12.00.00 Law sciences
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Description
The article is devoted to the topical issues of the search and detention of the military personnel who has avoided the military service. On the basis of official information, the author gave a short historical digression, the analysis of a current state of the problem of evasion of the military personnel from military service is carried out and possible ways of its solutions are proposed
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STRONG LEADER – THE KEY TO A STABLE AND STRONG POWER
DescriptionIn the work we present the analysis of influence of the personal qualities of the head of state on methods of implementation of state policy on developments in domestic and foreign policy, the image and the position of the state in the international arena
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Description
In the article, the author analyzes the aspects of the investigative activity of the investigator to locate the stolen property, provides the scientific approaches to the structure and content of investigative versions; the authors assess the relationship of the investigative versions and typical investigative situations; propose the algorithms of actions of the investigator in tracing stolen property with regard to various investigative situations
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SYSTEMATIZATION OF CRITERIA FOR IDENTIFICATION OF EXTREMIST CRIMES
DescriptionActive development of public relations entails its reflection in the criminal legislation of the Russian Federation. Currently, the issue of improving the criminal law remains relevant. In this regard, this article focuses on one of the most important tasks - structuring the legislative system of the Criminal Code of the Russian Federation, ordering criteria for identifying extremist crimes relative to the object of criminal law protection. Author considered necessary and legislative decision ordering the crimes of extremist orientation within a separate section of the Criminal Code which doesn’t reducing the status, the social danger of the crime and other crimes of extremist orientation
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SYSTEM INTERPRETATION OF THE PRINCIPLES OF CIVIL LAW
DescriptionThe article discusses the concept of principles of civil law. It examines the characteristic features of the system interpretation of the principles of civil law and universally recognized principles of international law. From this perspective, the author offers a systematic interpretation of the principle of reasonableness and good faith in civil law
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Description
After analyzing scientific papers on the topic of many scholars, the author focuses on the situational approach as a major factor of the organizational aspects of the investigation planning by an investigative team in cases of multi episode complex collective crimes. It has been suggested that the planning and organization of the investigation is preceded by the predictive assessment of the investigation situation, determination of the pattern of a detective’s actions and programming and simulation of the investigation process. All processes require the implementation of organizational and administrative activity of the head of the investigative team. However, the initial investigation planning for one or more crimes is reduced only to a description of the investigative situations, to the presentation of a list of investigative actions and operational searching activities without the agreed plan and appointment of the participants in such activities. Consequently, the situational approach in planning can minimize errors during investigative activities and optimize the work of the investigative team dealing with the multi episode crime particularly complex in terms of investigative and procedural actions and operational and searching activities
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SITUATIONAL APPROACH AS AN ACTIVITY OF A SUBJECT OF MEDIATION PROCEDURES IN CRIMINAL PROCEEDINGS
DescriptionThis article is devoted to the situational approach to the crime aspect of goal-setting activities of a mediator in criminal proceedings. It discusses the mechanisms of reconciliation of the parties in criminal proceedings in the framework of a mediation procedure or application of mediation procedures of the parties of the criminal proceeding under applicable criminal procedure of law. Mediation is considered in the context of situational modeling and creating a system of activities of parties to the proceedings depending on mediablity or remediability of the situation. We analyze current criminal procedural legislation in the sphere of reconciliation on criminal cases of private and private-public prosecution. We have suggested considering a new direction for tactical activities of participants in the proceedings and tactical aspects in the framework of the procedural powers to reconcile the parties, and situational modeling in the framework of its application in the mediation process. In addition, there was given legal and scientific analysis of the possible tactical aspects of the use of mediation procedures in criminal proceedings. A new direction in the tactical aspect of the activities of all participants in criminal proceedings has been presented, which is a tactic of the application of mediation procedures. The process of potential reconciliation of the parties is considered in the context of the situational approach, and the activity of neurotransmitters, through case studies, depending on the possibility of reconciliation between the victim and the suspect. We have proposed a new scientific classification of situations, depending on the possibility or impossibility of the use of mediation procedures
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FORENSIC INVESTIGATOR: HIS PROCEDURAL STATUS AND FUNCTIONS
DescriptionThe article covers the problems of procedural status and functions of a forensic investigator taking into account the provisions of p. 40 (1) art.5 of the Criminal Code, comparing with the previous position of the criminal procurators. The author suggests the wording of a new article 38(1) of the Criminal Code as a “forensic investigator” and defines his procedural status. Thus, a forensic investigator at the pre-trial proceedings should have the following powers: according to the investigator’s decision (the head of the investigation team or the head of the investigative body starting the production of a case) he could be entitled to authorize the investigative and other procedures, as well as the participation in the investigation along with the investigator, in order to ensure the proper application of scientific and technical tools and procedural recordings during the investigation, addressing experts for help and cooperation with forensic institutions, and the use of the advanced features of forensic examinations; introduction of new science and technology excellence in the detection and investigation of crime; development of scientific-methodological and practical recommendations for the detection and investigation of crimes
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INVESTIGATIVE SITUATIONS OF THE INITIAL STAGE OF INVESTIGATION OF CRIMES AGAINST FAMILY AND MINORS
DescriptionThe article describes the contents of typical investigatory situations in the initial phase of the investigation of crimes against family and minors and the investigation version is based on the situation. We have also described an algorithm of investigation of each situation
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Description
The article describes the content of an investigative inspection, a search, a seizure in the investigation of crimes against the family and minors. There were described the objects and the targets of these investigative actions in various types of crime, as well as trafficking in children