12.00.00 Law sciences
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CRIMINAL AND LEGAL STRUGGLE WITH TERRORISM IN MODERN CONDITIONS
DescriptionDiscussion and problem questions of criminal-legal struggle with terrorism are considered. Terrorism as a phenomenon of our society was analyzed. The assessment of criminal legislation and the bill on property and criminal responsibility of relatives of terrorists is given
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Description
The article provides an overview of the resolutions of the Plenum of the Supreme Court of the Russian Federation, reflecting different approach to qualification of multiple offenses
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CRIMINAL AND LEGAL CHARACTERISTIC OF NON-TARGETED SPENDING OF BUDGETARY FUNDS
DescriptionThe article analyses the criminal and budgetary legislation in the field of non-targeted spending of budgetary funds. Research of the official statistics provided by the General Prosecutor’s Office of the Russian Federation from 2003 to 2014 showed a decrease in the facts of nontargeted spending of budgetary funds, that, according to the authors, is a sign of high level of latency, because law enforcement and financial control authorities are facing difficulties at a stage of identification of this crime and proof of data obtained during the investigative measures. The authors of the article paid special attention to the analysis of the elements of the non-targeted spending of budgetary funds. The different points of view of the object of this crime are considered. At disclosure of objective features, the authors point to the terminological differences between the Criminal code of the Russian Federation and the Budgetary code of the Russian Federation that, undoubtedly, in practice disturb the correct qualification of the actions. By consideration the subject of non-targeted spending of budgetary funds, materials of criminal cases have been studied which allowed to reveal obvious gaps of the criminal law in this sphere. The authors formulated the proposals for improving the legislation by inclusion of the qualifying features and addition the third part of article that, certainly, has to be reflected in differentiation of criminal responsibility
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CRIMINAL LEGISLATION OF INTELLECTUAL PROPERTY GUARDING IN RUSSIA AND FOREIGN COUNTRIES
DescriptionThe article is devoted to some troubles connected with structure of the Russian legislation in sphere of criminal-legal guarding of intellectual property. Shown foreign experience of legal regulation of intellectual property relations examples, and proposing ways of improving current legislation on its grounds
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CRIMINAL PROCESS AND OPERATIONAL AND INVESTIGATIVE ACTIVITY
DescriptionThe authors of the article examine the relationship between the criminal process and investigative activity taking into consideration the requirements of the Criminal Procedure Law and the Law on Investigative Activities in the Russian Federation. Such important issues as main tasks and principles of the criminal process and investigative activity are considered in the article. The authors analyze interrelations of some investigative actions and operational search as well as the order of introduction and usage of the results of the investigative activities at the stage of criminal case initializing and in the course of investigative activities. The authors also pay attention to the data which must be submitted in the report or memorandum on the prepared or being committed crime giving grounds for criminal case initializing
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ESTABLISHING EFFECTIVE CONTRACT FOR CIVIL SERVANTS
DescriptionThe ongoing administrative reform in Russia has been carried out with the help of modern technology and human resources and it has a significant impact on the staff of the civil service - civil servants. This article presents the position of the Government of the Russian Federation, according to which the establishment of effective contract - one of the ways of development, improve the remuneration system for civil servants, public servants themselves assessment of this innovation, presented the implementation of effective regulatory framework contract is indicated by its ideology. The factor affecting the wages of civil servants is a performance indicator; the article lists its views. In different departments, employee performance is evaluated differently in the article presents an assessment of the effectiveness of them. The evaluation of the implementation of effective contract Sergei Filatov, who served as President of the socio-economic and intellectual programs and Dmitry Abzalov - President of the Center for Strategic Communications. Also there was shown the analysis of public servants’ understanding, feasibility and impact of introducing effective contract in the state structures. We have proposed measures to address misunderstandings of the reform civil servants. There are findings as well as possible scenarios after the establishment of effective contract
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Description
The author analyses the issue of the relationship between mediated agreements and settlement and their legal inter-relationship, as well as critical comments regarding the lack of imperative requirements in Federal law of the Russian Federation of 27.07.2010 N 193-F3 "On alternative procedure for settling disputes with the use of an intermediary (mediation procedure)" to the contents of the mediated settlement agreements which are subsequently endorsed by the arbitral court as settlement agreements
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FACTORS LIMITING REMEDIAL INDEPENDENCE OF INVESTIGATOR
DescriptionIn this scientific article, the author considers the main problems, concluding in following: in the course of realization of the checking and control not to leave for determined limit, ungrounded not to limit remedial independence of investigator. After all public prosecutor, chief of the subdivision inquiry, court, realizing remedial checking and control, simultaneously must work out beside investigator independence, professionalism, skills to take the faithful decisions on base of the analysis to investigation situation