Поиск статей
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TO THE PROBLEM OF GUILT DEFINITIONS IN CIVIL LAW
DescriptionThe aim of the article is to systematize by means of analyze overviews concerning the definitions of the guilt which exist in the jurisprudence, to examine the questions of guilt forms influence on differentiation of legal liability measures, liability without guilt and to suggest the course of perfection of acting civil legislation and the practice of its application on the base of the examined material.
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CREDIBILITY OF TESTIMONY ESTIMATE
DescriptionThe estimation and check of reliability of indications of the victim is possible only under condition of a recognition of the last admissible and attribute proofs. Therefore inadmissible or not attribute indications of the victim are simultaneously doubtful proofs. Value of indications of the victim is caused by what the data directly concerning materials of criminal case contain. The given circumstance should force authorities of criminal legal proceedings to concern check and an estimation of the received information more attentively and critical, therefore the circumstances excluding responsibility accused, or, on the contrary, guilt in fulfillment of a crime can be established
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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