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№ 3 2004
Humanitarian sciences
Guskova A.P. RUSSIAN FEDERATION CRIMINAL PROCEDURAL CODE - NEW CONTENT, NEW PROCEEDINGS FORM The article considers up to date matters on stressing the human and civilian rights and freedoms defense on the basis of judicial control in pre-court proceedings under the RFCPC. Hence, not only new content has been exposed in the RFCPC but also new proceedings form. Is the judicial control one of the forms of justice? This is the main question the present study is dedicated to.
Yurchenko R.N. TORTURE PREVENTION PROBLEMS The article considers up to date matters concerning torture prevention problems under legislation of Kazakhstan Republic. There should be mental element and objective element for criminal responsibility attachment as for illicit act inflicting physical and mental sufferings to a person. The criminal responsibility was carried into effect by criminal legislation of Kazakhstan Republic on December 21, 2002. The author tells about it.
Arabuly D.T. SOME PROBLEMS OF PRIVATE PROSECUTION CRIMINAL CASES CONSIDERATION Vague regiment of criminal proceedings parties activity and conceptual base in the RFCPC text for private prosecution criminal cases raise such discussion matters as preliminary hearing possibility and defining status of a person, in reference to the application for criminal responsibility impleading was submitted.
Baranov A.M. PROCEEDINGS MISTAKES AT PRELIMINARY INVESTIGATION AND ADVERSARY TRIAL THEORY
Berezhko E.V. ROLE OF MORAL BASICS IN CRIMINAL PROCEEDINGS AT PRESENT STAGE OF RUSSAIN LEGISLATION PROGRESS This academic article is dedicated to moral aspects meaning for criminal proceedings. Role of moral basics is increasing after adoption of the new RFCPC . Legislator makes accent of necessity of enforcing moral norms aiming for law enforcers in order to provide citizen's rights and legal interests in criminal proceedings at high standards.
Bormotova L.V. SOME ASPECTS OF ADVERSARY TRIAL AND PARTIES EQUALITY IN THE RF CPC The article considers problem matters of criminal proceedings functions of prosecution, defense and adjudgement on the basis of adversary trial. The author makes proposals on extending discretionary in criminal proceedings: limiting court activity, providing defense lawyer with additional means of defense, consolidating legal status of a victim.
Karyakin E.A. CRIMINALISTIC SUPPORT OF ADVERSARY TRIAL ENFORCMENT IN CRIMINAL PROCEEDINGS The article raises up to date matters, concerning problems of adversary trial enforcement in criminal proceedings. Criminalistic science role in this process is considered; views of criminal proceedings and criminalistic academic persons and practicians are analyzed. On the basis of this it is concluded of necessity in forming of the academic study, which must produce certain methods of compearance, defence or representation applying to particular investigation (judiciary) situation.
Lozhkin S.B. LIMITATIONS AT APPLICATION AND IMPLEMENTATION OF FORENSIC PSYCHOLOGICAL EXAMINATION IN CASES OF RAPE IN RESPECT OF UNDER AGE PERSONS The present article considers matters concerning the most typical mistakes of investigators at application and implementation of forensic psychological examination in cases of rape in respect of under age persons and also the psychologist examiner's role in the examination is disclosed.
Tatianina L.G. SOME MATTERS OF CRIMINAL PROCEEDINGS EVIDENCE IN CRIMINAL CASES HEARD IN SPECIAL PROCEDURE TRIAL The article considers matters concerning the problems of the evidence rising at hearing cases in special procedure trial and ways of resolving are suggested.
Mashovets A.O. PROCEDURAL MEANS OF VICTIM'S AND PLAINTIFF PROPERTY RIGHTS DEFENCE IN TRIAL JURY The article studies matters concerning trial jury procedure on victim's and plaintiff property rights. A victim or plaintiff as prosecution representatives should have equal procedural capacities with defense representatives. The RFCPC providing broad range of rights meanwhile allows limitations of their procedural capacities on some matters and this influences negatively on criminal proceedings efficiency.
Muratova N.G. PROBLEM OF NEW (REPEATED) EVALUATION OF CASE CIRCUMSTANCES IN COURTS OF CASSATION AND APPEAL (CRIMINAL PROCEEDINGS) The article studies up to date matters of evaluation of case circumstances in courts of cassation and appeal on the basis of those democratic reforms laid down in the RFCPC 2001. Process of procedure in the specified stages has been changed in quality regarding adversary trial and parties' equality principle. This means that procedural form is in need of study.
