12.00.00 Law sciences
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Description
The article covers the following problems: delineation, prevention, suppression and detection of crimes as well as the detection and identification of the criminals who prepare, organize and commit crimes; search of fugitive suspects and people who holeup and abscond and dodge the responsibility as well as search of missing people; obtaining information about the events and activity (negligence) causing national, military, economical and environmental security threat of the Russian Federation; determination of the forfeitable property. The author suggests some solutions for the mentioned problems.
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CREDIBILITY OF TESTIMONY ESTIMATE
DescriptionThe estimation and check of reliability of indications of the victim is possible only under condition of a recognition of the last admissible and attribute proofs. Therefore inadmissible or not attribute indications of the victim are simultaneously doubtful proofs. Value of indications of the victim is caused by what the data directly concerning materials of criminal case contain. The given circumstance should force authorities of criminal legal proceedings to concern check and an estimation of the received information more attentively and critical, therefore the circumstances excluding responsibility accused, or, on the contrary, guilt in fulfillment of a crime can be established
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PARTICULARITY OF THE ESTIMATION OF EXPERT'S STATEMENT
DescriptionIn accordance with the Article 17 of the Criminal Code of the Russian Federation, expert evidence is not of the predetermined force for a detective, an investigator, a prosecutor, a judge and a jury. However, historically it is actually estimated as specific evidence different from the other. As early as before the revolution in Russia a court expert was considered to be a scientific judge. An expert is a judge of the facts whose evidence on the case is not actually estimated along with the other types of evidence
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JUDICIAL PROTECTION'S QUESTIONS OF SERVITUDE RIGHTS
DescriptionThe question discussing in the article is the pre-trial adjustment of disputes arising out of servitude relations and how to protect servitude rights in the court
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MAIN TANDENCY OF THE MODERN SYSTEM OF THE RUSSIAN CIVIL LAW AUTHORITIES DEVELOPMENT
DescriptionThis article discusses the basic tendencies of development of the civil law authorities under the influence of globalization and integration processes
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CHARACTERISTIC FEATURES OF THE MEMBERS OF ORGANIZED CRIMINAL GROUPS SPECIALIZING IN EXTORTION
DescriptionThe author of the article describes the characteristic features of the members of organized criminal groups, realizing providing functions, which are in many respects defined by character of their actions and an orientation of activity of formations. For example, those who are in charge of extortion implementation are characterized as highly qualified professionals in economics, banking and any other similar area. Their talents, knowledge, skills and ability to conceal the criminal activities should be considered by the law enforcement agencies when predicting crime as well as when developing investigation plan
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LEGAL PRACTICE AS A SOURCE OF CIVIL LAW
DescriptionThe article deals with the analysis of the role and place of court practice in the system of civil-law sources. The author introduces a debatable matter of the possibility to acknowledge the Russian law as case law; analyses significance of the judicial practice in the system of sources of the Russian law; outlines positions of experts on this matter and draws her own conclusions. The article provides a review of opinions of Russian law academics' and practitioners' on the topic of acknowledgement of judicial practice as a source of Russian law. The author debates and further concludes that assigning courts with the law-making function would benefit the efficiency of current legislation refinement. The author draws a conclusion that in the continental legal family court practice, which earlier wasn't considered a civil-law source, started gradually to turn into a secondary after civil legislation law source. The reason for it is because of more complicated social relations civil legislation failed to cope efficiently with the detailed legal regulation which is needed in property relations reglamentation. The author reveals the difference between the notions of "court practice" and "judicial precedent" and concludes that vesting courts with law making power can facilitate the improvement of the legislation in force, as well as the development of the civil law regulation. The final conclusion is that the litigation irrespective of the form of expression cannot be the independent source of law
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THE NEW LEGAL FORM OF THE ENTITY – PUBLIC COMPANY
DescriptionThe article considers the concept of juridical person of public law in connection with new Civil Code. On the basis of features of juridical person of public law worked out up to today the author analyses the approaches to consolidation of this category in legislation
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CRIMINALISTIC CLASSIFICATION OF MUR-DERS, COMMITTED AS HIRED KILLING
DescriptionIn the scientific article, the author came to a certain conclusion by considering various opinions of scientists relating to the present range of problems, and he has quoted a classification of murders, committed as hired killing: contract murders based on commercial conflicts in the sphere of business; hired murders committed on the base of criminal conflicts; hired murders committed in the sphere of industrial and employment activity
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