12.00.00 Law sciences
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PLEDGE AND MORTGAGE UNDER THE INDIAN LAW
DescriptionThe article discusses the concept of species, the essential terms and the grounds of the pledge in Indian law, and especially the pledge agreement in the legal practice of India
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CRIMINAL PROCESS AND OPERATIONAL AND INVESTIGATIVE ACTIVITY
DescriptionThe authors of the article examine the relationship between the criminal process and investigative activity taking into consideration the requirements of the Criminal Procedure Law and the Law on Investigative Activities in the Russian Federation. Such important issues as main tasks and principles of the criminal process and investigative activity are considered in the article. The authors analyze interrelations of some investigative actions and operational search as well as the order of introduction and usage of the results of the investigative activities at the stage of criminal case initializing and in the course of investigative activities. The authors also pay attention to the data which must be submitted in the report or memorandum on the prepared or being committed crime giving grounds for criminal case initializing
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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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CRIMINAL AND LEGAL CHARACTERISTIC OF NON-TARGETED SPENDING OF BUDGETARY FUNDS
DescriptionThe article analyses the criminal and budgetary legislation in the field of non-targeted spending of budgetary funds. Research of the official statistics provided by the General Prosecutor’s Office of the Russian Federation from 2003 to 2014 showed a decrease in the facts of nontargeted spending of budgetary funds, that, according to the authors, is a sign of high level of latency, because law enforcement and financial control authorities are facing difficulties at a stage of identification of this crime and proof of data obtained during the investigative measures. The authors of the article paid special attention to the analysis of the elements of the non-targeted spending of budgetary funds. The different points of view of the object of this crime are considered. At disclosure of objective features, the authors point to the terminological differences between the Criminal code of the Russian Federation and the Budgetary code of the Russian Federation that, undoubtedly, in practice disturb the correct qualification of the actions. By consideration the subject of non-targeted spending of budgetary funds, materials of criminal cases have been studied which allowed to reveal obvious gaps of the criminal law in this sphere. The authors formulated the proposals for improving the legislation by inclusion of the qualifying features and addition the third part of article that, certainly, has to be reflected in differentiation of criminal responsibility
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TO THE QUESTION OF THE PROMOTION AND AWARDING OF PUBLIC CIVIL SERVANTS
DescriptionIn this research, we discuss promoting and rewarding of civil servants. These methods represent system stimulants that affect the needs and interests of the public civil servant in order to induce him to conscientiously carrying out their duties. It is concluded that awarding and promotion are important parts of the incentive scheme for civil servants, because they show how faithfully and efficiently citizens do their job, and these methods pave the way for this fellow citizen doing their job perfectly. We must mention the material benefits obtained by a civil servant usually in the form of encouragement. It should be noted that in recent years actively updated current legislation has been promoting and rewarding measures that are established by different public authorities, which gives law enforcers more options in choosing the measures of rewarding and encouraging, relevant to labor achievements of citizens. The main legal source is the Law of 27 July 2004 N-79 "On State Civil Service of the Russian Federation,"[1] which established an indicative list of awards and rewards of public civil servant
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ESTABLISHING EFFECTIVE CONTRACT FOR CIVIL SERVANTS
DescriptionThe ongoing administrative reform in Russia has been carried out with the help of modern technology and human resources and it has a significant impact on the staff of the civil service - civil servants. This article presents the position of the Government of the Russian Federation, according to which the establishment of effective contract - one of the ways of development, improve the remuneration system for civil servants, public servants themselves assessment of this innovation, presented the implementation of effective regulatory framework contract is indicated by its ideology. The factor affecting the wages of civil servants is a performance indicator; the article lists its views. In different departments, employee performance is evaluated differently in the article presents an assessment of the effectiveness of them. The evaluation of the implementation of effective contract Sergei Filatov, who served as President of the socio-economic and intellectual programs and Dmitry Abzalov - President of the Center for Strategic Communications. Also there was shown the analysis of public servants’ understanding, feasibility and impact of introducing effective contract in the state structures. We have proposed measures to address misunderstandings of the reform civil servants. There are findings as well as possible scenarios after the establishment of effective contract
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LEGAL ENTITY AS SUBJECT OF ADMINISTRATIVE RESPONSIBILITY
DescriptionThis article focuses on the economic activities of legal entities as subjects of administrative responsibility. The article considers the peculiarities of this type of liability applicable to legal persons. The purpose of this article is to study the legislative framework of this institution, identifying the distinguishing features of this type of liability. Despite an adequate regulation of the legal status of the entity in various legal acts, there are many debatable issues. This topic is relevant, because now there is freedom of economic activity and the institution of administrative responsibility appeared relatively recently in our legislation. All this creates an increasing number of offenses by organizations whose actions impinge on the public relations protected by the norms of administrative law. The most debatable issue is the mental element of the offence which guilt. We found that identifying guilt of a legal entity with the guilt of individuals does not seem appropriate. Guilt of a legal entity is of the greatest interest. There are several theories concerning this element subjective side. This article describes the main provisions of the theories expressed by many scientists in the field of administrative law. All the above demonstrates the need for studies of this type of legal responsibility and improving of the Institute of administrative law
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PROBLEMS OF LEGAL REGULATION OF FREE LEGAL HELP
DescriptionThe authors of the article analyze the legal grounds of free legal assistance marking the novels of legislation regulated by the federal law “On free legal assistance in the Russian Federation” and problems connected with its realization. There were given the characteristics of subjects of state and non-state systems of free legal assistance in the article. The special attention is paid to the specificity of the activity of state and municipal agencies, legal clinics, non-state centers of free legal assistance. The authors consider the peculiarities of legislation of the subjects of the Russian Federation setting the guarantee of rights on getting of free legal assistance. The problems of legal assistance under the presenting of citizens’ interests in arbitrary courts, problems of legal clinics assistance quality, problems of legal provision of the activity of municipal legal agencies are analyzed in the article. Due to the practice of realization of legislation in the Krasnodar region there were made the conclusions on the reasonability of extending of the list of citizens’ categories having the right for free legal assistance and cases of such assistance, giving the compulsory authority to the agreement on free legal assistance; the introduction of the article on municipal legal agencies into the Federal law; working outs of standards of the activity of legal clinics and systems of preparations to the legal assistance of students and teachers
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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
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CONTROL AUTHORITIES OF INSTITUTIONS OF THE CIVIL SOCIETY CONCERNING TO THE STATE POWER
DescriptionThe article is devoted to the analysis of the legal status of institutions of the civil society owing the control authorities concerning to the organs of state power. We have analyzed the legislature, which is fixing the bases of public control and practice of activity of corresponding institutions of civil society; the authors show the main problems of activity of subjects of public control and give proposals on their solving because it is necessary to increase the effectiveness of execution of public control in the Russian Federation