Bulletin 1-2015

Вестник № 1-2015 (Download)

№ 1 / 2015

Fedorchenko E. V. About the Name of Judicial Decisions in the Russian Remedial Legislation

Fedorchenko Elena Vyacheslavovna — the teacher of the General Education and Legal Disciplines Chair, the post-graduate of the Theory and History of State and Law Chair of the Russian Law Academy of the Ministry of Justice of the Russian Federation (Moscow), fedelena.fa@mail.ru

This article touches upon the problem of the lack of common terminology to refer to all judicial acts passed by the courts of first instance. The work discusses the generic and specific names of acts of court in procedural codes.

Legal culture; legal technique; judicial act; classification of judicial acts

Drobyshev M. G. Insurance Interest in Intellectual Property Insurance

Drobyshev Maxim Gennadievich — the post-graduate of the Civil Law Chair of the Russian Law Academy of the Ministry of Justice of the Russian Federation (Moscow), drobyshev.mg@mail.ru

This article is dedicated to clarify the definition of insurance interest. In this article various approaches to the definition of insurance interest are being considered, as well as key features of this institute in the area of new and developing insurance techniques, and legal changes are being suggested.

Insurance interest; insurance risk; object of insurance; subject of insurance; intellectual property

Saprykin K. N. Basements of Representation of the Rights and Interests of the Child under the Family Legislation of Russian Federation

Saprykin Kirim Nikolaevich — the chief expert of the Legal Department of Inter RAO — Engineering LLC (Moscow), nksmgs@mail.ru

In the article studies basements of representation of the rights and interests of the child under the family legislation. Author accepted life circumstances which lead and confirm authorities to representation of the rights and interests of the child as the basements of representation: child’s birth, kinship, adoption, guardianship (trusteeship), etc. Range of representation varies depending on its basements. Definition of “basements of representation” is given.

Basements of representation; legal representatives; child; rights and interests of the child

Sushkova O. V. The Influence of the Decisions of the European Court of Human Rights on the Development of Intellectual Property in the Russian Federation

Sushkova Olga Victorovna — the assistant professor of the of Business Law, Civil and Arbitration Process Chair, PhD in law (Moscow), ovsushkova@mail.ru

This article examines the impact of decisions of the European court of human rights, a body of the Council of Europe, on the formation and impact of an effective system of exclusive rights in the Russian Federation. Enacted changes from October 01, 2014 should be a regulator to reduce roundtrips authors and right holders to the European court of human rights. The paper contains an example of law enforcement practice (the case against Moldova) showing the role of the Court in the formation of the mechanism of realization of the rights of the author and human rights.

Intellectual property law; copyright law; the European court of human rights; the Civil code of the Russian Federation

Chashkova S. Yu. Basic Approaches to the Legal Nature of Distribution Agreements Worked Out by the Theory and Judicial Practice

Chashkova Svetlana Yurievna — the head of the International Law, Advocacy and Notaries Chair of the Russian Law Academy of the Ministry of Justice of the Russian Federation, PhD in law (Moscow), svetlanach127@rambler.ru

The paper examines the existing law enforcement practice and theoretical approach to the legal nature of the distribution agreements separating them into two basic directions of analysis. The paper draws attention to the shortcomings of each approach in terms of protecting the rights and interests of the distribution agreement parties, and argues the need for its special legal regulation.

Distribution agreement; legal qualification; mixed agreement; unnamed agreement

Borsuchenko S. A. Requirements of International Acts Prison Staff

Borsuchenko Svetlana Alexeevna — the assistant professor of the Criminal Law and Criminology Chair of the Russian Law Academy of the Ministry of Justice of the Russian Federation, PhD in law (Moscow), bca38@mail.ru

The article analyzes the norms of international instruments, fixing the basics of the legal status of the prison service and its employees, as well as the actual social relations on their implementation, which is important in connection with the problems of legislative regulation of the legal status of staff, agencies and bodies executing punishment, his lack of clear regulation in penal legislation of the Russian Federation.

International instruments; the prison system; prison staff; law; offenders

Bryka I. I. The Principle of Social Justice in the Criminal Policy of the Russian Federation

Bryka Igor Igorevich — the assistant professor of the Criminal Law and Criminology Chair of the Russian Law Academy of the Ministry of Justice of the Russian Federation, PhD in law (Moscow), iibr04@mail.ru

This article analyzes and assesses number of questions that arise when applying certain rules of Common part of the Criminal Code. Author offers number of proposals and changes to the meaning of legal terms in certain legal norms of Common part of the Criminal Code. In addition, this article covers currently acting criminal policy of the State. Author believes that these proposals would make activity of law-making and law-applying organizations more efficient during developing and applying criminal law on all the stages of proceeding the criminal responsibility.

