12.00.00 Law sciences
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LEGAL BASES OF INSTITUTE OF PUBLIC SERVICE
DescriptionIn this article some features of legal regulation of the institute of public service are considered. The analysis of the norms of the service rights establishing the special administrative legal status of public servants is carried out. The author investigated the considerable list of the pre-revolutionary, soviet and modern legal literature devoted to topical issues of institute of public service. The main concept of this article is that the institute of public service is considered by us from a systemic position. For example, the content of the concept of "state position" from the point of view of both standard the contents, and opinions of representatives of the scientific doctrine is revealed. The author's definition of the legal category "state position" is offered. Besides, various concepts of understanding of the concept "public service" are presented in article. Thus the author paid attention to the fact that earlier in the domestic legislation there was no common opinion and standard establishment of the legal category of "public service". The main signs of the state position by the legislation of the Russian Empire are given in article. It is noted that in pre-revolutionary Russia legislators had identified the concepts of "public servant" and "official". This approach, according to the author, wasn't the advantage of the pre-revolutionary legislation, testifying to the low level of legislative equipment
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Description
As a part of the investigation carried out in the course of the investigation of crimes, a confrontation is very important. This article reveals the essence of the scientific production of the confrontation, the object and purpose of which is to establish the truth in the case. The investigator, in accordance with the Article 192 of the Code of Criminal Procedure of the Russian Federation has the right to decide on proceeding a confrontation, in cases when previously there were significant differences. In conducting confrontation, there are confirmed correct versions and the versions denied by others, it turns out the real facts of the case and eliminates significant contradictions in the testimony of previously interrogated persons. By making the decision to produce a confrontation, the investigator must be confident in the ability of the participant, who gave truthful testimony, to withstand the psychological pressure. This party should be prepared to create his "immunity" against future attempts to influence the other party to persuade to change readings, etc. Before the production of a confrontation, the investigator must draw up a plan in which the questions are formulated. Then prioritize questioning of participants of confrontation and identify tactics that can be applied in the course of its production. The investigator prepares a space for the production of confrontation, and audio, photo and video equipment. Different violations, errors during the confrontation, have the ultimate impact on the overall result of the preliminary investigation of a specific criminal case. In this regard, clarification of the nature of the confrontation has not only theoretical but also practical importance
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TACTICS OF SEARCH AND SEIZURE IN CASES OF ILLEGAL CREDIT OBTAINING
DescriptionAs a result of timely carrying out of a search and sei-zure, law enforcement officers have an opportunity of analysis of the major sources of proofs in the given category of documents. At the same time, there are cases when field investigators and inspectors face va-riety of massive problems during search or seizure. The given article is devoted these and other problems
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Description
In this scientific article, the authors examine the problematic questions of the essence and nature, as well as the types of errors in investigations made at the pre-trial criminal proceedings. They analyze the most significant scientific works devoted to the criminalist situations written by such authors as A.N. Kolesnichenko, V.K. Gavlo, E.G. Yablokova, I.E. Volchetskaya, R.S. Belkina, I.F. Gerasimov, V.A. Obraztsov and others. On the basis of different scientific views and forensic practices the authors determine the classification of errors in investigations, conduct typing errors in investigations, and give the typing of investigatory situations
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ESSENCE, MEANING AND SUBJECTS OF REPRESENTATION OF EVIDENCES ON CRIMINAL CASES
DescriptionThe author makes the substantiated conclusion on representation of evidences as one of the ways of evidences, which are in voluntary actions of subjects, possessing with significant information for criminal case. The author notes that in addition with state prosecutor, defender and other concerned participants of criminal legal procedure, any citizens, officials, enterprises, institutions and organizations can submit any written documents and subjects for their union to the case as evidences.
