12.00.00 Law sciences
-
Description
The article is devoted to the analysis of the legislation on criminal liability for acquisition, storage, transportation, processing for sale or it is sold obviously illegally prepared wood. It is investigated the main and qualifying signs of the corpus delicti provided by Art. 191.1 of the criminal code of Russian Federation, and features of legislative technology of creation of norm on responsibility for this crime. Some problems of qualification of the specified crime and its separation from adjacent structures of crimes are noted
-
PARTICULAR ISSUES OF LEGAL REGULATION OF HOUSING COOPERATIVES MEMBERS RIGHTS
DescriptionThe authors analyze the question of the legal problems of protection of the rights of members of housing co-operative. The article shows the history of the development of this institution in the Russian Federation and its status. Of interest is the historical analysis of the legal institution, as well as the issue of protecting the rights of members of housing cooperatives throughout the history of their existence in our country. The author concludes that there is a need to improve existing legislation on housing cooperatives. In particular, the authors propose amendments to the Housing Code of the Russian Federation and other federal laws governing these legal relationships. The article provides the change of certain provisions of existing legislation that would allow better quality approach to the protection of the rights of members of housing co-operatives, as well as their regulation in general. As well, the authors indicated some legal problems that occur in practice arising from members of housing co-operative in their defense. The analysis of the legal practice of various courts of the Russian Federation has been carried out. Following consideration of the practical problems has been offered for both theoretical and practical ways to address them in order to prevent violations of the rights of members of housing cooperatives in the future
-
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
-
NEGATIVE SIGNS OF PLURALITY OF PERSONS IN CIVIL LAW
DescriptionIn the article we investigated various legal phenomena similar to plurality of persons in civil law, but are not, at the first time in a civil law science. The author considers the plurality of persons with similar legal phenomena to identify the characteristics of the phenome-non of legal plurality of persons in civil law
-
Description
The article contains legal theoretical definition of the concept of information and computer information, its juridical essence and fundamental characteristics in the context of formation of informational society. We have also made a short stage analysis of the formation of legal norms in Russian law in informational sphere. On the basis of the analysis the author gives his own definition of the term of computer information and concludes that problem requires immediate complex measures which should be directed to improvement of legislative norm
-
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.
-
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.
-
CREDIBILITY OF TESTIMONY ESTIMATE
DescriptionThe estimation and check of reliability of indications of the victim is possible only under condition of a recognition of the last admissible and attribute proofs. Therefore inadmissible or not attribute indications of the victim are simultaneously doubtful proofs. Value of indications of the victim is caused by what the data directly concerning materials of criminal case contain. The given circumstance should force authorities of criminal legal proceedings to concern check and an estimation of the received information more attentively and critical, therefore the circumstances excluding responsibility accused, or, on the contrary, guilt in fulfillment of a crime can be established
-
Description
The dismissal of the criminal case differs greatly from such a procedural act as the suspension of the case. The major difference is that the dismissal means the termination of the case, conclusion of investigation, while the suspension is just a temporary break caused by some certain circumstances, when they are eliminated the case procedure will be renewed and carried out in a regular way
-
PARLIAMENTARY CONTROL: NOTION AND APPOINTMENT
DescriptionThe present article is devoted to the institute of the Parliament control in Russian Federation, its role and importance in the structure of functions of the Parliament of Russia. The authors of the article analyze the different approaches to the notion of the Parliament control in the theory of constitutional law, in federal and regional legislation. The author’s definition of the Parliament control is formulated. The focus on the necessity of the clear setting of the present term in the present legislation of the Russian Federation is made. In the article there were reflected the ways of the Parliament control, there were given their characteristics. The authors state the key and secondary aims of the Parliament control set in the federal law. In the article there was given the characteristics of the principles of the Parliament control set in the federal law. The authors offer to extend the list of present principles of the Parliament control with the aim of the deeper understanding of its essence. The authors pay to the special attention to the role and the importance of the institute of the Parliament control in the Russian Federation, its influence on the development of the legal civil society in Russia. The special role of the Parliament as a representative institution of the people expressed its role. The assessment of the effectiveness of the execution of the Parliament control by the Russian Parliament on the modern stage of the country’s development is given. The problems of the trends of the improvement of the Parliament control are touched