12.00.00 Law sciences
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Description
In the article we have studied changes of law regula-tion plurality of persons in civil law. The author anal-yses positions of Conception of development of civil legislation and project of federal law № 47538-6/7 on changes in civil code of Russia to understand tenden-tious of development of institute of plurality persons in civil law
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MPROVING THE TRAINING OF STATE AND MUNICIPAL EMPLOYEES
DescriptionThe article analyzes the stages of formation of Institute of state and municipal service in the Russian state. The analysis of the problems has identified in the process of implementation of this institution and the direct correlation of the level of professional training of employees and quality of the implementing service. We consequently suggest ways to improve the training of state and municipal employees
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MODERN MIGRATION POLICY OF RUSSIA
DescriptionSeveral peculiarities of the implementation of migration policy in the Russian Federation were considered in this article. We have shown main provisions on refugees and forced migrants from the Ukraine and labor migration. On the basis of the study we have suggested an improvement of migration legislation, in particular, creation of a single codex and migration police
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MODERN SYSTEM OF RUSSIAN CIVIL LAW SOURCES
DescriptionThe modern system of civil law sources based on the methodological understanding of the source (form) of civil law in the frames of formal judicial approach to the indicated problem was offered in the article. The controversial question on acceptance of legal practice as a non-standard source of civil law is considered.
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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
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MODERN CONDITION AND PROBLEMS OF THE JUDICIAL INVESTIGATION IN A COURT OF FIRST-INSTANCE
DescriptionIn this scientific article, the author examines the issues related to the current state and problems of the judicial inquiry at the first instance court. Arguments and the refined concept of criminalistically provided judicial investigation are given, as well as typical legal situations and judicial versions and the algorithm of actions of a judge, a state Prosecutor and defense counsel which were developed on their basis
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THE CONTENT OF A PLEDGED LEGAL RELATIONSHIP
DescriptionThe article discusses the questions related to use of and disposing of a pledged subject by participants of a legal relationship, between depositors and pawnbrokers, in particular, new regulations about depositor’s rights who is a holder of the pledge subject
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CONTENTS OF THE MAIN ELEMENTS OF THE CRIMINALISTIC CHARACTERISTIC OF FRAUD
DescriptionThe article “Contents of the main elements of the criminalistic characteristic of fraud” written by the group of authors is of great importance today as the new points of the Federal Act №207 of the Criminal Code of Russia which provide for the criminal proceedings for fraud in lending; while getting payments; while using bank cards; in business sphere; in the sphere of insurance, introduced on November 29, 2012, still need to be developed and lack the methods of the investigation of such crimes. Consequently, the methods of preparation, committing and concealing of a crime, track formation mechanism are not determined and analyzed upon the materials of the forensic and investigative activities. The authors of the article have attempted to study the cases of the mentioned crime types and determine the ways of preparation, committing and concealing of a crime and track formation mechanism of the above-mentioned types of crime
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THE CONTENTS OF BUILDING LEASEHOLD
DescriptionThe article is devoted to one of the most disputable categories of jurisprudence – to the contents of Building leasehold. In the article there has been presented the research of the legal nature of the institution of building leasehold (superficies). There have been traced the particulars of formation of the Roman legal (classical) model of building leasehold and the interpretation of this institution in foreign civil legislation. It has been noted that certain countries apply the classical Roman model of building leasehold while others use the model of "the shared property" of the land plot and of the piece of the estate built on this plot. There was conducted the analysis of the German model inheritance law of building leasehold on the basis of which there was made the conclusion about its independent nature and uniqueness. The historical and the comparative legal methods of the research have enabled to identify the essential differences of the employed models of building leasehold and the specific features of their application in the countries of roman-germanic law and in the Commonwealth of Independent States. There have been studied the approaches of the domestic civilized doctrine in terms of building leasehold and the specific features of its implementation in the draft version of the Civil Code of the Russian Federation. There has been affirmed that the draft version of the Civil Code of the Russian Federation admits the existence of the two models of the building leasehold: the design one and the classical one. There has been applied critical approach to the analysis of the design model of building leasehold in comparison with its Roman and Germanic legal constructions; there have been presented recommendations for its improvement. It is proposed to abandon the temporary ownership of the premises in the building constructed based on the Treaty on the law of the land. We proposed to replace it with a specific property right – "right of superficies". Its essence consists in the right of possession and use of facilities of a building constructed in accordance with the Treaty on the law of the land
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Description
The reduction of the period of incarceration and early release from the convict labor gangs of civil authorities were a common practice for these places of detention, provided by a number of legal acts: the decree of 1834 "On determining the period of stay the vagrants in convict labor gangs of civil authorities in Novorossiysk region", 22 October 1836: "On the age of criminals, awarded, instead of referring to the settlement, to return in the military service", the regulation on 15 August 1845 “On the correctional convict labor gangs of civil authorities, decrees April 17, 1863 "On some changes in the present system of criminal and correction penalties", October 19, 1863"On temporary measures to cleanse of convict labor gangs of civil authorities from the accumulated therein prisoners, "13 May 1866 "On the reduction of the time of detention of arrestees in convict labor gang of civil authorities". Also it was continued the refinement of operating regulations for reduction of the period of incarceration in 1880. So, MPM in January 11 sent to the governor an explanation №302 "On the procedure of reduction of the time of detention for arrestees of correctional departments." It contained a clarification and explanation of the application of the provisions of the May 13, 1866.In May 15, 1880 to Tauride governor was sent another circular "On abolition of deportation to Siberia without the content in correctional departmentsof certain categories of prisoners." The main condition in most cases peaked good behavior and hard work of the prisoner. The decision was made by the head of the department and submitted to the trustees committees for final decision. The reduction of the prison term used as an exceptional measure to reduce the contingent of places of detention