12.00.00 Law sciences
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LEGAL ANALISYSIS OF SOCIAL SECURITY LAW IN RUSSIAN FEDERATION AND THE FEDERAL REPUBLIC OF GERMANY
DescriptionThe authors analyze the issues of the legal and economic problems of social security governmental regulation in the Russian Federation. In order to identify and subsequently find theoretical and practical resolution of conflicts and flaws in the domestic social security law, the authors propose to analyze the social institutions of the Russia and to match them with the existing social institutions of the Federal Republic of Germany in view of their historical closeness, belonging to one family of law, and the similarity of the legal foundations of the constitutional system. Comparative analysis of various aspects of life quality according to Russian and German data, which was examined above, leads to the conclusion that the primary task in this country is to restore revenues and stimulate the population’s solvency. The study of the social security issues led to the conclusion that the state social insurance is intended to replace the income lost due to certain events such as unemployment, illness, disability, old age, accident-at-work insurance. The authors conclude that there is need to improve the current Russian pension legislation, social security and social legal guarantees
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Description
The article defines the acts of corruption as a factor affecting the external security of the country, given the scope of public relations, which are affected by corruption. We have displayed historical overview of corruption. On the example of the recent political events in the world, the article shows a destructive impact of corruption on the constitutional arrangement of a number of near countries and far abroad. The work defines the effective role of the psycho-physiological study of polygraph in detecting accuracy of information in the fight against corruption in the Russian Federation. The use of polygraph to improve anti-corruption policy of the state opens up new possibilities in the fight with the worldwide scourge of corruption. The work gives basic preventive function to psychophysiological research on polygraph in the organizations fighting against corruption in Russia. The article analyzes the draft law "On the application of the polygraph in the Russian Federation", which is currently being introduced in the State Duma. Based on the study of the projected rate, we have made conclusions about the need for research on a polygraph in detecting corruption risks in the case of appointments of civil servants from the activity of which depends on security and international prestige of the Russian Federation
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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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LEGAL BASIS FOR SEARCH ACTIVITIES OF THE UNITS ENGAGED IN OPERATIONAL INVESTIGATIVE ACTIVITIES
DescriptionThe authors of the article consider legal organizational and tactical issues of operational investigative activities in the course of search. The authors compare some items and norms of Russian Constitution, Criminal Law, Criminal Procedure Law, Federal Laws governing the operational-search activity, in particular search activity, some sources of information, such as confidential. In particular, the authors examine the legal basis of the internal affairs agencies in the fight against crime as a science-based system of legal norms contained in the laws and bylaws that create the legal preconditions, as well as the conditions and procedure for carrying out operative search actions, either directly regulating the legal organizational and tactical questions of application of operational investigative forces, means, methods and forms in the fight against crime. Thus, the authors believe that the search activities of the units engaged in operational investigative activities of the police, as an organizational and tactical form (or part of) the operational-search activity of law enforcement bodies as a whole, it has a single legal framework that operational search activity in general
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LEGAL RELATIONSHIP AND SUCCESSION TO THE INHERITANCE
DescriptionThe authors of the article consider and analyze various points of view upon hereditary legal relationship and the nature of universal succession to the inheritance. The matter of hereditary legal relationship appears due to the death of the testator. Hereditary legal relationship arises on various bases, which grow from the facts: discovery of inheritance, acceptance of inheritance, refusal of inheritance, execution of the will, hereditary transmission and other legal relationship. The authors come to the conclusion that the change of the testator as subject in any of the legal relationship existed during his lifetime is impossible without the whole complex of the hereditary relations, and while some (the relations on protection of hereditary property, division, etc.) can be avoided in the course of transition of hereditary property, the others (discovery of inheritance, acceptance of inheritance) are necessary. In each legal relationship the successor perceives the whole legal situation of the testator, that is in each legal relationship the rights which are the object of the relation will be passed to him. The contents of hereditary legal relationship claim that inheritance represents the transition order protected by the law after the death of a citizen (testator) of the things owned by him on the right of a private property, the property, and also property rights and duties to one or several persons (successors) as universal succession. In the case of universal hereditary succession, the rights and duties are passed to the successor with one act, without a transfer by their first owner, and the passed rights and duties continue to be estimated on the identity of the first owner. Finally the authors come to the conclusion that universality designates transition of the rights as well as the testator’s duties (except those inseparably linked with the identity of the testator) as a whole when the successor can't selectively accept some rights and duties, having refused the others. Restriction of responsibility of the successor for the testator's debts with the size of hereditary volume does not change the essence of universal succession in this regard
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PRACTICE-ORIENTED APPROACH TO THE SCIENTIFIC RESEARCH OF CRIMINAL LAW STUDENTS
DescriptionThe article deals with the causes of decline in the quality of training of future lawyers, the need to apply and implement in the learning process of innovative, practice-oriented technology related to the study and use of law enforcement practice while writing diploma and other scientific papers by law students of criminal law specialization. Some ways of search and receiving the materials of investigative and judicial practice are proposed in the article
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THE LIMITS OF PROSECUTORIAL SUPERVISION IN ROAD TRAFFIC SAFETY
DescriptionThe article attempts to reach the concretization of the concept of "limits of prosecutorial supervision" in relation to the implementation of supervisory activities in road safety
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PREREQUISITES FOR THE SECULARIZING REFORMS IN THE RUSSIAN EMPIRE
DescriptionThe article examines the process of secularization of Church property in the history of the world. Special attention is paid to the assumptions of the preparation of secularizing reforms in the Russian state since the policy of Joann III. We address the relationship between Church and state in the field of Church lands and ecclesiastical jurisdiction authorized in Stoglav in 1551, and in the judgment of the Council estates in 1581 and 1584. The article studies the reasons, under which it became necessary, in conditions of the emerging absolutism, to limit the Church's estates; the ecclesiastical jurisdiction in this connection, there was issued the national Code – “Sobornoye ulozheniye” of 1649. The study discusses the limitation of economic and administrative privileges of the Church in accordance with the Council code of Tsar Alexei Mikhailovich. The article focuses on the administrative and financial functions of the Monastic Order. We have also made a distinction, and there are differences in the powers between the Monastic Orders 1649 and between recreated Monastic Order in 1701. The article discusses the mission of the Church reform of Peter I the Great and the results of this reform, which prepared the legislative framework for the secularizing reforms of Catherine II the Great
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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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PRIORITY RIGHTS IN THE RUSSIAN CIVIL LAW
DescriptionIn this article we consider the category of priority rights in the Russian civil law. The author gives a brief historical analysis of this important institution of civil law, consistently considering priority rights in different legal situations and formulates the concept of priority rights