12.00.00 Law sciences
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ABOUT FORMS OF REALIZATION OF THE FUNCTIONS OF THE STATE
DescriptionThe article is devoted to consideration of questions of functions of the state and forms of their realization, which are of very great importance in the theory of the state and practice of its functioning. It can be explained with the next moments, first, to that in functions are shown essence of the state, its social appointment. The state representing the phenomenon of social life, it is characterized by extraordinary variety of directly observable and perceived manifestations. It is defined as a variety of the tasks solved by the state in various areas of life of society, and a variety of bodies, forms, methods and means of implementation of the state activity. In this regard studying of functions serves as the prerequisite of knowledge of the main thing and defining in the state. Secondly, functions of the state define its structure, i.e. ways, regularities of the organization of elements of the state as difficult system. Research of functions of the state and forms of their realization helps to estimate its opportunities, promotes deeper understanding of the mechanism of its interaction with other structures of society in the solution of the most important political, economic, social, ecological, cultural and other tasks. The correct establishment of functions of the state and definition of forms of realization of these functions promotes stabilization of the public relations and development of society in various spheres
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ABOUT FORMATION OF THE SUBJECT OF INVESTIGATION OF CRIMES AGAINST FAMILY AND MINORS
DescriptionThe article describes the main theoretical principles of the concept and content of the investigation of crimes against family and minors. The factors defining character of an investigative situation of an initial stage of investigation are stated, there is a definition of a subject of investigation and its content in investigation of the studied crimes
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ABOUT IDENTITY OF THE RUSSIAN MODEL OF CIVIL SOCIETY: NONTRADITIONAL VIEW ON TRADITIONAL VALUES
DescriptionThis article focuses on actualization of mainstreaming of research the problems of development of native civil society within the conservative direction, based on historical civilizational identity of Russia. Comparing main postulates of russian and west civilizations their historically formed priorities in spiritual, political and economic spheres are showed. Based on them and on critical assessment of attempts to adapt the western model to Russian reality, authors consider that the nature of the problem of similarity between Russian reality and model civil society is in only west orientation of civil society theory, which does not suit to stable features of Russia as specific civilization. Trying to find an optimal model of civil society, authors refer to an idea of core values of native civilization. A number of historical issues, which influence on positive development of civil society in Russia, is showed. In order to solve them it is suggested to take measures, the realization of which depends on implementation some functions by civil society together with the state. It is concluded, that Russian society during its history can be reviewed as a civil society within its traditional value
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SECURITY OF CRIMINAL PROCEEDINGS ON THE EXAMPLE OF THE UNITED STATES
DescriptionThe presented article is an analysis of the U.S. experience in ensuring the safety of witnesses. We have highlighted the gaps in the protection of witnesses and other participants in criminal proceedings in the Russian Federation
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ENSURING FULFILLMENT OF OBLIGATIONS BY MEANS OF GUARANTEE: FROM BANKING TO INDEPENDENT
DescriptionRussian civil legislation contains a list of ways in which the parties to the transaction have the ability to enforce the commitments. These methods form an important institute of the Russian law of obligations. For a lender, ensuring the fulfillment of the obligation is an additional guarantee that the commitment made by the debtor of his obligation will be fulfilled properly in accordance with the terms of agreement between them. In this article we will focus on independent guarantee – one of civil-law ways of ensuring the fulfillment of the obligations which differs from the others. The independent guarantee is not new to the domestic civil law. Thus a bank guarantee, familiar to the Russian law, have transformed. Having made a comparative legal analysis of the characteristics of a warranty considering significant changes in liability law norms, the authors explore the legal nature of the independent guarantee, define its place in the system of the ways of ensuring the fulfillment of obligations, analyze the feasibility and effectiveness of the implementation of the warranty in practice, focus attention on the discussion of theoretical questions, and name problems that law enforcers may face in ensuring the fulfillment of obligations by means of the independent guarantee
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ENFORCEMENT OF THE RIGHTS OF THE MINORITY OF ACCUSED ATTENDING THE MATERIALS OF THE CRIMINAL CASE
DescriptionThe article explores the problems, acquaintance with the materials of the criminal case of a minor accused in the aspect of ensuring his rights as a defender and legal representative. With a view to the proper legal regulation of this procedure, it is proposed to establish a procedure for the joint familiarization with the criminal case file of counsel and the legal representative of a minor accused in the norms of the Code of Criminal Procedure, as well as the procedure for compulsory participation of a legal representative of a juvenile accused while acquainting himself with all materials of the criminal case
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Description
The concept of long-term social and economic development of the Russian Federation declares that in Russia, the society based on trust and responsibility that will be reached at the expense of provision of equal possibilities for social mobility of talented representatives of all social classes, social policy realization, on support of vulnerable levels of population and carrying out of the policy directed on integration of migrants should be generated
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Description
Relevance of the chosen topic is caused by existence of disputable issues in the practice of application of norms regulating institute of necessary defense in the Russian criminal legislation. In the present article the analysis of the current state of this institute of criminal law and a brief overview of the judicial practice of its application is made. Process of formation and development of institute of necessary defense in ancient foreign and Russian sources of law and sacred books is considered. The questions of limits of legitimacy of necessary defense and consequences of their excess are raised. The authors of the article have paid special attention to the analysis of conditions of legitimacy of necessary defense. Such conditions are traditionally divided into three groups: the conditions relating to protection; the conditions relating to encroachment; the conditions relating to the harm. The different points of view concerning improvement of system of conditions of legitimacy of necessary defense are considered. The authors give examples from modern court practice which allowed revealing obvious gaps of the criminal law in this sphere. They also formulated the proposals for improving the legislation. The authors consider important extension of the list of factors, which, together with the unexpectedness of encroachment, can be the basis for recognition of actions of the defending person legitimate
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Description
The article examines the historical conditions and the legal regulation of the Crimean Khanate territory joining to the Russian Empire in 1783 and formation of Taurian District as a new specific administrative and territorial unit. Specific characteristics of Taurian District are highlighted, as well as tasks that region faced due to its geographical position and constant wars between Russian empire and Ottoman Porte. Attention is paid to the factors that led to the creation of the district but not the viceroyalty, in contrast to other areas joined in the same time. The different examples of understanding of the term "distrist" – "oblast" – in science and language are given. The author clarifies certain features of the district, which were not taken into account in deriving the scientific definition of the district by Dambaeva O.P. Decrees and their background issued by the legislator are characterized. The problems of an administrative nature encountered by the legislator in the face of Empress Catherine II and her representative governor Grigory Potemkin-Tavricheski, and then by Platon Zubov are highlighted. Among these problems there were emphasized the transfer of ownership of the Tatars property who left the territory, as well as the creation of an accurate map of newly joined territory