Sementsov V.A. ATTORNEY'S SUPERVISION OF INVESTIGATION ACTS The article studies role and meaning of attorney in modern criminal process of Russia because nowadays he performs two functions - criminal prosecution and investigation and preliminary investigation authority's procedural activity supervision. Important direction of supervision is a supervision of investigation acts implementation from which most criminal case evidence is examined. The article pays much attention to new directions of supervision relating prosecutor's consent on rising motion before the court on implementation those investigation acts which are concerned with constitutional rights limitations.
Tarnavsky O.A. ROLE OF THE STATE AND AUTHORITIES IN DEFENDING PROPERTY RIGHTS OF CITIZENS IN CRIMINAL PROCEEDINGS The problem of persons' defense whose rights were violated is still one of the current interest and difficult to find solutions. The article discloses the level of rights and freedoms availability provided by the state. Negative reasons influencing property rights defense in criminal proceedings are considered. Complex program of victim's defense on compensation payments for victims is proposed to consider.
Shamardin A.A. TO THE MATTER OF DISCRETIONARY PRINCIPLE IN CRIMINAL PROCEDURAL LAW The article discloses the problems concerned with defining the content of discretionary principle in criminal proceedings of Russia. In particular, the nature of discretionary as criminal procedural law principle and necessity of its content is settled into Chapter 2 of the Criminal Procedural Code. The problems of discretionary relation with some parts of criminal procedure basics are examined and also discretionary principal differentiation and discretionary method of legal regulation.
Bishmanov B.M. EXECUTION OF FORENSIC ENQUIRY IN CRIMINAL PROCEDURE
Mischenko E.V. SOME ASPECTS OF PROCEDURAL ACTIVITY OF DEFENSE LAWER IN UNDERAGE CASES The article considers up to date matters of defense lawyer participation in underage cases proceedings. Infant (teenage, underage) age as it is determines the proceeding's peculiarity and also that the person has special psycho physiological and social features of personality, life changes inadaptability. The article pays attention to problem questions of underage rights defense.
Hismatullin R.S. THE PROBLEMS OF UNDERAGE RIGHTS DEFENSE GUARANTEES IN A TRIAL The article examines important questions relating to the underage rights defense guarantees in a trial. The main purpose of judicial reform as it is known, should be quality shifts of judicial activity in underage cases. The article pays much attention to these problems.
Shamurzaev T.T. INTERROGATION OF INFANT ACCUSED UNDER THE PROCEDURE CRIMINAL LAW OF THE KIRGHIZ REPUBLIC The article is devoted to a vital topic of the procedure criminal right, to which a little attention is paid, - it is the problem of interrogation of infant accused. In the article the order and features is opened of interrogation of infant accused on the procedure criminal law of the Kirghiz Republic. Additions and changes are offered on perfection of the legislation of the Kirghiz Republic concerning interrogation of infant accused.
Laktyunkina E.A. THE CHILD RIGHTS ENSURING MECHANISM The mechanism of underage rights ensuring is examined. Elements of mechanism ids analyzed: economic, managing, legal and international.
Plotnikov A.I. MENTAL AND OBJECTIVE ELEMENTS OF ACCOMPLICESHIP The article is dedicated to the most complex and insufficiently studied criminal law institute. Many questions rising during its enforcement are without uniform answer. Considered topic is directly concerned with organized crime problem, which is a private manifestation in crime.
Bogolyubov S.A. ECOLOGICAL RIGHTS AND OBLIGATIONS OF CITIZENS IN EUROPE The article is considered ecological rights and obligations of citizens of the Europe. The analysis of the Constitution and the other laws of European countries are carried out which reflect relationships of a person, society, state to environment, prevention of its degradation. Ecological rights are not separated from ecological obligations, and the countries of the Europe ensure and guarantee the status of a person.
Ivakin V.I. PROBLEMS OF CITIZEN'S ECOLOGICAL RIGHTS DEFENSE IN ADMINISTRATIVE ECOLOGICAL VIOLATIONS The article considers the analysis of rights and obligations of some administrative ecological violations cases procedural participants, in particular, complainant, legal representative of persons and corporate bodies, and also defense lawyer. The article sums up about necessity of extending legal status of the procedural participants. The author's opinion is that in complex, no doubt, it will contribute the efficiency of citizen's rights defense in administrative ecological violations cases.
Nurmukhametova E.F. ECONOMIC MECHANISM OF INTERNATIONAL ECOLOGICAL LEGAL ORDER ENSURING The article considers different elements of international ecological legal order ensuring. The analysis of country's contribution in international environmental co-operation is carried out.
Fayzullin Z.M. ANALYSIS OF THE LEGAL STATUS OF STEPPE HABITATS OF HUNTING RESOURCES, DEVELOPMENT OF RECOMMENDATIONS AND ADDITIONS IN LEGISLATIVE BASE In the clause the legal aspects are considered of management by hunting household activity, the legislative initiatives are offered directed on preservation of an inhabitancy of a steppe biovariety.
