12.00.00 Law sciences
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Description
Level analysis of law enforcement cooperation between private legal and public legal origins was conducted in the aspect of dual nature of dispositivity in court jurisdictional process. On the basis of legislation’s investigation it is found that the apprehension of dispositivity on doctrinal level as the principle of judicial process, restricted by private legal aspect, doesn’t correspond to its legal dual-nature. It is showed that cohesive perception of dispositivity in court jurisdictional process is possible under the condition of its binary perception based on investigation of its private legal and public legal origins, providing their harmonic unanimity in the framework of dualistic approach. It the article it has been stated that even under the conditions of court process’ parties’ interests’ contradiction their warrants may be realized only under their cooperation with each other, which needs court’s contribution in the providing of their rights’ realization on equal terms. It is educed by researches that the cooperation of private legal and public legal origins of dispositivity is conducted on two (horizontal and vertical) levels of their law enforcement connections. Herewith the coordination of court process’ parties between each other occurs on horizontal level of cooperation, while the subordination of parties’ collaboration with the court occurs on the vertical level. The analysis of procedural legislation has educed general regularities of private legal and public legal origins of dispositivity in court jurisdictional process for different types of judicial proceedings. These regularities are: the realization of private legal origin, represented by the parties, with the relevancy stipulates the demand for public legal origin of dispositivity, represented by the court; the realization of public legal origin of dispositivity, represented by the court, with the relevancy stipulates the demand for private legal origin of dispositivity, represented by the parties of judicial process
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ABOUT THE CATEGORY OF “LEGITIMATE INTEREST” IN CRIMINAL PROCEEDINGS
DescriptionThe article investigates the concept and the content of a legitimate interest in criminal proceedings. The author concludes about the necessity of inclusion the additional structural element, legitimate interests of parties of criminal proceedings in the criminalprocedural relationships. The author’s definition of the legitimate interests of some parties of the criminal process is tabled for discussion. Different points of view of legal scholars on the subject are analyzed in this article. The article discusses special features of occurrence of legitimate interests in terms of pretrial agreement undertaking on cooperation with suspected or accused party
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ABOUT CRIMINALISTIC CLASSIFICATION OF THE CRIMES AGAINST FAMILY AND MINORS
DescriptionThe article describes the main problems of criminalistic classification of crimes against family and minors. There were investigated the characteristics of criminal law and criminal nature, which is the basis for the classification
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Description
The article examines the elements of criminalistic characteristics of crimes committed by representatives of local self-government bodies on the basis of investigative practice studies. The methods of committing crimes have been revealed. There are some recommendations and a list of circumstances related to the situation of crimes committed by representatives of local self-government bodies
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SOME QUESTIONS CONCERNING SIGNING THE MANAGEMENT CONTRACT OF AN APARTMENT HOUSE
DescriptionThe procedure of signing the management contract of an apartment house is considered in this article: the first option – an opportunity to investigate the contract signing regulations which contain the conditions concerning public utilities; the second option – while signing the management contract of an apartment house, apply the law regulations containing public agreement signs of an apartment house management
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Description
The author in this article points out that, in the current conditions of the development of scientific and technical means, differentiation of individual expert studies into independent types or subspecies of forensic examinations is observed. Mutual penetration of special knowledge and solving related issues by attracting specialists from various fields leads to the integration of scientific knowledge. In such conditions, the guarantee of professional expert research is the specialization of the forensic expert on specific types of forensic examinations and the continuous improvement of his qualification in a particular specialty in accordance with the development of scientific and methodological achievements in this field. To achieve this goal, the EFU system of the Ministry of Internal Affairs of Russia currently provides the following: 1) training in higher educational institutions of the Ministry of the Interior of Russia on the specialty "Forensic examination"; 2) an internship, which takes place under the supervision of a mentor with subsequent certification for the right to self-produce expert examinations. However, despite this, the EFU of the Ministry of Internal Affairs system has a number of problems, caused by the following reasons: a reduction in the number of staff members of the EFU associated with the overall reorganization of MIA. 2) increase and differentiation of the workload of staff members in managerial and expert positions due to an increase in the number of databases of forensic accounts and the emergence of an additional burden. 3) weak material and technical support for territorial EFU. These problems, in the opinion of the author, are common to the whole system of the Ministry of Internal Affairs of the Russian Federation and require their solution by improving the quality of work of staff members and taking organizational and financial measures
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ABOUT THE SUBJECT OF INTERROGATION OF THE EXPERT IN THE COURT
DescriptionIn the article the problematic issues of evaluation of expert evidence during his interrogation in the court have been considered, the scientific literature has been analysed, the viewpoints of leading forensic scientists and processualists on this issue have been considered. The issues of evaluation of the expert evidence remain relevant and currently under the conditions of realisation of the adversarial principle of the parties in the criminal proceeding. In the study, the need to specify the subject of interrogation of the expert has been emphasized, as well as the recommendations on its carrying out in the court session. The suggestions with regard to optimization of interrogation process of the expert in court have been expressed, namely the expert's petition in the court for the advance granting of the list of questions in the written form and rejection of questions which do not require the use of special knowledge and equate the procedural status of the expert to the status of the witness
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ABOUT PUBLIC SERVICE SYSTEM OF THE RUSSIAN FEDERATION
DescriptionThe article describes the main directions of the civil service reform in the Russian Federation. An analysis is made of the causes and consequences of changes introduced to the legislation at the present stage of development of Russian society
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THE STATE OF THE LAW OF LOCAL GOVERNMENT IN RUSSIA AT THE BEGINNING OF THE XX CENTURY
DescriptionThe analysis of the legislation of local government during this period confirms urgency of consideration issues about legal regulation of the local governments’ status. The provided review of the legislation of local management system and self-government allows to make a number of conclusions about future system of municipal authorities