12.00.00 Law sciences
-
THE PLACE AND THE ROLE OF TRADE UNIONS IN THE LIFE OF THE CONTEMPORARY RUSSIAN SOCIETY
DescriptionThis article deals with the legal status of trade unions in contemporary society, it reveals the basic functions of trade unions. It is shown, that the existing labor legislation and legislation on trade unions is contradictory, difficult to use, and it can be stated that it does not meet current realities. The work of the trade union organization directly depends on how the evolving state. Any social changes pose new challenges for trade unions, sometimes require radical change of priorities, forced again and again looking for new forms and methods of solving problems, so today there is very important to assess the role of trade unions in modern Russia, their values, and legal status. In addition, in this regard, the authors justify the need for further improving of labor legislation and legislation on trade unions, especially regarding the definition and specification of the tasks and functions of trade unions. The authors propose to clarify the definition of "trade union", to consolidate the open list types of trade union organizations and to define their functions. In order to strengthen the role of trade unions, we should require employers not only take into account the reasoned opinion of the trade unions when making decisions, but accept local acts only with the prior permission of trade unions, as well as to establish administrative responsibility in the case of failure
-
FUNCTIONING OF KAZYONNAYA PALATA IN THE TAURIAN DISTRICT IN 1784-1796
DescriptionThe article is devoted to the Kazyonnaya palata of the Taurian district and its specifics of structure and functioning. The brief characteristic of its structure and place in the state machinery is given. Alongside, the features of interactions between palata itself and other key public authorities are noted. The archive data is used to illustrate the place of Kazyonnaya palata among the other authorities. The article also pays a significant attention to the Russian Empire Kazyonnaya palatas structure specifics depending on the region operated. It is stated, that that departments of the Kazyonnaya palata bore the names “expeditions”, with their number and composition depending on the particular conditions of the specific region of the state. Basing on the comparison of the several regions palatas compositions and their number of expeditions, the specific expeditions depending on the region's characteristics are distinguished. In Taurian district, the specific needs of the region were covered by the wine, salt and customs expeditions. This article continues with the functioning peculiarities of the expeditions mentioned, which are supported by the real examples of their operation found in the archive illustrations. In conclusion, the key features of the Kazyonnaya palata of the Taurian district are described, and the brief characteristics of the specific expeditions are given
-
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
-
Description
The article deals with the problems related to the modern concept, content, classification and criminalistic supporting of an investigation and operational group. 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 modern concept, content, classification and criminalistic supporting of an investigation and operational group. Thus, criminalistic supporting of detecting, exposure and investigation of crimes by an investigation and operational group is a system of integrated application of legal and criminalistic knowledge aimed to provide the usage of the most meaningful and practical approaches and techniques, means of specific knowledge, organizational and administrative as well as strategic and procedural recommendations. This system ensures the best arrangements for the establishment of truth with regard to a criminal case by carrying out a set of investigation activities, operational and search activities and organizational measures within the norms determined by the Criminal Code of the Russian Federation and the regulations of law-enforcement authorities
-
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
-
Description
In the article, we have performed an analysis of respect for the principle of immunity of the right of a private property in case of the address of a claim to property. Restrictions of the principle of immunity are shown concerning both property objects, and concerning competences of the owner that in case of proper approach from the legislator is not violation of the rights and interests of the person. The unique premises can act as a subject of the address of collection of debts of the testator. It is established that the size of the money which isn't subject to collection shall be determined living at least by the territorial subject of the Russian Federation, and also funds for expenses for acquisition of necessary medicines and the equipment shall be in addition guaranteed. Shortcomings and contradictions in case of regulation of the bases of the address of collection on separate types of property are revealed, suggestions for improvement of these provisions are made
-
Description
In this scientific article, the author deals with the application of specialized knowledge are competent persons (experts, specialists, forensic specialists) in modern law enforcement in various forms: procedural and non-procedural. The development of various information technology, hardware and collecting evidentiary information devices, as well as their application in day-to-day activities of bodies of inquiry (investigation) and operational units are by far enough effective activity. In this connection, there was a need for amending and supplementing the existing legislation the Russian Interior Ministry, some ordering process handling documents in the preliminary investigation as a whole. The author indicates the responsibilities of forensic units of internal affairs bodies as in the conduct of investigative actions and operational-search activity. At the end of the article, the author proposes an electronic form of the certificate of the expert forensic investigation in which are reflected issues of application of technical means in the course of the investigation, the rights and duties, as well as the responsibility of the forensic specialists, which provides a modern criminal procedure and criminal legislation of the Russian Federation, however, it has not so far reflected in existing regulations Ministry of Internal Affairs of Russia
-
DEVELOPING OF INVESTIGATION PROCEDURES AT THE INITIAL STAGE OF THE INVESTIGATION OF EXTORTION
DescriptionThe article deals with the complex and important problem related to the investigation of extortion. From a legal point of view, extortion is the demand of a transfer of someone’s property, rights to the property or some other actions connected with the property, which is accompanied by various threats of violence, destruction of property or spreading of information defaming the victim or his relatives. Extortion refers to latent crimes. Investigation of extortion is complicated because of the high level of professionalism and thorough preparation of the accused. The number of criminal groups using extortion as the main source of their income is increasing. To select the best way of obtaining information concerning past events, an investigator develops crime investigation procedure. The article analyzes the concepts of "investigation procedure" and "programming", the stages of the criminalistic routine development are pointed out. Dealing with extortion classification of preliminary investigation procedures is an important condition for their development, which allows to distinguish homogeneous groups and to develop criminalistic routine. Based on the typical investigative situations at the initial stage of investigation of extortion we have proposed some investigation procedures. The set of all procedural actions and recommendations that need to be implemented in the course of the investigation, forms investigation program
-
Description
Relevance of the chosen topic is caused by existence of disputable issues in the practice of application of norms regulating institute of necessary defense in the Russian criminal legislation. In the present article the analysis of the current state of this institute of criminal law and a brief overview of the judicial practice of its application is made. Process of formation and development of institute of necessary defense in ancient foreign and Russian sources of law and sacred books is considered. The questions of limits of legitimacy of necessary defense and consequences of their excess are raised. The authors of the article have paid special attention to the analysis of conditions of legitimacy of necessary defense. Such conditions are traditionally divided into three groups: the conditions relating to protection; the conditions relating to encroachment; the conditions relating to the harm. The different points of view concerning improvement of system of conditions of legitimacy of necessary defense are considered. The authors give examples from modern court practice which allowed revealing obvious gaps of the criminal law in this sphere. They also formulated the proposals for improving the legislation. The authors consider important extension of the list of factors, which, together with the unexpectedness of encroachment, can be the basis for recognition of actions of the defending person legitimate
-
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