Поиск статей
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ASSESSMENT OF EVIDENCE SUFFICIENCY ASSESSMENT BY COURT WITH CASE AT BAR
DescriptionThere were presented the results of research carried out by the author in the article, that is assessment of trustworthiness of evidence with case at bar. The author drew a conclusion about necessity of criminal- commitment procedure legislature improvement, in particular, pronouncement of sentence in the case of rejection of public prosecutor from maintenance of accusation in court on the basis of scientific and special literature, in particular, works of O.L.Vasilieva,Yu.K.Orlova, A.E. Merkusheva, P.A. Lupinskaya, V.Zazhitsky, I.B. Mikhailovsky, I.L. Petrukhina et al and with an account of published and unpublished jurisdiction.
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POLITICAL CORRECTNESS OR LINGUISTIC TACT
10.00.00 Philological sciences
DescriptionPowerful cultural –behavioral and linguistic tendency – political correctness- was originated and developed in the world. It is expressed in endeavor to find new methods of linguistic expression, which do not affect feelings and beauties of a private person, do not infringe upon his rights in a society of linguistic tactlessness.
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REPRESENTATION OF PROOFS BY PARTICIPANTS OF CRIMINAL TRIAL AT THE PROCEEDING STAGE
DescriptionThe competitiveness principle is answered to the full with a situation when proofs the charge party at first represents, then - the protection party, and each of them proves legitimacy of the conclusion and criticises arguments of the opponent. The court definitively should solve, what proofs to reject and what to accept and to pronounce on their basis the sentence. Meanwhile in a criminal trial science separate authors believe, that research of proofs in competitive order practically appears impracticable. The article of the author is devoted to these and other problems
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JUDICIAL PROTECTION'S QUESTIONS OF SERVITUDE RIGHTS
DescriptionThe question discussing in the article is the pre-trial adjustment of disputes arising out of servitude relations and how to protect servitude rights in the court
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ELECTRONIC DOCUMENT AS THE SOURCE OF PROOFS
DescriptionThe author of this scientific article considers the computer-based document as a container of criminalistically significant information, which can be both orienting and evidentiary. The author also considers the opportunity of presenting computer-based documents to the court without application of paper information-carrying medium, i.e., there exists a possibility of procedural actions commitment directly with the mentioned computer-based document but not with its carrier. As an example, the author quoted an instance that executive officers listed in Article 181 of the Russian Federation Arbitration Procedure Code are entitled to demand and obtain the case from a relevant court of arbitration with the purpose of solving the problem concerning availability of grounds for lodging a protest in the exercise of supervisory powers
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PARTICULARITY OF THE ESTIMATION OF EXPERT'S STATEMENT
DescriptionIn accordance with the Article 17 of the Criminal Code of the Russian Federation, expert evidence is not of the predetermined force for a detective, an investigator, a prosecutor, a judge and a jury. However, historically it is actually estimated as specific evidence different from the other. As early as before the revolution in Russia a court expert was considered to be a scientific judge. An expert is a judge of the facts whose evidence on the case is not actually estimated along with the other types of evidence
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Description
There are quite few scientific researches covering the problems of organizing and tactics of investigation in court procedure, which meet the requirements of the Procedural Criminal Law of the Russian Federation in the legal literature. The studies of the ways of sur-mounting counteraction in court hardly exist. There-fore, the authors consider the matters of counteraction in the course of investigation in court paying attention to the existing theory and practice of counteraction in the criminal court procedure. They have developed some scientific recommendations upon the measures for surmounting counteraction to investigation in court in various circumstances
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01.00.00 Physical-mathematical sciences
DescriptionThe results of cluster analysis of the operational functioning of the Russian arbitration courts of various instances are shown, and the new mathematical model of discriminant analysis to measure the efficiency of arbitration courts are presented
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EXECUTION OF SEARCH WITH ADVOCATE PARTICIPATION
DescriptionIn accordance with clause 53 of the Criminal Code of the Russian Federation, an advocate is entitled to take part in any investigative actions where his client is involved. But this right is not always used; actually, none of the advocates would confess that avoiding such events is a way to save time, and when being asked he (she) points out another reason – investigators don’t announce the forthcoming events beforehand
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VOLOST COURT AS A PROBLEM OF PUBLIC LIFE OF POST-REFORM RUSSIA
DescriptionThe article is devoted to the analysis of wide public discussions, permanently renewable in Imperial Russia during 1860-1990 in the connection with an organization and activity of peasant courts