12.00.00 Law sciences
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Description
At present time, the authors consider the urgent problem on preparation of a prosecutor to the realization of criminal-procedural function of establishment of objective truth in a criminal case for law enforcement practice. The conclusion on realization of the present function by a prosecutor is substantiated on the basis of directives of a general prosecutor of the RF, a prosecutor of Krasnodar region, the conducted poll of present employers of bodies of a public prosecutor's office of the RF, opinions of scientists in the sphere of process, authors’ own arguments and practical recommendations on preparation of its execution are given. The complex analysis of criminal-process authorities of a prosecutor allowing it to achieve the effective establishment of objective truth in a criminal case is carried out
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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
Authors discuss legal issues and protection of children from the inducement to use narcotic drugs, psychotropic substances or their analogues in Russia
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Description
The article notes that in the XIX century by the name of the decree of the Emperor Alexander II there was formed the Kuban area, including the territories of the Black Sea Coast, North-Eastern part of the Kuban and Zakubanye. Based on the opinions of imperial approval of the State Council "On the permission for the Russian citizen of non-army class to settle and acquire property in the lands of the Cossack troops" from April 29, 1868, Kuban as a whole, and the town of Ekaterinodar, in particular, have received a significant increase in population, which meant the prospect of rapid economic development. The article states that in the period from 1869 to 1871 on the territory of the Kuban region there was a judicial reform, which had a result: from the January 1, 1871, alongside with the formation of new courts there were established new court departments of prosecution of the Ekaterinodar District Court. Along with this great transformation, taking place in the police, the Emperor Alexander II, with a view to changes and improvements in the apparatus of the police, approved the "Temporary Regulations for the structure of the police in towns and districts of the provinces, the general establishment of the governed", which provided preservation for the city police exclusively in provincial and major district towns, leaving it under domination of the police chiefs. The rest of the city and the county police subordinated to the county police departments headed by the county police officer
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POSITIVE DEVIATIONS AS AN ELEMENT OF MODERN DEVELOPMENT OF THE RUSSIAN SOCIETY
DescriptionIn this article, the author considers the tasks of positive deviations at the modern stage of the Russian society as a part of various scientific theories and approaches of psychology of the deviant behavior and grounds the necessity of the activities as essential components of the progressive changes in social systems
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THE CONCEPT OF A GROUP OF INVESTIGATION OF CRIMES AGAINST FAMILY AND MINORS
DescriptionThe article presents the concept of group methods of investigation of crimes against a family and minors. There was briefly investigated the concept of criminal – legal characteristics of specific offences against the family, which are common. The general positions for the questions about criminalistic characteristics were reviewed. We have justified the conclusion about the essence of a group technique of investigation of crimes against a family and minors
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CONCEPT AND SIGNIFICANCE OF TERMS IN CIVIL LAW
DescriptionThe article reveals the concept of term in the civil law. The author considers the various classifications of terms and their main features. The main attention is focused on the meaning of terms in civil law. Namely, on the expiry of the contract as a legal fact. The author concludes a significant role of terms of civil matters. For example, they point to the beginning and end of relationship, the need to establish the commission of the planned actions; they clarify the civil relations and discipline their members. The author notes that in terms of contractual relations are Obligations element, the correct application which provides some protection of rights of participants in civil relations. However, despite all this, the provisions of the dates in the current civil law needs work, a more detailed definition of the relation of concepts such as termination of the contract term and the term of the extinguishment of debt. The study is based not only an analysis of theoretical works of scientists, but also on law enforcement practices. The analysis of court decisions relating to the provisions in question, on the basis of which certain conclusions. The author of the article has identified actual problems of current legislation and conclusions and suggestions on the need to improve the existing civil law
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THE CONCEPT AND SOURCES OF CIVIL LAW REGULATION OF ENERGY SAVING
DescriptionThe article discusses the concept of energy efficiency as an object of civil rights. It examines the characteristic features of the object of civil legal relations. On the basis of the current sources of the civil law we have analyzed the sources of civil law regulation of energy saving
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CONCEPT AND LEGAL REGULATION OF INNOVATIVE ACTIVITY
DescriptionThis article is devoted to legal regulation of innovative activity. In this work various legal communications between various sources of law establishing a legal regime of innovations and innovative activity are considered
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THE NOTION AND LEGAL REGULATION OF E-COMMERCE
DescriptionMore and more goods are sold by the means of the Internet and other information and telecommunication networks from year to year. Despite the common practice to sale goods on websites, a general idea of ecommerce is not formed in the modern legal science and the current legislation, the notion ‘electronic commerce’ itself is missing. The presence of multiple gaps in the law and the growing number of disputes have served as a reason for writing this article which touches the issue of studying e-commerce as one of the kinds of business activity. The article describes scientific approaches to the definition of the notion ‘electronic commerce’, the problem the e-commerce object is raised, the notion ‘electronic transaction’, general provisions of transactions, performed by the means of information and telecommunication networks, are analyzed. The authors have paid attention to the practice of concluding contracts by the means of Internet resources, have noted the problem of the correlation between the content information posted on the website and the browse-wrap agreement. The authors consider necessary to legalize of the notion ‘electronic commerce’, to determine legislatively its parties and the rules of implementation. Systematization of the provisions on electronic commerce can be realized within the scope of a separate federal law 'On the Rules of Ecommerce.' Such measures will be able not only to bring the current pattern of Russian business nearer to the international standards, but also to raise it to a new level