12.00.00 Law sciences
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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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«SYMPHONY» OF THE AUTHORITIES IN BYZANTIUM, AND IN RUSSIA AS THE SUCCESSOR OF THE BYZANTINE EMPIRE
DescriptionThe article discusses the "Symphony of authorities" in Byzantium and Russia. It reveals the nature, origins and objectives of the State and the Church. Since ancient times, the Church played an important role in the life of society and state. In Byzantium, the authority of the Emperor played a major role in strengthening the Orthodox Church. The Church, particularly, has developed and highlighted the official doctrine of the divine origin of the Imperial power. In the Byzantine Empire a perfect model of Church-state relations – "Symphony of authorities" was formed. The article takes into account the Byzantine edicts, which regulated the relationship between the Church and the state. We considered the legislative acts of Ancient Russia, confirming the existence of that "Symphony" in the Kiev period. The basis of the ancient law was based on the Byzantine collection of ecclesiastical rules and Imperial edicts, called Nomocanon. The article focuses on the models of the interaction of the Church and the state. Special attention was paid to the concept of "Moscow is the third Rome", due to the continuity of the Byzantine Empire Russia as an Orthodox center. We discuss the result of Ferrara-Florence Union as the main reason for the awareness and acceptance of the concept of Philotheus by Russian people. Taking into consideration the concept of "Moscow is the Third Rome", we consider models of the interaction between the state and the Church in the era before Peter I the Great
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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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ORGANIZATION OF THE INITIAL STAGE OF THE INVESTIGATION OF CRIMES AGAINST THE FAMILY AND MINORS
DescriptionThe article describes main questions of the organization - the analytical process at the initial stage of the investigation of crimes against the family and minors, particularly targeting investigated, initial investigation, shows the features of the initial stage of investigation of trafficking in minors, child substitution and illegal adoption
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Description
The author has analyzed scientific and technical literature, materials of judicial and investigative practice, criminal procedural law, different views of scientists, as well as his own judgments on the proposed definitions of an investigative team and an investigation group and the matters related to the investigation planning (strategic plan, an additional plan, the investigation plan as a whole in the case and during specific investigative actions and operationalsearch activities). The analysis allows the author to declare the need to invite the heads of the investigative bodies of the various departments and units to carry out more in-depth additional analysis of the effectiveness of the investigation and the investigative teams and the work of their managers to develop effective, strategic, shared, refined, additional plans for specific investigative actions and operational-search measures. The author also offers and considers it expedient to establish the investigative team as a procedural form of interaction in the production of the preliminary investigation, as well as the group of the operational support of the investigative team, i. e., operational investigation group as a non-procedural form of the activities for the detection and investigation of non-obvious, serious and very serious crimes. Thus, for the development and the effective operation on the detection and the investigation of non-obvious, serious and very serious crimes, multi episode, complex cases with the socio-political impact, the investigative team and the operational investigation group should be combined into a single structure
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CURRENT ISSUES IN THE RESEARCH OF COLD STEEL ARMS AND THROWING WEAPONS AND THEIR TRACES
DescriptionThe authors of the article point out that the research of cold steel arms and their traces has been considered in detail in the studies of different criminologists. Unfortunately, many scientists, examining cold steel arms as the item of expertise, mainly paid attention to the knives, swords, daggers, etc., but few researchers considered crossbows as cold steel weapon. In accordance with part. 4 Art. 223 of the Criminal Code of Russia for illegal manufacture, alteration or repair of throwing weapons, as well as the illegal sale of throwing weapons (Art. 4, Art. 222 of the Criminal Code), criminal liability is stipulated. Thus, the authors agree with the opinions expressed in the literature according to which attention should be paid to the fuzzy wording of p. 4 Art. 222 of the Criminal Code and p. 4 Art. 223 of the Criminal Code of the Russian Federation: "Cold steel weapons, including throwing weapons". Throwing weapons are not included in the number of cold steel arms; it is an independent type of weapon that is different from the cold steel by its technical characteristics. The common feature of cold steel arms and throwing weapons is striking of a target due to the muscle power of a man. The main difference is that there is no projectile with directional movement in cold steel arms and striking occurs due to the direct contact with the object. The definitions of these types of weapons are contained in the Federal Act "About Weapons"
