12.00.00 Law sciences
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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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Description
The article reveals the peculiarities of the use by the subjects of special knowledge (inquirer, investigator, inquiry body) of their powers in determining the amount of property damage caused by the crime. The authors compare the possibilities of criminal and procedural actions in assessing this type of damage.
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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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METHODS FOR FIGHTING CORRUPTION IN RUSSIA
DescriptionThe article is devoted to such problem in modern Russia as corruption. The authors emphasize the degree of corruption of public authorities. It also provides public opinion polls and statistics, through which it is possible to carry out parallel comparison with previous years, as well as find out the causes and ways of combating corruption. According to the authors, fighting corruption comprehensively is urgent, using a package of measures. However, the most urgent measure seems tougher sanction measures for corruption crimes. Yet, the authors conclude that the fight against corruption is a very complex phenomenon
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DIFFERETIATION OF ADMINISTRATIVE OFFENSES AND CRIMES
DescriptionThe article considers the issue of correlation of criminal and administrative responsibility. There are various points on the vision of this problem. The main legal gaps that prevent the delineation of an administrative offense and a crime are revealed
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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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ABOUT PUBLIC SERVICE SYSTEM OF THE RUSSIAN FEDERATION
DescriptionThe article describes the main directions of the civil service reform in the Russian Federation. An analysis is made of the causes and consequences of changes introduced to the legislation at the present stage of development of Russian society