12.00.00 Law sciences
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Description
The article sets out the authors ' opinion on the content of guidelines describing the opinions of Russian and foreign scientists in favor of the justification of criminal liability and punishment of legal persons, either against itself or, conversely, offering a compromise in the application of legal persons. Characteristic in this respect the authors of the article on the position of the Investigative Committee of the Russian Federation, submitted in 2011, the year the project enters into the criminal law Institute criminal legal action against businesses and provides theoretical justification for the project. Based on the position of experts in their field - investigators of the investigative Committee, we have identified the most known and well-established principles of the theory of criminal law disciplines. On the basis of the conducted analysis, the authors generated novel in the criminal law, which from the point of view of the authors, will have great application prospects in the Russian criminal practice. An additional argument supporting the need for improvement of criminal legislation in Russia are advanced legal state of the world, analysis of the criminal law which, which was also investigated by the authors
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USING EXPERTISE IN THE INVESTIGATION OF UNLAWFUL USE OF A TRADEMARK
DescriptionThe author of the article explores the order of the using the special knowledge in the investigation of the unlawful use of the trademark, the forms of the using special knowledge. It is impossible to carry out the investigation of the illegal use of a trademark just as other economic crimes without the use of the special knowledge. The main task which is solved by means of the expert research is finding of the use on the certain products of the alien trademark, this means there are mismatches of the product quality with the quality of the claimed trademark. No matter in what forms the special knowledge is used (the expertise, the professional judgment or the debriefing of the knowledgeable person), it should be used at the time of the inspection reports of the illegal use of the trademark. The author has examined the procedures of the competent person, who invited as a specialist during the inspection of the seizure, counterfeit products; he showed the sequencing of the action for the implementation of the examination by a specialist. During the inspection the expert must assist the investigator (inquirer) in the identifying of those attributes that point to counterfeit products. The characteristic signs of the counterfeit products were investigated. It is highlighted the need for special knowledge in the field of merchandising, for the conducting of the merchandising researches in the investigation of the unlawful use of the trademark, is also needed for the appointment and other examinations such as patents; computer, technical and forensic examination of documents
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COMPUTERIZATION OF INVESTIGATION TARGETING AND PLANNING
DescriptionThe article deals with the problems of the automation of an investigation targeting and planning. The authors consider the possibility of the development of the automatic logic system for designing and using investigation methods of different types of crime. The authors propose the following solution of the problem: handling of the data of criminal cases of the certain type of crime to analyze and highlight the initial information; developing of the typical investigation situations and hypothesis with logic chain; developing a set of measures (investigative activities, search operations, organizational preparations and other actions), which can help achieve the objectives; list of tools necessary to carry them out
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Description
The scientific article: "The crimes committed by legal persons in foreign countries and penalties applied to them (a systematic review of international practice)" encompasses a statement of practices in sentencing in foreign countries for crimes committed by legal entities. The article reflected the author's consistent position on the feasibility of the introduction of the Russian criminal law liability of legal persons, which is justified by reference to the experience of the institution of criminal liability of legal entities in several foreign countries, and forsake not the position of the Investigative Committee of the country, nominated in 2011, the idea of criminal liability companies. The content of the article is aimed at an exchange of views on the problems of introducing criminal liability of legal persons in the Russian criminal law. Analyzed experience in combating crime entities reasoned position as the leading experts in this area and materials jurisprudence allows fully justified to assume a legal entity as a full subject of criminal activities in Russia. In addition, the chronological period law enforcement and pluralistic views of members of the judiciary of England and the United States, determine the inevitable process of globalization of the world legal community in which Russia now occupies a prominent place
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Description
The article is devoted to the creation and activity of principally new organs of local self-government for Russian state – province and uyezd Zemstvos, which were formed by means of elections. Peculiarities of political and legal mechanism of formation of overall class organs of local authorities having too many powers in decision of questions of local sense are disclosed. Attention is paid to incompleteness of legislative regulation of many electoral procedures that made the sphere of administrative discretion significant. There were enlightened principally important characteristics of elections in Zemstvo which are overall class and combination of a principle of property qualification with noble family class representation, on the basis of which the author makes the conclusion on necessity of extension of representations of modern legal science on present qualifications. The comparative analysis of public polemic on the questions of results of Zemstvo reforms is conducted. In general bulk of ideas on extension of Zemstvo representative law the author was singled out two main trends: extension of quantity of voters by means of decrease of qualification limitations and equalization of representation of different social and class groups of population. On the basis of analysis of legal bases of formation and development of electoral process in XIX century the assessment of adequacy of modern system of Russian representative legislation is implemented
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LEGAL BASES OF THE INSTITUTE OF PUBLIC SERVICE
