12.00.00 Law sciences
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CLASSICAL UNDERSTANDING OF JUDICIAL PRECEDENT AND RELATION TO PRECEDENT LAW IN RUSSIAN STATE
DescriptionFeatures of judicial precedent are revealed in the article and its determination in classical view is given as well. The relation to the precedent law in Russian state on different stages of its historical development: in prerevolutionary Russia, in Soviet state and post-Soviet Russia has been shown
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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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THE CONCEPT AND SYSTEM PRINCIPLES OF CIVIL LAW
DescriptionThis article focuses on the topical issues of improving the current Civil Code of the Russian Federation. This article reviews the current trends in the development of the principles of civil law, among which the tendency of universalization and unification of the law, as well as the tendency of forming a wide and active use of the principles of law as a regulator of social relations. These trends form the reflection of the historical life of law, as well as due to a purposeful search for the most appropriate and effective means of regulating social relations. The author systematically examines the basic principles of the modern civil law
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Description
The article examines the problems of civil workers’ disciplinary responsibility in pre-revolutionary Russia. The specified legal institute during that period had close interrelation with criminal responsibility institute as the legislation accurately didn’t divide disciplinary and criminal responsibility. In the pre-revolutionary period, the system of norms and rules, which was made to improve the quality of government, the level of service discipline, the authority of public service had been formed
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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
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Description
The article examines some features of realization of powers of executive authorities by hearing of cases about administrative offenses
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The article examines some features of legal regulation of examination as the measure of administrative coercion applied by law-enforcement authorities (police)
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Description
There are quite few scientific researches covering the problems of organizing and tactics of investigation in court procedure, which meet the requirements of the Procedural Criminal Law of the Russian Federation in the legal literature. The studies of the ways of sur-mounting counteraction in court hardly exist. There-fore, the authors consider the matters of counteraction in the course of investigation in court paying attention to the existing theory and practice of counteraction in the criminal court procedure. They have developed some scientific recommendations upon the measures for surmounting counteraction to investigation in court in various circumstances
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Description
In the article, the analysis of the features of the subject of legal regulation of the federal laws on ratification as legal acts of a special kind, in the light of the characteristics of essence, content and structure of social relations regulated by these laws has been presented. The interest to the selected aspect has been conditioned with the fact that the subject of legal regulation is one of the basic categories of theoretical and legal science
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PECULIARITIES OF LEGAL REGULATION OF THE EMPLOYMENT OF ATHLETES
DescriptionThis article is devoted to the study of peculiarities of legal regulation of the employment of athletes. Sport has become an important part of the vital activity of the entire human society long ago, and, problems of legal regulation of the employment of athletes attached great importance both in Russia and abroad. In addition to international acts, the Constitution of the RF and the Labour code, labour relations and other directly related to them between athletes and their employers are governed by many various acts, regulations – federal laws, regulations, treaties, agreements, statutes of sport organizations, sport regulations. Therefore in practice exist a lot of problems and may will be more in the application of labour laws and other normative legal acts on labour rights and guarantees of professional athletes and coaches. We must take into account not only all sources but also, primarily, the specificity of the scope of their regulatory relationships. The authors consider that the normative legal basis, as well as the ratio of labour and special sports legislation studied explicitly is not sufficient and require further research, that indicates the relevance of the topic. The authors not only analyzed modern legislation, researched statistics, scientific literature on the topic, but also revealed the gaps and problems in the regulation and suggested measures for the improvement and further development of the Russian labour legislation in the sphere of sport. Special attention is given to the term "sudden death of an athlete," and so, the procedure of compulsory insurance of professional athletes must be resolved. It is proposed to introduce the terms " sport season", "sports" Athlete Passport, complement and greatly extend guarantees and compensations to athletes and coaches of pay, working hours, termination of employment, labour and social protection