12.00.00 Law sciences
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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Merkusheva, P.A. Lupinskaya, V.Zazhitsky, I.B. Mikhailovsky, I.L. Petrukhina et al and with an account of published and unpublished jurisdiction.
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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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THE CONSTRUCTION OF UNNAMED CONTRACT IN CIVIL LAW
DescriptionThe article is concerned with problems of notion and qualification of contracts not regulated by the Civil Code of the Russian Federation and other legal acts ("unnamed contracts"). Conflicting jurisprudence on ascertaining unnamed contracts concluded is demonstrated. The methods to perfect the legislation on the matter are suggested
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CIVIL SERVANT’S DISCIPLINARY RESPONSOBILITY IN THE RUSSIAN FEDERATION
DescriptionThe article examines some features of legal regulation of civil servant’s legal responsibility in the 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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Description
After analyzing scientific papers on the topic of many scholars, the author focuses on the situational approach as a major factor of the organizational aspects of the investigation planning by an investigative team in cases of multi episode complex collective crimes. It has been suggested that the planning and organization of the investigation is preceded by the predictive assessment of the investigation situation, determination of the pattern of a detective’s actions and programming and simulation of the investigation process. All processes require the implementation of organizational and administrative activity of the head of the investigative team. However, the initial investigation planning for one or more crimes is reduced only to a description of the investigative situations, to the presentation of a list of investigative actions and operational searching activities without the agreed plan and appointment of the participants in such activities. Consequently, the situational approach in planning can minimize errors during investigative activities and optimize the work of the investigative team dealing with the multi episode crime particularly complex in terms of investigative and procedural actions and operational and searching activities
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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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Description
In given clause are taken up some problem questions connected with definition constitutional of a legal status of the chapter of municipal formation. Carried out research allows to eliminate current problems in the legislation, and also enables for correct understanding chapters of municipal formations of the functions influencing quality of work and forming the basic directions of their activity.