12.00.00 Law sciences
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Description
In the article we have studied the history of formation and development of concepts of share in the point of property rights; we have also compared civil institu-tions of common property, plurality of persons in the obligations, joint authorship, and joint ownership of property rights. The author proves the need for a new legal institution of common possession of property rights
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Description
Taking into account the integrated approach, we have set out some theoretical and practical issues of preparation and conduct of the interrogation of the suspect on the cases of murder of a newborn child by mother; the article also shows a system tactics of interrogation of a suspect in a conflict situation
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QUESTIONING WITNESSES IN CASES OF CRIMES AGAINST FAMILY AND MINORS
DescriptionThe article describes some main scientific and practical recommendations of the group methodology of the investigation by questioning witnesses in cases of crimes against family and minors
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FORMATION OF THE BASIS OF THE THEORY OF CRIMINALISTIC IDENTIFICATION IN DO-MESTIC FORENSICS
DescriptionThis article focuses on the scientific issues related to the formation of the basis of theory of forensic identi-fication in national forensics
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TO THE OBJECT AND SUBJECT OF CRIMI-NALISTICS
DescriptionIn this scientific article the author analyzes the opinions of various scholars-criminalists, and the subject of criminalistics. The author of the article came to the conclusion that you need to save the theoretical definition of the object and the subject of criminalistics, proposed by R.S. Belkin. However, the author offers his opinion about necessity of carrying out of scientifically-practical conference with the international participation, devoted to the problem investigated in the article, and also offers the main directions for development of the science of criminology
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TESTAMENT IN EXTRAORDINARY CIRCUMSTANCES: THEORY AND PRACTICE
DescriptionThe article explains the relevance of testaments, committed in extraordinary circumstances. The authors note, that the form of such testaments is considerably simpler. Nevertheless, it is compensated by necessity of further confirmation of fact that testament was committed in extraordinary circumstances by court. The conditions of validity of such testaments exposed to a detailed analysis in the article. The authors emphasize that for the recognition of circumstances as extraordinary, such circumstances should be unusual, exceptional, and create immediate threat of life, not threat to health of a citizen. The article contains the analysis of court decisions, which counter to these provisions. The study notes that the legislation does not allow for opportunity to commit testament in the extraordinary circumstances using the technical equipment. It is a gap in the legislation, considering the current conditions. The authors describe international experience of drawing up testaments verbally and came to the conclusion that such form is not acceptable in the Russian legislation. The article also notes the need for a more precise definition of “extraordinary circumstances” applied to inheritance relations. By the authors’ viewpoint, serious illness of the testator can’t be classified as extraordinary circumstance. The study is not only based on analysis of theoretical works of scientists, also on law enforcement practices. The authors of the article identified actual problems of current legislation and came to the conclusion of the necessity to improve the modern civil law
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Description
The article shows that in the late XIX - early XX century in Russia it was really bad crime situation. Therefore, on March 12, 1908 due to the orders of the Director of the Police Department, M.I. Trusevich it was formed "Department of Criminal Detective parts", so 8th paperwork Department, tasked with the general supervision over the activities of the detective department of the Empire. June 20, 1908 in the State Duma they discussed the draft law "To the organization of the detective department". July 6, 1908, approved by the State Council and the State duma, the law "To the organization of the detective department" was approved by the Highest Emperor Nicholas II. In accordance with the law there were approved the authorities of the criminal investigation in the largest cities of Russia. The article states that the total number of police detective was brought to 96 units. Analyzing the law in question, it should point to a number of shortcomings associated with its material component. Firstly, this is a minor detective department states even for the 1st category, which significantly reduces the impact of operational and investigative activities, in addition, the absence of the detective department states in the 3rd and 4th digits as an assistant chief of the Detective Department gave problems in cases vacation, business trip or illness head. But in the article there are different and positive aspects of the law. With the adoption of the law it became possible the creation of the All-Russian secret police system
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LEGALITY OF THE PRELIMINARY INVESTIGATION AGENCIES REGULATIONS
DescriptionThe legal entities of the preliminary investigation agencies that are authorized to make decisions and draw regulations at this stage are an investigator, a detective, the Head of the investigative division, the supervisor of the investigative body, a prosecutor. The requirement for the legality of the regulations issued by the above-mentioned legal entities develops with the initiation of the criminal case. Such requirement is applied to the decisions made by an investigator or a detective under the common rule
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PLEDGE AND MORTGAGE UNDER THE INDIAN LAW
DescriptionThe article discusses the concept of species, the essential terms and the grounds of the pledge in Indian law, and especially the pledge agreement in the legal practice of India
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LAND AND REGISTRY RELATIONS IN THE PERIOD OF THE RUSSIAN EMPIRE (1721 –1825)
DescriptionEvery stage of development of society is accompanied by the development of a state. Land has an inseparable connection with the development of a society as far as it is a basis of relations on possession, use and arrangement with it. Taking the analysis of considering period we see what kind of development was obtained by the land use. As well as we see the importance of these arrangements, firmly passing through centuries. For the describing period of the state moved from state property to the possibility of allotment reception in private hands. Concerning to land management, imitating the west experience and its own observations led it to a new level. It is important to notice that the high cost of living and the complexity of calculation and assessment of lands were always like that and we meet with them nowadays. The large reluctance of people to manage lands and pay taxes for that stands out beyond the state. Historically the origin of land cadastre is characterized under the objective necessity in obtaining of land data, as far as land is a source of getting material goods and the object of taxation. There was presented the transition of land use from simple account of lands to the qualitative land account and main replacement to land management of the territory. The jerk in the development of land-cadastre relations in the period of the Russian Empire is considered clearly