Criminal code; the principle of justice; category of crimes; legal consequences; criminal policy; equality of citizens; constitution; fine; ñompulsory medical measures; insane; contradictions; inconsistencies; criminalization; decriminalization; legal culture; methods; goals; preventive maintenance; the court; prosecutors; justice; efficiency measures

Voldimarova N. G. Qualification of Crimes in the Sphere of Economic Activity Perpetratedby Avoiding Execution Property Obligations

Voldimarova Nadezhda Georgievna — the assistant professor of the Criminal Law and Criminology Chair of the Russian Law Academy of the Ministry of Justice of the Russian Federation, PhD in law (Moscow), woldimarova@list.ru

The author examines the legal regulation of criminal responsibility for crimes committed by avoiding execution property obligations (evasion of customs duties, criminal bankruptcy, tax evasion and (or) the fees of an individual and the organization, dereliction of duty and tax agent concealment of property from collecting back taxes and fees); analyzes the problem of qualification of crimes committed by avoiding execution property obligations, delineates these offenses with adjacent; indicates the shortcomings of the current legislation in the field of combating economic crime.

The taxes and taxes; taxation; tax (financial) attitudes (relations); tax crimes; tax discipline; the tax declaration; tax agent; tax; financial, administrative, customs legislation; a tax (financial) offence; tax (administrative) offence; shortage; liberalization; enterprise activity; clearing of the criminal liability; budget system; criminal bankruptcy; register illegal land transactions; abuse of power

Voronova O. S. The Aspect of Prevention in Criminological Studies of National and Foreign Scientists

Voronova Oxana Sergeevna — the post-graduate of the Criminal Law and Criminology Chair of the Russian Law Academy of the Ministry of Justice of the Russian Federation (Tula), voronova@tfrpa.ru

The article presents theoretical approaches of foreign and national scientists to the understanding of victimological crime prevention as a result of partnership of state bodies, public institutions and scientific schools.

Prevention; victimology; criminology; victimization; crime; victim

Gilyazutdinov R. K. To the Issue of the Concept of Criminal Behavior

Gilyazutdinov Rinat Kamilievich — the assistant professor of the Criminal Law and Criminology Chair of the Russian Law Academy of the Ministry of Justice of the Russian Federation, PhD in law (Moscow), grk65@mail.ru

The article explains the importance of studying the criteria of defining the concept of a crime. It is noted that despite centuries-old experience of studying this problem, legal science still has not got any clear and distinct conception in relation to this issue. It is concluded that the concept of criminal behavior is directly related to changes in social conditions defining this concept that shall be taken into account in the process of criminalization of acts.

Crime; criminalization; decriminalization; social conditioning of penal prohibition; public legal consciousness and psychology; conflict of criminal law and objective social norms

Goremychkin I. E. The Ratio of Group Formations General and Specific Parts of the Russian Criminal Law(for Example, Article 210 of the Criminal Code)

Goremychkin Igor Evgenievich — the post-graduate of the Criminal Law and Criminology Chair of the Russian Law Academy of the Ministry of Justice of the Russian Federation, lawyer of the Moscow Bar “Krivchenkov, Goremychkin and partners” (Moscow), 5643387@mail.ru

The paper contains an analysis of the relation of the provisions of complicity general and specific parts of the Criminal Code. The author’s proposal to amend the existing criminal laws of the Russian Federation in this field.

Criminal law; organized crime; qualification group crimes; organized group; criminal community

Ivanov A. L. Categorization of Crimes in the Law and in the Enforcement

Ivanov Aydar Lazarevich — the first deputy prosecutor of the Republic of Sakha (Yakutia), PhD in law (Yakutck), aidar_ivanov@yandex.ru

Examines the criteria for dividing the crime categories provided for in criminal law and clarifies their meaning. Attention is drawn to the fact that the actual resolution of this issue is often not within the competence of the legislator and the law enforcer that can not contribute to the uniform application of the criminal law, a violation of the principles of legality, equality and justice.

