12.00.00 Law sciences
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Description
In modern Russia, there were not created key institutions of political and social development needed to involve young citizens in political and legal life, and very serious criticism is "the effectiveness of judicial reform" and the results of combating systemic corruption, without which it is difficult to count on the impact of the decrease in the level of political and legal nihilism among young people. The review of related problems and approaches to their solution are addressed in this article
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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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COERCIVE MEASURES OF EDUCATIONAL INFLUENCE: PROBLEMS AND SOLUTIONS
DescriptionAt the present stage, the juvenile legislation of the Russian Federation is going through a period of formation and determination of dominant purpose. The need for the regulation of emerging gaps and inaccuracies was reflected in the overall situation of juvenile delinquency in Russia. By eliminating errors and defects, we solve questions about the future of young and irresponsible people who have made a mistake and need proper correction and education
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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 article deals with the use of methods of operativeinvestigative activities in cases of bribery, inadmissibility of provocation by certain employees of operational units of law enforcement bodies against persons being developed in operational accounting cases. At the same time, the main attention is paid to strict observance of the criminal procedural legislation in the fight against this type of criminal activity; some problems associated with imperfection of the regulatory legal regulation in the course of operative investigation activities in the investigation of corruption crimes are investigated. The circle of subjects of provocative actions at stages before excitation of criminal case and carrying out of preliminary investigation is defined. The reasons and problems of revealing provocative actions are considered at carrying out of operatively-search actions on affairs about bribery. The spectrum of possible operative-search measures, which can be conducted with the purpose of revealing and fixing the facts of bribery, is analyzed. An assessment is made of the possibility of using the results of such an operational-search activity as an operational introduction in establishing the facts of bribery. An analysis of the judgments of the European Court of Human Rights on cases of provocative actions during the conduct of operational-search activities at various stages of criminal proceedings in criminal cases on bribery
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Description
This scientific article covers the relevant aspects of an investigator – criminalist of Investigatory Committee of the Russian Federation, both procedural and organizationally – tactical and managerial direction in the field of criminal justice. The author of the scientific article analyzes the norms of the Criminal procedure codex of the Russian Federation, departmental normative legal acts of the General Prosecutor and the Investigative Committee of the Russian Federation and expresses his own judgment; offers measures on improvement of position of some norms of the Criminal procedure codex of the Russian Federation on the studied issues
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Description
The article analyzes the legislative definition of the term of "official of the body of inquiry" (introduced in the paragraph 6 of part 1. article 40.2 of the code of Criminal Procedure of the Russian Federation the Federal law from 30.12.2015 year); it substantiates the definition and demarcation of the procedural powers of the relevant officials involved in the instruction execution process of the head of the inquiry body
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Description
Currently, with the support of the Krasnodar region administration, the task of returning the Cossack way of life in the territory of Kuban is being solved. In these conditions, features of honor, dignity and business reputation of Cossacks of the Kuban Cossack army as objects of the civil protection legal relationship on their judicial protection from defamation, considered in the article, become very relevant. It is suggested in defamatory litigation to leave the stereotyped, based on the same for all understanding of these immaterial benefits, to take into account their characteristics for the different groups of population, including Cossacks of the Kuban Cossack army
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CRIMINAL RESPONSIBILITY OF PERSONS WHO HAVE COMMITTED CRIMES IN THE STATE OF INTOXICATION
DescriptionThe article analyses the criminal legislation in the application of such circumstance aggravating punishment as crime in a state of intoxication. Different points of view on a concept of state of intoxication and its value for qualification of crimes and criminal liability are considered. It is emphasized that now the legislator establishes the rule according to which the person who commits a crime in a state of intoxication caused by alcohol, drugs, psychotropic substances or their analogs, new potentially dangerous psychoactive substances or other intoxicating substances is held to criminal liability on general basis. In the article, we describe foreign criminal laws concerning rules of sentencing a person who committed a crime in state of intoxication. The authors paid special attention to consideration of court practice of application of this circumstance aggravating punishment. The authors illustrate the lack of uniformity in approach of judicial authorities to application of this circumstance. The authors formulated the proposals for improving the existing criminal legislation. In addition, the authors point to the need for the Resolution of the Plenum of the Supreme Court of the Russian Federation, which would explain in detail the accounting rules of state of intoxication at criminal sentencing
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Description
The author of the article analyzes the opinions of criminal scientists in the legal literature regarding technical and criminalistic support for the detection and investigation of crimes. The content of the given scientific article allows us to rethink the current state of the use of technical and criminalistic and other means in criminal proceedings. The author's revised definition of the concept of technical means used to collect, verify (study) and evaluate evidence in criminal proceedings is proposed