Zhukov M.A. CURRENT PROBLEMS OF LAND LAW RELATIONSHIPS Land in Russia is still extraordinary and unknown object nevertheless more than ten years land reform. The imperial of state property made up years and years is being broken very quickly but private property institute formation against logic is slow. The idea of the present article is to mark limitedness of the present legislation and therefore to mark some problems rising at implementing land resources.
Nosenko L.I. UNDERAGE IN LAND LAW RELATIONSHIPS: THEIR PROPERTY RIGHTS DEFENSE The article marks some problems of citizens property rights defense under 18 in land law relationships. At the present time the matters of ownership of land relationships regulation are the hottest. It is important to mar the matters of defending legal rights on land of underage. Also, there is no distinctive mechanism of land buying-selling; there are some problems of procedural defense of property rights of underage. In the research we noticed some problems.
Borodavkina N.M. RIGHTS DEFENSE AS SUBJACTIVE CIVIL LAW The article considers one of the hottest topics of Russian society - rights defense, including property rights. The author points out that the law is prima facie a mean of freedom and it should be preserved from the part of the state but in the situation when the mean comes too late the defense of the right is permitted by its owner. The article analyses different points of view of academics on the "right defense" category.
Zashlyapin L.A. THE PROBLEMS OF PRACTICAL KNOWLEDGE IN PROFESSIONAL REPRESENTATION IN CIVIL PROCEEDINGS In the article the author analyses matters concerning the problem of implementation of criminalistic methods and means of solution of procedural aims and in particularly relating to professional representation in civil proceedings. No doubt, extrapolating of subject criminalistic knowledge is heuristic mean of problem solution of defense lawyer activity, concerning
Uvarov A.A. LEGAL RESPONSIBILITY OF LOCAL AUTHORITIES BEFORE PERSONS AND CORPORATE BODIES The article considers current matters of legal responsibility of local authorities before persons and corporate bodies. Some proposals on legislative power improvements are examined which are directed on ensuring personal rights defense from illegal acts of municipal authorities. The attention is paid to the basis and order responsibility attachment to local authorities and officials for refuse to give information.
Vytovtova N.I. THE HISTORY OF CRIMINALISTIC METHODOLOGY DEVELOPMENT The article considers the question of criminalistic methodology regarding new paths, suggested by the academics. Civil and criminal proceedings need criminalistic ensuring. Tactic and methodic recommendations are needed, therefore. That's why the author suggests using system and information way as new methodological paradigm.
Petrov A.V. THE PROBLEMS OF MAJOR POLICE FORCE ORGANIZATION IN RUSSIAN IMPERIA OF XX CENTURY The article considers the matters concerning organization of major police force in Russian Imperia of XX century at system way position. This allows to analyze way of solution of the problems of crime fight at those stage of Russian society development.
Zholobova G.A. CREATION OF UNIFORM SYSTEM OF MEASURES AND WEIGHTS IN RUSSIAN EMPIRE IN SECOND HALF XIX - THE BEGINNING OF XX CENTURIES In the article one of aspects of economic policy of the government in Russian empire is opened during rough development in the country of bourgeois relations - introduction of uniform system of measures and weights and gradual transition to metric measures. Parallels are carried out between systems of measures and the weights, used in Russian empire and in advanced European countries, thus one of mechanisms is shown of inclusion of Russia in world economic system.
Hrustalev L.A. TORTURE AS AN INSTITUTE OF A PROCEDURAL RIGHT OF RUSSIA AT THE BEGINNING OF XVIII CENTURY ACCORDING TO "THE BRIEF IMAGE OF PROCESSES AND JUDICIAL MATTERS OF LAW" FROM MARCH, 30, 1716. The article is devoted to research of a question on a legal regulation and practice of application of torture as means of reception of a testimony under the first domestic remedial code to the Brief image of processes or judicial matters from March, 30, 1716. In the article a widely widespread point of view is disproved, that such refined forms of torture in Russia XVIII were not known which were applied in the West, like the Spanish boot.
Kovylin D.A. COOPERATIVE LEGISLATION IN RUSSIA AND ON SOUTHERN URAL AT THE END OF XIX - THE BEGINNING OF XX CENTURY In the article the legislative basis is considered of cooperative movement of Russia at the end of XIX - the beginning of XX century, set of the norms adjusting occurrence and activity of cooperative societies representing by self. The author analyzes legal aspect of functioning of the South-Ural cooperative societies, paying special attention on their charters as the basic normative documents.
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Editor-in-chief |
Sergey Aleksandrovich
MIROSHNIKOV |
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