Categorization of crimes; division criteria crime categories; the legislator; law enforcer; the value of categorizing crimes

Ogurtsov S. A. The Reasons for the Application of Compulsory Measures of Medical Character

Ogurtsov Sergey Alexandrovich — the assistant professor of the Criminal Law and Criminology Chair of the Russian Law Academy of the Ministry of Justice of the Russian Federation, PhD in law (Moscow), serg_wasp@bk.ru

The article analyses the grounds for rendering of mental health services for persons, who have committed socially-dangerous acts insanely. For this end, it is provided the cross-sectoral analysis, that is based not only on the norms of the effective criminal law, but also on the rules of the Criminal Procedure Code of the Russian Federation, the Federal Law “On psychiatric care and guarantees of citizens’ rights in its provision”, the rulings of the Constitutional Court and the Supreme Court of the Russian Federation, as well as the decisional law of the European Court of Human Rights, the criterion of danger for own self and other individuals or the ability to inflict other substantial harm. Unfortunately, in the national legal system this measure is not disclosed, which is a deficiency of the Russian criminal law. Therefore, the author proposes to develop a scale public danger mentally ill persons and to implement it in court and expert practice.

Insanity; compulsory measures of medical nature; danger for own self and other individuals or the ability to inflict other substantial harm.

Chuprova A. Yu. New Medical Technologies: the Criminal-Legal Aspects

Chuprova Antonina Yurievna — the professor of the Criminal Law and Criminology Chair of the Russian Law Academy of the Ministry of Justice of the Russian Federation, PhD in law (Moscow), 3959400@mail.ru

The problems of application of criminal law in connection with the development of new directions in medicine, in particular remote monitoring of patients and use of electronic medical records are analyzed in the article.

Telemedicine; forgery; criminal responsibility; official document; remote health monitoring; informed consent; medical records

Buday S. N. The Right of a Large Family to Free Land Plot

Buday Sergey Nikolaevich — the professor of the Organization and Management in the Prosecution Bodies Chair of the Academy of the Prosecutor General of the Russian Federation, PhD in law (Moscow), bsn1902@yandex.ru

Normative legal acts of the state define a set of approaches to the practical implementation of the rights of citizens of the large number of different social spheres. In this situation, when the legislation enshrined the right of the category of citizens on the ground can not be realized due to various reasons, is quite common. The article deals with the theory and practice of the right to receive a large family land.

Large family; land rights; protection of rights; the public prosecutor

Savelieva A. V. To the Question about the Participation of the Prosecutor in the Arbitration Process in Cases Associated with the Violation of the Budget Legislation

Savelieva Anna Victorovna — the assistant professor of the General Prosecutor’s Supervision over the Implementation of Federal Legislation and the Participation of Public Prosecutors in Civil and Arbitration Proceedings Chair of the Academy of the Prosecutor General of the Russian Federation (Moscow), kafedraon@mail.ru

The article discusses current issues of participation of the Prosecutor in the arbitration process in cases of challenging legal acts and transactions associated with the violation of the budget legislation. Analyses of powers of attorney in the arbitration process, provides examples of judicial practice in cases specified category.

Attorney; arbitration; appeals and legal acts; rescission of contracts; budget legislation; competent authorities public-law entities

Cherepanova I. V. Powers of the Prosecutor with the Excitation of Affairs about Administrative Offences for Violation of Labor Rights of Citizens

Cherepanova Inna Valerievna — the assistant of the General Prosecutor’s Supervision over the Implementation of Federal Legislation and the Participation of Public Prosecutors in Civil and Arbitration Proceedings Chair of the Academy of the Prosecutor General of the Russian Federation, PhD in law (Moscow), kafedraon@mail.ru

The article discussed the application of the Prosecutor’s powers in the field of administrative prosecution of persons who violate labor rights of citizens; the problem of determining the legal status of the Prosecutor in the proceedings on administrative offences.

Powers of the Prosecutor; the commencement of proceedings on the case on administrative offence; the decision of the Prosecutor

Sibilyev Y. N. Criteria of Efficiency of Activity as the Basic Guidelines of the Evolution System of the Federal Bailiff Service of Russia

Sibilyev Yuriy Nikolaevich — the assistant of the Director of the Federal Bailiff Service of Russia — chief bailiff of the Russian Federation, honored worker of the Federal Bailiff Service of Russia actual state councilor of justice of the 3rd class (Moscow), unsibilev@yandex.ru

The article discusses the concept of performance criteria as f reflection of legal norms, requirements and guidelines applicable to them and feature their establishment for the Federal bailiff service of Russia.

Federal bailiff service of Russia; criteria as reflection; evaluation system; requirements criteria; the principles of establishing