12.00.00 Law sciences
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Description
In the article, we analyze the measures that the lawenforcement authorities of the Soviet Russia and the USSR undertook against the process of bringing the criminal income into the economy of the country and using it for the destabilization of the economy and supporting criminal activities. This work reveals the true essence of criminal funds and the degree of its danger to the state and society. The author suggests that the present-day crisis in the state and political order is, largely, related to the criminogenic component of the country development, i.e. the criminal revolution in Russia in the mid 90-s of the XX century. The criminality has always been a serious problem for the society, but only in some countries it reached the level when it became a threat to national security. The factor contributing to such situation is, in the first place, the lack of action on the part of the society and the state. This allows the criminality to penetrate in all social and public institutes and create the political and economic chaos. For obvious reasons, such social context results in the dissolution of the state and the formation of smaller state structures, the introduction of external control, the loss of sovereignty and the annexation of its territories by more powerful states
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Description
The article deals with the main reasons, which obstruct the ability of citizens to realize their birthright on a necessary defense in the protection of family members and minors. The article has paid attention to the importance of the criminological characteristics of the crimes, with an aim to develop measures on prevention of criminality. The author has analyzed socio – demographic characteristics of the individual, who can use the right of necessary defense for guard family members and minors, based on key descriptions (gender, age, level of education, occupation, marital status. There is a proposed change in the article 37 of the criminal code, with a new category of persons – family members and minors. The author also suggests reducing the size of the criminal responsibility, in the article 108 and 114 of the criminal code of the Russian Federation, to one year for persons who exceeded the limits of necessary defense, when they protect family members and minors
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Description
The article briefly describes the completeness of the organization of the investigation and its relevance to forensic techniques. The peculiarities of the structure of the technique of investigation of crimes against family and minors were examined
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THE ABUSE OF RIGHTS WHILE TRANSFERRING REAL ESTATE
DescriptionThe article is devoted to one of the most disputable categories of jurisprudence – to abuse by the right. The law does not allow the exercise of civil rights with the intent to harm another person, as well as abuse of rights in any form, including in the form of circumvention of the law. The author regards as the already known issues with the application of the principle of the inadmissibility of abuse of the right, so new in connection with the amendments to the Civil code of the Russian Federation. The amendments to the article on the abuse of rights were caused by the current practice. However, there remains a question about how well these novels are being implemented. This article examines the question of the application of the principle of prohibition of abuse of rights in proprietary relations. Statistics show that the judges started to apply Art. 10 ten times more often in proprietary relations. Still, this situation is inextricably intertwined with the risk of judicial discretion. The article also investigated the correlation of the subjective rights of a bona fide owner and a bona fide purchaser of real estate. Based on the conducted research the author proposes the notion of abuse of right in property relations. It is concluded that a proper understanding of the categories of "bona fide owner" and "bona fide purchaser" is the main factors in the resolution of a number of practical issues
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Description
In the article, we analyze the measures that the lawenforcement authorities of Tsarist Russia undertook against the process of bringing the criminal income into the economy of the country and using it for the extremist and terrorist activities. The fact that the amount of illegal incomes in Russia in the late XIX century and the beginning of the XX century increased massively, and these incomes were used in the social and political life in quite a peculiar way, confirms the idea that in the democratizing society undergoing a number of social reforms many political organizations recourse to searching for and forming illegal sources of financial incomes and further money laundering to support their activities. The increase in crime, especially in the economic sphere, strains social relations, instigates different organizations and movements struggling for power to receive financing from criminal sources. In their turn, the organizations and movements use the criminal incomes for the political struggle, masking it behind noble causes. Criminal associations arising against the national backdrop manipulate the political, cross-national and other kinds of contradictions, existing in international and interstate relations. With the aim of laundering the “shadow” funds and in defiance of the national interests, they use the services of foreign banks and special agencies of antagonistic countries
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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
The article examines the elements of criminalistic characteristics of crimes committed by representatives of local self-government bodies on the basis of investigative practice studies. The methods of committing crimes have been revealed. There are some recommendations and a list of circumstances related to the situation of crimes committed by representatives of local self-government bodies
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A FARM UNINCORPORATED AS A SUBJECT OF TRADING RELATIONS
DescriptionThe article touches upon the question of the legal personality of farm unincorporated as a whole and in trading relations. The author gives scientific concepts concerning the recognition / non-recognition of farm unincorporated as a subject of law. Most scientists believe that the farm unincorporated does not subjects of law. Proponents of this view consider the farm unincorporated as a multiplicity of persons, or as a kind of special partnerships. The author thinks that these points of view are questionable. The author joins the persons who think that the farm unincorporated is a special subject of law. The author understands the trading relations as a cross-industry category. Therefore, the author concludes that the farm unincorporated is the subject of the trade relationship. This is because the farm unincorporated is not a subject of civil law, but it is a subject of other branches of law (for example, land law and labor law). Therefore, a farm unincorporated can be the subject of trading relations
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SOME ELEMENTS OF CRIMINALISTIC FEATURES OF FRAUD IN INSURANCE
DescriptionThe article describes the criminalistic features of fraud in insurance. Particular attention is paid to the basic elements, such as the ways of committing fraud, the study of social and psychological portrait of a criminal, the circumstances of the crime, the mechanism of the crime and other elements. The article reveals different types of performances applied for committing fraud in insurance. Special attention is paid to the most common traces of crime in insurance. Material traces are found in a wide variety of documents: insurance contracts, insurance policies, medical records, the findings of evaluation expertise, the certificates issued by the law enforcement agencies, acts of car repair shops, acts of firefighters, etc. The article traces the material except the author gives the concept of ideal traces that remain in the minds of all victims and witnesses. The author presents a classification of fraud in insurance according to various reasons: depending on the degree of organization of the fraud and the status of persons who commit fraud. The results of the author’s research covered in this article relate to preliminary verification of the crime in insurance. The article considers different situations requiring inspection for detecting criminal activities in insurance
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ABOUT CRIMINALISTIC CLASSIFICATION OF THE CRIMES AGAINST FAMILY AND MINORS
DescriptionThe article describes the main problems of criminalistic classification of crimes against family and minors. There were investigated the characteristics of criminal law and criminal nature, which is the basis for the classification