12.00.00 Law sciences
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ADMINISTRATIVE LEGAL REGIME OF ECOLOGICAL SAFETY: CONCEPT AND CONTENTS
DescriptionIn the article we analyze the theoretical model of an administrative legal regime of ensuring ecological safety, as well as the elements of its contents reveal, the directions of improvement of an administrative legal mechanism of ensuring ecological safety of society and the state are offered
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CURRENT ISSUES IN THE RESEARCH OF COLD STEEL ARMS AND THROWING WEAPONS AND THEIR TRACES
DescriptionThe authors of the article point out that the research of cold steel arms and their traces has been considered in detail in the studies of different criminologists. Unfortunately, many scientists, examining cold steel arms as the item of expertise, mainly paid attention to the knives, swords, daggers, etc., but few researchers considered crossbows as cold steel weapon. In accordance with part. 4 Art. 223 of the Criminal Code of Russia for illegal manufacture, alteration or repair of throwing weapons, as well as the illegal sale of throwing weapons (Art. 4, Art. 222 of the Criminal Code), criminal liability is stipulated. Thus, the authors agree with the opinions expressed in the literature according to which attention should be paid to the fuzzy wording of p. 4 Art. 222 of the Criminal Code and p. 4 Art. 223 of the Criminal Code of the Russian Federation: "Cold steel weapons, including throwing weapons". Throwing weapons are not included in the number of cold steel arms; it is an independent type of weapon that is different from the cold steel by its technical characteristics. The common feature of cold steel arms and throwing weapons is striking of a target due to the muscle power of a man. The main difference is that there is no projectile with directional movement in cold steel arms and striking occurs due to the direct contact with the object. The definitions of these types of weapons are contained in the Federal Act "About Weapons"
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Description
The preparatory part of a court session is intended for creation and check of conditions of administration of justice in strict accordance with the law. In this article peculiar features of preparatory part of a court session are considered, tasks and features of this stage of trial of business in court of the first instance on criminal cases are concretized
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ACTUAL QUESTIONS OF REGULATING OF LABOR RELATIONS IN EDUCATIONAL INSTITUTION
DescriptionIn the article the basic legislative innovations in the field of regulating of labor relations in educational institution are considered, inconsistencies in normative documents are shown and the ways of their coordination are presented
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ACTUAL PROBLEMS OF COUNTERACTION TO REHABILITATION OF NAZISM
DescriptionThe article considers the problems of addressing and grounds of criminal responsibility for the rehabilitation of Nazism, the concept and methods of committing this crime. This article uses various opinions of scientists-lawyers of Russia on the rehabilitation of Nazism, such as: S. V. Rozenko, A. A. Turysheva, M. L. Prokhorova and gives an opinion on the need to implement the article 354 (1) of the criminal code of the Russian Federation fully and the Federal law from 13.03.95, №32-FZ "About days of military glory and anniversaries of Russia"
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Description
The article examines some features of realization of powers of executive authorities by hearing of cases about administrative offenses
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CURRENT CRIMINAL-LEGAL ISSUES OF QUALIFICATION OF A CHILD SUBSTITUTION
DescriptionRelevance of the chosen topic is caused by existence of disputable issues in qualification of the crime established in article 153 of the Criminal code of Russian Federation. Objective and subjective elements of corpus delicti of substitution of a child are analyzed in the article. The special attention is paid to the object of the crime, and also consideration of the concept «victim». In this article «mercenary and low motives» as a constructive feature of the subjective element of substitution of a child are considered, the most significant gaps in norms of the criminal legislation are analyzed and ways of their elimination are offered. Having investigated normative legal acts, court practice, foreign legislation and the existing theoretical developments, authors give their interpretation of article 153 of the Criminal code of Russian Federation. The authors express opinion about strengthening of the punishment for this crime. We consider important inclusion in corpus delicti of this crime such aggravating features as the act: «against two or more persons», «a group of persons by previous agreement or organized group», «a person using his official position», «a person who has a previous conviction for crime against a family and minors»
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DEVELOPING OF INVESTIGATION PROCEDURES AT THE INITIAL STAGE OF THE INVESTIGATION OF EXTORTION
DescriptionThe article deals with the complex and important problem related to the investigation of extortion. From a legal point of view, extortion is the demand of a transfer of someone’s property, rights to the property or some other actions connected with the property, which is accompanied by various threats of violence, destruction of property or spreading of information defaming the victim or his relatives. Extortion refers to latent crimes. Investigation of extortion is complicated because of the high level of professionalism and thorough preparation of the accused. The number of criminal groups using extortion as the main source of their income is increasing. To select the best way of obtaining information concerning past events, an investigator develops crime investigation procedure. The article analyzes the concepts of "investigation procedure" and "programming", the stages of the criminalistic routine development are pointed out. Dealing with extortion classification of preliminary investigation procedures is an important condition for their development, which allows to distinguish homogeneous groups and to develop criminalistic routine. Based on the typical investigative situations at the initial stage of investigation of extortion we have proposed some investigation procedures. The set of all procedural actions and recommendations that need to be implemented in the course of the investigation, forms investigation program
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ANALYSIS OF RECENT CHANGES IN CRIMINAL CODE OF THE RF
DescriptionThe analysis and the author’s assessment of some recent changes in the Criminal Code of the Russian Federation are given in this article. The main regulations of recent federal laws “On introduction of changes and additions in the Criminal Code of the RF” are considered
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ANGLO-SAXON LEGAL FAMILY: GENESIS, MAIN FEATURES AND THE MOST IMPORTANT SOURCES
DescriptionThe process of Anglo-Saxon law system development has been considered in the article. The main sources of Anglo-Saxon law have been analyzed and the interrelation of law and judicial precedent has been taken up