12.00.00 Law sciences
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Description
The article discusses and analyzes the process of formation and organization of the election commissions in the Kuban region in the prerevolutionary and Soviet periods. The main research strategy articles can be viewed as the genesis of the electoral bodies in the Kuban region to the beginning of XX c., the main function of which was the organization and conduct of elections. The focus is on normative regulation of the electoral bodies, as well as the factors and conditions that contribute to their formation and development. In addition, we reviewed and analyzed the influence of the Soviet legislation to change the mechanism of formation and organization of the election commissions of the Soviet period. The article analyzes the composition of election commissions, the powers of the members of election commissions, the procedure of the election. We study the organs, whose powers are to oversee the elections. It is noted the role of the local Soviets in the preparations for the elections in the mid 50s. They provided all the organizational side of the preparations for the elections - the formation of polling stations, the compilation of voter lists, and the preparation of documentation. The article also reveals the problems that arose during the preparation and conduct of elections, shows the consideration of election commissions proposals and complaints of voters. In addition, there are sources of the State Archives of the Krasnodar Territory, the State Archive of the Russian Federation, archived issues of "Izvestiya", "Sovetskaya Kuban", "Komsomolets Kubani" newspapers
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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 authors of the article consider legal organizational and tactical issues related to the search activities of operative-search units for the determination and detection of murders committed by an organized group. The authors compared certain provisions and norms of the Constitution of the Russian Federation, criminal law, criminal procedural law, Federal Laws regulating operative-search activities, searching activity in particular, some issues of obtaining information from confidential sources. Particularly, the authors consider the preparation, commission and concealment of murders committed by an organized group, and come to the conclusion that they are distinguished by careful planning, thoughtful execution and distribution of roles between accomplices. Detection and investigation of such cases are often really difficult due to their non-obvious conditions and concealment of traces of crime by criminals and counteraction to investigation. Therefore, the timely identification of persons involved in commitment of a murder mainly depends on capabilities of units carrying out operational search activities wisely used by an investigator
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Description
The article analyzes the content of the duty of the court on determining the composition of persons participating in the case and the specific actions of the court, he needs to do to resolve the issue of the composition of the persons participating in case: correct definition of the subjects of the disputed material relationship; identifying the possible presence of other actors material legal relations that are in close connection with the disputed material relationship
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Description
The author of the article analyzes the opinions of criminal scientists in the legal literature regarding technical and criminalistic support for the detection and investigation of crimes. The content of the given scientific article allows us to rethink the current state of the use of technical and criminalistic and other means in criminal proceedings. The author's revised definition of the concept of technical means used to collect, verify (study) and evaluate evidence in criminal proceedings is proposed
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CRIMINAL RESPONSIBILITY OF PERSONS WHO HAVE COMMITTED CRIMES IN THE STATE OF INTOXICATION
DescriptionThe article analyses the criminal legislation in the application of such circumstance aggravating punishment as crime in a state of intoxication. Different points of view on a concept of state of intoxication and its value for qualification of crimes and criminal liability are considered. It is emphasized that now the legislator establishes the rule according to which the person who commits a crime in a state of intoxication caused by alcohol, drugs, psychotropic substances or their analogs, new potentially dangerous psychoactive substances or other intoxicating substances is held to criminal liability on general basis. In the article, we describe foreign criminal laws concerning rules of sentencing a person who committed a crime in state of intoxication. The authors paid special attention to consideration of court practice of application of this circumstance aggravating punishment. The authors illustrate the lack of uniformity in approach of judicial authorities to application of this circumstance. The authors formulated the proposals for improving the existing criminal legislation. In addition, the authors point to the need for the Resolution of the Plenum of the Supreme Court of the Russian Federation, which would explain in detail the accounting rules of state of intoxication at criminal sentencing
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Description
Currently, with the support of the Krasnodar region administration, the task of returning the Cossack way of life in the territory of Kuban is being solved. In these conditions, features of honor, dignity and business reputation of Cossacks of the Kuban Cossack army as objects of the civil protection legal relationship on their judicial protection from defamation, considered in the article, become very relevant. It is suggested in defamatory litigation to leave the stereotyped, based on the same for all understanding of these immaterial benefits, to take into account their characteristics for the different groups of population, including Cossacks of the Kuban Cossack army
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Description
The article analyzes the legislative definition of the term of "official of the body of inquiry" (introduced in the paragraph 6 of part 1. article 40.2 of the code of Criminal Procedure of the Russian Federation the Federal law from 30.12.2015 year); it substantiates the definition and demarcation of the procedural powers of the relevant officials involved in the instruction execution process of the head of the inquiry body
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Description
This scientific article covers the relevant aspects of an investigator – criminalist of Investigatory Committee of the Russian Federation, both procedural and organizationally – tactical and managerial direction in the field of criminal justice. The author of the scientific article analyzes the norms of the Criminal procedure codex of the Russian Federation, departmental normative legal acts of the General Prosecutor and the Investigative Committee of the Russian Federation and expresses his own judgment; offers measures on improvement of position of some norms of the Criminal procedure codex of the Russian Federation on the studied issues
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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