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Description
The article analyzes the content of the duty of the court on determining the composition of persons participating in the case and the specific actions of the court, he needs to do to resolve the issue of the composition of the persons participating in case: correct definition of the subjects of the disputed material relationship; identifying the possible presence of other actors material legal relations that are in close connection with the disputed material relationship
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TO THE QUESTION ABOUT PROBLEMS OF THE QUALIFICATION OF FRAUD IN THE SPHERE OF LENDING
DescriptionThe article covers the problems of the classification of the crime under Article 159.1 of the Criminal Code of the Russian Federation, and its delimitation from certain related offenses. The article analyzes a definition of the area of lending as well as the definition of a bank or any other lender. The article also analyzes a subject of a crime and the subjective aspect of a crime. The author pays special attention to the analysis of the ways (methods) used to commit fraud in the area oflending. The article considers the question of whether the known to be false or misleading information provided to a bank or other lender is the evidence for the crime stipulated by Article 159.1 of the Criminal Code of the Russian Federation. The article encourages the exchange of the opinions upon the problem of the application of the law on fraud in the area of lending. The author indicates the need for some changes in Article. 159.1 of the Criminal Code of the Russian Federation and the adoption of a new resolution of the Plenum of Russian Supreme Court, which will resolve difficulties in qualifying fraud in the area of lending
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PROBLEMS OF PRAVOSUB'EKTNOSTI OF AGRICULTURAL COOPERATIVES
DescriptionIn this article the legal capacity and capacity of agricultural cooperatives fixed by the existing civil legislation of the Russian Federation, and also the international acts is considered. The concept and the maintenance of right subjectivity of legal entities in relation to such special look as agricultural production and agricultural consumer cooperatives is analyzed. The main essential differences in legal status and the maintenance of legal capacity of agricultural production and agricultural consumer cooperatives on the basis of the analysis of the agricultural cooperative legislation, law-enforcement practice and the existing points of view of various authors (scientists-lawyers) are determined by this perspective in scientific literature. Proceeding from the detailed historical analysis cooperative legislative (both Russian, and international), and also the operating standard establishments, scientific views logical conclusions are drawn on lack of essential differences in legal status of agricultural production and agricultural consumer cooperatives. Besides, the reasoned conclusions are drawn on special legal status of agricultural cooperatives in system of legal entities and on shortcomings of the existing Russian civil legislation defining the bases for classification of legal entities and establishing their legal status. For the purpose of improvement and solution of problems of right subjectivity of agricultural cooperatives a number of measures of legislative character which are able to afford not only to allocate, isolate especially agricultural cooperatives from other organizational and legal forms of legal entities is offered, but also to make them the independent subjects of business activity possessing specific inherent only it right subjectivity that will allow to give them the special status and to increase their appeal and efficiency for the purpose of revival of agricultural branch of economy of Russia
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Description
The article discusses and analyzes the process of formation and organization of the election commissions in the Kuban region in the prerevolutionary and Soviet periods. The main research strategy articles can be viewed as the genesis of the electoral bodies in the Kuban region to the beginning of XX c., the main function of which was the organization and conduct of elections. The focus is on normative regulation of the electoral bodies, as well as the factors and conditions that contribute to their formation and development. In addition, we reviewed and analyzed the influence of the Soviet legislation to change the mechanism of formation and organization of the election commissions of the Soviet period. The article analyzes the composition of election commissions, the powers of the members of election commissions, the procedure of the election. We study the organs, whose powers are to oversee the elections. It is noted the role of the local Soviets in the preparations for the elections in the mid 50s. They provided all the organizational side of the preparations for the elections - the formation of polling stations, the compilation of voter lists, and the preparation of documentation. The article also reveals the problems that arose during the preparation and conduct of elections, shows the consideration of election commissions proposals and complaints of voters. In addition, there are sources of the State Archives of the Krasnodar Territory, the State Archive of the Russian Federation, archived issues of "Izvestiya", "Sovetskaya Kuban", "Komsomolets Kubani" newspapers