№ 113(9), November, 2015
Public date: 30.11.2015
Archive of journal: Articles count 119, 266 kb
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Description
This article is important today because there is not enough attention in the contemporary law publications paid to the typical patterns of crime mechanism especially in the sphere of illegal weapon and ammunition turnover. Taking into account the opinions of such well-known forensic scientists as R.S. Belkin, V.D. Zelensky, G.M. Meretukov, M.V. Golovin, V.A. Obraztsov, J.G. Korukhov, V.Y. Koldin, O.V. Chelysheva, L.Y. Drapkin, V.N. Karagodin and others, the author comes to the conclusion that it’s necessary to develop typical patterns of crime mechanism for certain types of crime. The author has worked out some typical patterns of crime mechanism in the sphere of illegal weapon and ammunition turnover based upon major informative criminalistic elements, this particular article describes seven typical patterns of crime mechanism for the illegal storage, transportation, transfer, carry, purchase and sale, manufacture, repair or alteration, theft or extortion, careless storage or improper performance of duties on protection of weapon, its basic parts and ammunition. Each pattern is accompanied with the examples of judicial and investigative practice, followed by the necessary explanations and analysis of the activities of the subject of the investigation on the preparation, followup and final stages, which leads to the conclusion about the legitimacy of the proposed patterns
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Description
In the article, we have considered issues of the subject of the investigation and determination of the investigative actions necessary to establish circumstances of the crime. The article shows the role of investigative situations in the methodology of the investigation
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MEANS OF INDIVIDUALIZATION OF LEGAL PERSONS: QUESTIONS OF THEORY AND PRACTICE
Description
The article is devoted to the objects of practice and theory of the means of individualization of legal entities. Individualization of a legal entity - it is when it is allocated from the mass of all the other organizations. A legal person acts under its brand name, which is defined in its founding documents and is included in the state register. The main function of the means of individualization - select an object or a subject of the total weight of the homogeneous objects or subjects. Legal regulation and the legal protection provided by international regulations and legislation in different countries. The high relevance of the topic because it is the development of today's world market and contributes to increasing the role and need for individualization of goods and means of legal protection
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BOOK-ENTRY SECURITIES AS THE SUBJECT OF THEFT
Description
Book-entry securities as the subject of theft. The article deals with the questions of legal assessment of crimes, targeted at embezzlement of book-entry securities. The article reports author's position concerning the expediency of creation in Russian criminal law system, the criminal liability for book-entry security taking in articles about theft and property crimes. The plot of the article requires the discussion in terms of recognizing book-entry securities the subject of theft, and creation of criminal liability for the illegal taking of book-entry securities. The research of legal assessment of book-entry securities theft is well-reasoned by top scientists, cases of court practice, and gives an assumption to consider bookentry security as a subject of theft. Moreover, current level of property relations, material and non- material values put into trade turnover, including objects that have an informational character, and do not possess any material characteristics, attest how important is to recognize non-material thing the subject of theft
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Description
The article is devoted to the analysis of the legislation on criminal liability for acquisition, storage, transportation, processing for sale or it is sold obviously illegally prepared wood. It is investigated the main and qualifying signs of the corpus delicti provided by Art. 191.1 of the criminal code of Russian Federation, and features of legislative technology of creation of norm on responsibility for this crime. Some problems of qualification of the specified crime and its separation from adjacent structures of crimes are noted
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LEGAL RELATIONSHIP AND SUCCESSION TO THE INHERITANCE
Description
The authors of the article consider and analyze various points of view upon hereditary legal relationship and the nature of universal succession to the inheritance. The matter of hereditary legal relationship appears due to the death of the testator. Hereditary legal relationship arises on various bases, which grow from the facts: discovery of inheritance, acceptance of inheritance, refusal of inheritance, execution of the will, hereditary transmission and other legal relationship. The authors come to the conclusion that the change of the testator as subject in any of the legal relationship existed during his lifetime is impossible without the whole complex of the hereditary relations, and while some (the relations on protection of hereditary property, division, etc.) can be avoided in the course of transition of hereditary property, the others (discovery of inheritance, acceptance of inheritance) are necessary. In each legal relationship the successor perceives the whole legal situation of the testator, that is in each legal relationship the rights which are the object of the relation will be passed to him. The contents of hereditary legal relationship claim that inheritance represents the transition order protected by the law after the death of a citizen (testator) of the things owned by him on the right of a private property, the property, and also property rights and duties to one or several persons (successors) as universal succession. In the case of universal hereditary succession, the rights and duties are passed to the successor with one act, without a transfer by their first owner, and the passed rights and duties continue to be estimated on the identity of the first owner. Finally the authors come to the conclusion that universality designates transition of the rights as well as the testator’s duties (except those inseparably linked with the identity of the testator) as a whole when the successor can't selectively accept some rights and duties, having refused the others. Restriction of responsibility of the successor for the testator's debts with the size of hereditary volume does not change the essence of universal succession in this regard
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Description
This article "The Procedural relations of the Prosecutor and the investigator according to Charter of criminal proceedings 1864" is devoted to the investigation of some historical aspects of criminal and legal proceedings of the Prosecutor and the investigator according to Charter of criminal proceedings 1864. It discusses the Prosecutor’s and the investigator’s functions and competency in comparison with the current criminal procedure legislation, there is continuity of many of the provisions as well
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CRIMINAL PROCEEDINGS LANGUAGE: WHETHER IT REFLECTS THE NAME OF THE PRINCIPLE OR NOT?