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Description
The authors of the article analyze the nature and significance of the search activities of the units engaged in operational investigative activities. They consider operational investigative activities as a complex system of operational investigative actions including their different types according to their subject and goals, the problems solved and functional peculiarities as well as the observing (limiting) the rights and freedom of the participants of the activities. Depending on the specific tasks an important part of the system of search operations comprise those which provide detection, prevention and investigation of crimes, detection of wanted persons and objects of criminal assault, as well as operational support of state coercion, appointed by court order . In the theory of operational and investigative activities, they are referred to as "reconnaissance actions", and they reveal the essence of this type in general and search activity (operational research) in particular. Thus, the authors share the view expressed in the literature, according to which the system of reconnaissance and search operations carried out mainly behind the scenes and using a particular service, means, methods and forms, is the essence of operational and investigative activities
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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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STRUCTURE OF PROPAGANDA MACHINE ANTI-BOLSHEVIK MOVEMENT IN SOUTHERN RUSSIA IN 1919
DescriptionThe article is devoted to the study of the structure of the apparatus of propaganda of the Volunteer army and Armed forces of South Russia under the command of General M. V. Alekseev, as well as the changes implemented in this structure by generals A. I. Denikin and P. N. Wrangell. We have highlighted the high importance of an effective propaganda mechanism during the civil war and iIndicated the reasons why the propaganda machine on the "White South" lost the efficiency of similar structures of the Bolsheviks. We considered such reasons as the absence in the Volunteer army powerful single ideology, as the basis for further indoctrination, the Bolsheviks significant advantage in material and technical equipment and production capacity, and advantage in time, as the propaganda machine of the Bolsheviks began to form several years before the outbreak of the civil war. The article reveals the formation process of the news propaganda of the Department of diplomatic division and its subsequent reformation in the Publicity Agency (Oswag) of the Chairman of a Special meeting. We have also touched upon the dissolution of Osweg at P. N. Wrangel and the establishment of a number of departments executing its functions. It is concluded, that the changes in the structure of the propaganda of anti-Bolshevik movement in South Russia, were excessively complicated and mostly formal in nature, they did not solve existing problems, but only created new ones. It is noted, that the main task of all transformations in the apparatus of propaganda, i.e. to overcome the significant advantages of the propagandists of Bolshevism, was not achieved as a result of the considered structural reforms
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STRUCTURE OF PROPAGANDA MACHINE ANTI-BOLSHEVIK MOVEMENT IN SOUTHERN RUSSIA IN 1919
DescriptionThe article is devoted to the study of the structure of the apparatus of propaganda of the Volunteer army and Armed forces of South Russia under the command of General M. V. Alekseev, as well as the changes implemented in this structure by generals A. I. Denikin and P. N. Wrangell. We have highlighted the high importance of an effective propaganda mechanism during the civil war and iIndicated the reasons why the propaganda machine on the "White South" lost the efficiency of similar structures of the Bolsheviks. We considered such reasons as the absence in the Volunteer army powerful single ideology, as the basis for further indoctrination, the Bolsheviks significant advantage in material and technical equipment and production capacity, and advantage in time, as the propaganda machine of the Bolsheviks began to form several years before the outbreak of the civil war. The article reveals the formation process of the news propaganda of the Department of diplomatic division and its subsequent reformation in the Publicity Agency (Oswag) of the Chairman of a Special meeting. We have also touched upon the dissolution of Osweg at P. N. Wrangel and the establishment of a number of departments executing its functions. It is concluded, that the changes in the structure of the propaganda of anti-Bolshevik movement in South Russia, were excessively complicated and mostly formal in nature, they did not solve existing problems, but only created new ones. It is noted, that the main task of all transformations in the apparatus of propaganda, i.e. to overcome the significant advantages of the propagandists of Bolshevism, was not achieved as a result of the considered structural reforms
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INSURANCE PROPERTY LIABILITY OF MEMBERS OF SELF-REGULATORY ORGANIZATIONS: THEORY AND PRACTICE
DescriptionThe article subjected to a detailed analysis of the norms of a number of Federal laws, fixing the liability insurance for members of self-regulatory organizations. The author shows the benefits of liability insurance of members of self-regulatory organizations in comparison with another way to ensure property accountability is the compensation Fund of the self-regulatory organizations. It turns out the legal nature of the contract of insurance property liability of the members of self-regulatory organizations, types of property risks in the insurance contract that applies to the members of self-regulatory organizations. It is noted that the issue of liability under contracts of members of self-regulatory organizations in the Federal law "On self-regulating organizations" not resolved, fixed only need to create a personal and (or) collective insurance. In practice, insurance agents offer to insure the contractual liability as liability for injury that, according to the author’s opinion, is not complying with the law, including the standards of article 931 of the Civil Code of the Russian Federation. The issue of the conclusion of the construction contract of property insurance liability of members of self-regulatory organizations is also discussed by the author, as well as the necessity of the using in such a situation the rules of the Law "On insurance" about the contract of financial risks insurance. The necessity of changes and amendments of the current legislation of the Russian Federation on insurance property liability of members of self-regulatory organizations is proved by the author