DescriptionIn this article some features of legal regulation of institute of public service are considered. The analysis of the norms of the office right establishing special administrative legal status of public servants is carried out. The author investigated the considerable list of the pre-revolutionary, soviet and modern legal literature devoted to topical issues of institute of public service. The main concept of this article is that the institute of public service is considered by us from a systemacity position. For example, the content of the concept "state position" from the point of view of both standard the contents, and opinions of representatives of the scientific doctrine is opened. The author's definition of the legal category "state position" is offered. Besides, various concepts of understanding of the concept "public service" are presented in article. Thus the author paid attention that earlier in the domestic legislation there was uniform no opinion and standard establishment of the legal category "public service". The main signs of the state position by the legislation of the Russian Empire are given in article. It is noted that in pre-revolutionary Russia legislators identified the concepts "public servant" and "official". This approach, according to the author, wasn't the advantage of the pre-revolutionary legislation, testifying to the low level of legislative equipment
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FORENSIC INVESTIGATOR: HIS PROCEDURAL STATUS AND FUNCTIONS
DescriptionThe article covers the problems of procedural status and functions of a forensic investigator taking into account the provisions of p. 40 (1) art.5 of the Criminal Code, comparing with the previous position of the criminal procurators. The author suggests the wording of a new article 38(1) of the Criminal Code as a “forensic investigator” and defines his procedural status. Thus, a forensic investigator at the pre-trial proceedings should have the following powers: according to the investigator’s decision (the head of the investigation team or the head of the investigative body starting the production of a case) he could be entitled to authorize the investigative and other procedures, as well as the participation in the investigation along with the investigator, in order to ensure the proper application of scientific and technical tools and procedural recordings during the investigation, addressing experts for help and cooperation with forensic institutions, and the use of the advanced features of forensic examinations; introduction of new science and technology excellence in the detection and investigation of crime; development of scientific-methodological and practical recommendations for the detection and investigation of crimes
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Description
In the article we have analyzed the value of criminalistic studying of the identity of the minor criminals committing mercenary violent crimes. The author considers the questions connected with a perspective of obtaining data on the identity of the minor. The author notes that it is necessary to study comprehensively the identity of the minor at investigation of a crime as it will increase the efficiency of the carried-out investigative actions and promotes the correct solution of problems of investigation and re-education of minor, and, eventually, to achievement of an ultimate goal of criminal legal proceedings. The author notes that a formal approach to the studying of the identity of the minor is not allowed, because it slows down the investigation. The analysis of problems, which the investigator meets, when collecting data on the minor and possible ways of their overcoming is carried out. The author notes that one of the pressing problems is the deficit of time for collecting necessary data on the identity of the minor. The author offered a system-structural approach to the criminalistic studying of the identity of minors, who committed mercenary violent crimes. The author of the article considers that criminalistic significant data on the identity of the minor criminal committing mercenary violent crimes can help at the establishment of important information for the criminal case, namely specify interrelation between social psychological, biological properties of the identity of the minor criminal: to track displays of specific qualities of the identity of the minor by preparation, commission and concealment of traces of the crime; on the basis of received data to develop a system of standard versions about the person who committed a crime, on the basis of information to hold the operational search events directed on the identification of the minor criminal. The author notes that in practice in the materials of criminal cases on mercenary violent crimes there are limited data on personal features of minors. So, the structure of the characteristics made by pedagogical workers on minor accomplices is typical. The references and characteristics represented by inspectors of PDN are made in most cases formally. The author of article makes a conclusion that limitation of data on personal features of minors can be eliminated only by association of professional efforts from bodies of preliminary investigation, inspectors on affairs of minors, the commissions on affairs of minors and protection of their rights, psychologists, social teachers
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MEASURES TO COUNTER THE LEGALIZATION (LAUNDERING) OF INCOME FROM CRIME
DescriptionIllegal actions of economic orientation pose a serious threat to the economic security of the state, as are latent crimes. This article discusses the complex and urgent problem associated with increased measures for combating money laundering or other property acquired by criminal means. From a legal point of view, legalization is making ownership, use and disposal of such funds or other assets by financial transactions or other transactions. From the perspective of the real economy legalization is associated with the receipt of previously unrecorded funds in the legal economy. As the results of the study of the practice of criminal responsibility under Art. 174 of the Criminal Code, the main sources of illegal proceeds are theft, illegal use of natural resources, tax evasion and customs duties, illegal sale of illicit trafficking of goods, criminal acts of corruption, and others. From this we can conclude that the main direction of strengthening control over the legalization of proceeds from crime is to prevent the emergence of centers of capital legalization. To this end, the article analyzes the changes of international and domestic legislation in the field of anti-money laundering. We have added specific measures to stop this type of criminal acts aimed at strengthening the control of the authorized state bodies, including in relation to natural and legal persons participating in the capital of foreign entities
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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