Description
The article explains that legal designation of criminal procedure principle of criminal proceedings language (in the article 18 of the code of criminal procedure it was called "Criminal proceedings language") cannot be recognized as sufficiently accurate. There are arguments in favor of changing the title of this article and labeling it as the in the law "Principle of the state criminal proceedings language" in this article
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THE CONTENTS OF BUILDING LEASEHOLD
Description
The article is devoted to one of the most disputable categories of jurisprudence – to the contents of Building leasehold. In the article there has been presented the research of the legal nature of the institution of building leasehold (superficies). There have been traced the particulars of formation of the Roman legal (classical) model of building leasehold and the interpretation of this institution in foreign civil legislation. It has been noted that certain countries apply the classical Roman model of building leasehold while others use the model of "the shared property" of the land plot and of the piece of the estate built on this plot. There was conducted the analysis of the German model inheritance law of building leasehold on the basis of which there was made the conclusion about its independent nature and uniqueness. The historical and the comparative legal methods of the research have enabled to identify the essential differences of the employed models of building leasehold and the specific features of their application in the countries of roman-germanic law and in the Commonwealth of Independent States. There have been studied the approaches of the domestic civilized doctrine in terms of building leasehold and the specific features of its implementation in the draft version of the Civil Code of the Russian Federation. There has been affirmed that the draft version of the Civil Code of the Russian Federation admits the existence of the two models of the building leasehold: the design one and the classical one. There has been applied critical approach to the analysis of the design model of building leasehold in comparison with its Roman and Germanic legal constructions; there have been presented recommendations for its improvement. It is proposed to abandon the temporary ownership of the premises in the building constructed based on the Treaty on the law of the land. We proposed to replace it with a specific property right – "right of superficies". Its essence consists in the right of possession and use of facilities of a building constructed in accordance with the Treaty on the law of the land
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PLANT IMAGES IN PAINTINGS OF ARTISTS AS A RESOURCE OF INFORMATION ON THE HISTORY OF AGRONOMY
Description
The article discusses the use of illustrations based on works of art as a resource for information on the history of science and of agronomy is plant breeding in particular. In our work, we used the works of art as a separate independent resource of information in multiple tasks: as a resource for archaeogenetic variety of agricultural crops (pumpkin, gourd, squash, Luffa) as a tool of visual notes in plant breeding, as an independent material analysis introduction agricultural plants. The task of our study was to create base images of agricultural plants on the basis of works of art of past centuries, as a demonstration of the development of scientific breeding of agricultural plants. In this regard, to achieve this goal, we have been collected images of agricultural plants from the 15th to the 21st century, given their modern counterparts. Paintings in the educational process in courses of such disciplines as "History of agronomy" can be regarded as the object of analysis; material for study; a tool for gathering information, the resource information on individual characteristics. A common criterion of the approach to painting, as a tool of analysis, is the fact that an illustration, an image or other biological phenomena, recreate the form, the essence of the research object or phenomenon. It is shown, that the use of paintings as documentary, the changes of plants, in our opinion is interesting and relevant methodical approach in the modern educational technology. The analysis of paintings allows students to penetrate deeper into the image of the investigated object, to enquire about the time of the creation of the painting, to be an independent creative activity in search of information resource
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