12.00.00 Law sciences
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Description
Mechanism of evidence collection by suspect, accused, victim, civil suer and defendant, legislator is not reflected in full extent in criminal- procedure legislation of Russia. The CPC does not reflect the order of presentation of collected evidences. So, problems of evidence assessment are occurred from the point of view of correct ways and order of their receiving on the stage of criminal case sue. This article is devoted to these aspects.
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ESSENCE, MEANING AND SUBJECTS OF REPRESENTATION OF EVIDENCES ON CRIMINAL CASES
DescriptionThe author makes the substantiated conclusion on representation of evidences as one of the ways of evidences, which are in voluntary actions of subjects, possessing with significant information for criminal case. The author notes that in addition with state prosecutor, defender and other concerned participants of criminal legal procedure, any citizens, officials, enterprises, institutions and organizations can submit any written documents and subjects for their union to the case as evidences.
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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Merkusheva, P.A. Lupinskaya, V.Zazhitsky, I.B. Mikhailovsky, I.L. Petrukhina et al and with an account of published and unpublished jurisdiction.
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Description
Relation of correctional institutions staff to the reformation of industrial-production complex of criminal-executive system and processes of humanization of legislature to the concern of imprisoned persons in places of incarceration is investigated in the article. Degree of above mentioned processes influence on production- economic activity of institutions is determined.
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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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Description
The analysis of civil-law norms provided in the fourth part of civil procedure law of Russia allows to express opinion that apprehended and embodied by civil procedure law in sphere of regulation of the right to results of intellectual activity and individualization instruments in the criminal law is not reflected in full, in particular, in article 146 of the criminal code of Russian Federation.
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THE COMPARATIVE ASPECT OF THE MEANINIG OF LOSSES IN ANGLO-SAXON AND RUSSIAN CONVENTIONAL LAW
DescriptionAs a starting point of the research the author proceeds that Great Britain and USA appear as ones of large trade partners. As a sequence there are formed such situations in action, when it’s difficult to solve questions which are bounded with calculation of measure of damages taking into consideration peculiarities of Anglo-Saxon and continental legal families
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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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PROBLEM OF CORRELATION OF LAW AND MORALITY ON THE EXAMPLE OF NATURAL LAW THEORY OF V.S. SOLOVYOV
DescriptionThis article refers to correlation of law and morality, to the role of conscience of law in the process of building a Rechtsstaat, analyses Vladimir Solovyov’s Natural Law theory and in particular his ideas of relations of law and morality, substantiates its value for modern legal theory and practice
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Description
In this article the method of anti-corruption expertise is considered from the point of view of the standard rules of legal technics. For the first time at the federal level corruption factors established the necessary rules of legal technics, which was illustrated by the examples. The recommendations on the establishment of open-ended list of factors of corruption and the rapid adoption of the federal law on laws and regulations were given