12.00.00 Law sciences
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BOOK-ENTRY SECURITIES AS THE SUBJECT OF THEFT
DescriptionBook-entry securities as the subject of theft. The article deals with the questions of legal assessment of crimes, targeted at embezzlement of book-entry securities. The article reports author's position concerning the expediency of creation in Russian criminal law system, the criminal liability for book-entry security taking in articles about theft and property crimes. The plot of the article requires the discussion in terms of recognizing book-entry securities the subject of theft, and creation of criminal liability for the illegal taking of book-entry securities. The research of legal assessment of book-entry securities theft is well-reasoned by top scientists, cases of court practice, and gives an assumption to consider bookentry security as a subject of theft. Moreover, current level of property relations, material and non- material values put into trade turnover, including objects that have an informational character, and do not possess any material characteristics, attest how important is to recognize non-material thing the subject of theft
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BIOMETRIC IDENTIFICATION OF THE PERSON
DescriptionTest of cardiorespiratory synchronism is offered as a way of biometric identification of the person. The way represents registration, transformation and fixing on electronic carriers of parameters physiological is intimate - respiratory synchronism, such as the minimal and maximal borders of a range of synchronization in synchronous cardiorespiratory cycles in one minute, width of a range of synchronization in synchronous cardiorespiratory cycles in minute, duration of development of cardiorespiratory synchronism on the minimal border of a range from the beginning of test before steady formation of cardiorespiratory synchronism on the minimal border and duration of development of cardiorespiratory synchronism from the beginning of test before steady formation of cardiorespiratory synchronism on the maximal border of synchronization in intimate cycles at objects of identification as the schedules displaying electrophysiological characteristics of work of heart and respiratory activity of the person at the moment of reception of cardiorespiratory synchronism. Further, the received schedules compare to available schedules and judge that, they belong to the same person whether or not. Advantages of this way are high reliability of identification, simplicity and speed of performance, exception of trainings in advance
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Description
The article deals with the problems related to a detec-tive and police investigation department interaction in the course of a crime scene examination.
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Description
This article is devoted to the topical issues of investi-gating the causes of accidents occurring in the workplace. The author systematically examines the main areas of difficulty in the area of legislation
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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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Description
This scientific article is devoted to the issues related to the initiation of a criminal case and the circumstances, subject to establishment of cases of bribery
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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
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Description
The article discusses the Genesis of Islam and its role in the development of Muslim law family, highlights the main sources of Muslim law legal families. It is noted an important role of standards in Islamic law developed by the theologians of the activities in the process of interpretation in filling gaps in the law. All this has led to the emergence of different schools or sects, which contributed to the creation of many ideologically warring with each other Muslim sects. The followers of these movements convince their supporters that the rest courses are false. The article notes that currently, in general, the Muslim law has not lost its position. Modern Islamic community of the world has about a billion and a half followers. The Muslim law has not only maintained its position, but also extends its sphere of influence. Islam – the youngest world religion - enters the countries whose people earlier professed Christianity, Hinduism, Buddhism, etc., the Followers of Islam, moving to other countries, almost do not assimilate. So, the Islamic community in Europe is practically not subjected to European influence. Some of the legal institutions in a number of non-Muslim countries are subjected to Islamization. In some countries, Islamic law is not considered as legally valid, but it works in fact. This happens in the Muslim enclaves of Europe, it is happening in Russia, particularly in the republics of the North Caucasus
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Description
The article deals with the use of methods of operativeinvestigative activities in cases of bribery, inadmissibility of provocation by certain employees of operational units of law enforcement bodies against persons being developed in operational accounting cases. At the same time, the main attention is paid to strict observance of the criminal procedural legislation in the fight against this type of criminal activity; some problems associated with imperfection of the regulatory legal regulation in the course of operative investigation activities in the investigation of corruption crimes are investigated. The circle of subjects of provocative actions at stages before excitation of criminal case and carrying out of preliminary investigation is defined. The reasons and problems of revealing provocative actions are considered at carrying out of operatively-search actions on affairs about bribery. The spectrum of possible operative-search measures, which can be conducted with the purpose of revealing and fixing the facts of bribery, is analyzed. An assessment is made of the possibility of using the results of such an operational-search activity as an operational introduction in establishing the facts of bribery. An analysis of the judgments of the European Court of Human Rights on cases of provocative actions during the conduct of operational-search activities at various stages of criminal proceedings in criminal cases on bribery
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OPERATIVE STAFF OF THE LAW INFORCEMENT BODIES SUPPORT ASPECTS: PAST AND PRESENT
DescriptionThe article considers the analysis of the current operative staff providing of law enforcement bodies and the causes of failures of particular personnel policy. The possible ways out of this situation are suggested through the use of the historical studying of the staffing policy in the bodies of the All-Russian Extraordi-nary Commission