of constitutional regulations, regulated relations connected with realization of general informational laws and freedoms of a person and a citizen on the territory of the Russian Federation from position of two approaches of the understanding of law on information. Some historical stages of this law development in native law doctrine are represented here.
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Editor-in-chief |
Sergey Aleksandrovich
MIROSHNIKOV |
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