Bulletin 1-2016

Вестник № 1-2016 (Download)

№ 1 / 2016

Sysoev V. D. In the Service of the Fatherland

Sysoev Vyacheslav Dmitrievich — the state counselor of Justice of the Russian Federation, 2nd class, the teacher of the Advocatship Chair of MGIMO-University (Moscow), advokat@mgimo.ru.

This article is a historical and legal essay, that is dedicated to the centennial of V. I. Terebilov — the Minister of Justice of the USSR (1970–1984), the Chairman of the USSR Supreme Court (1984–1989).

I. Terebilov; minister of Justice of the USSR; Chairman the USSR Supreme Court

Aleksandrova A. E. Legal Grounds of Appearance and Initial Phase of Currency of Grand Duchy of Finland

Alexandrova Anzhela Evgenevna — the senior teacher of the of State and Legal disciplines

Chair of the Northern Institute (branch) of All-Russian State University of Justice (Petrozavodsk), angela.a@mail.ru.

The article discusses the gradual development of financial institutions of the Grand Duchy of Finland in the period from 1809 to 1890 focuses on the fact that due to the own will of the Russian tsars Duchy of Finland became state institutions, which had not previously existed in it.

Russian empire; Grand Duchy of Finland; the Bank of Finland; state autonomy, ruble; mark

Dutkovsky E. V. Myth and Law as Regulators of Public Life

Dutkovsky Elisey Vitalievich — the teacher of the Theory and History of State and Law Chair of the All-Russian State University of Justice (Moscow), elisey.7602@mail.ru.

Article is devoted to the analysis of regulation of public life by such means as the myth and the right. Besides, matters of law, the law, the vessels reflected myths of Ancient Egypt and Ancient Greece are considered.

State; law; sense of justice; government; mythology; myth; justice; law; right

Shabarshova O. A. Comparative Legal Analysis of the Mechanism of Transfer of Title to Land Plots in the Legislation of Russia and Germany

Shabarshova Oxana Anatolievna — the post-graduate of the Constitutional and Municipal Law Chair of the All-Russian State University of Justice (Moscow), Linie93@mail.ru.

The article conducts a comparative legal analysis of the mechanism of transfer of title to land plots in the legislation of Russia and Germany.

Ownership; land; state registration of rights; the competing jurisdiction of lands; executive power; government and administrative institution of lands

Yuzhanin N. V. Unilateral Measures of Protection in the Legal Facts of Civil Rights

Yuzhanin Nikolay Vyacheslavovich — the assistant professor of the Civil Law and Procedure Chair of the Academy of Law Management of the Federal Penal Service of Russia, PhD in law (Ryazan), yuzhanin15@mail.ru.

This article analyzes the unilateral defensive actors in civil matters. We consider the unity of the legal nature of self-protection measures implemented in the treaty of non-contractual legal relationship. The notion sided deal. Substantiated characteristic of unilateral protection measures in civil matters as a legal defensive action.

Self-defense; protection of civil rights; unilateral measures of protection; the actual performance of an obligation; retention; self-help; maintenance obligations; unilateral contract; legal action; protective relationship; measures operational impact; necessary defense; extreme necessity

Abramov A. L. Reasonable Risk, and an Urgent Need for Medical Activities: Problem Definition and Delimitation

Abramov Ashot Levonovich — the postgraduate of the Criminal Law and Criminal Process Chair of the Chernomyrdin Humanitarian-Economic Institute of the Moscow State University of Mechanical Engineering (MAMI) (Moscow), abramov_ashot@mail.ru

Article is devoted to issues of concern definition and delimitation of reasonable risk and necessity of health professionals.

Criminal law; a reasonable risk; medical risk; extreme necessity; medical error

Zvecharovsky I. E. The End doesn’t Always Justify the Means

Zvecharovsky Igor Eduardovich — the professor of the Criminal Law Chair of the Kutafin Moscow State Law University (MSAL), the doctor of law, the professor (Moscow), ygolovnoepravo@inbox.ru.

This article analyzes the evaluation of initiatives of the Supreme Court of the Russian Federation about reduced sentence to persons who have committed a minor offence set out in the decree of the Plenum of the Supreme Court of the Russian Federation from 31.07.2015 ¹ 37. The author also pays attention to a number of important circumstances supplementing the overall picture of the issue.

Decree of the Plenum of the Supreme Court; Criminal Code; a crime; Criminal Procedure Code

Makaseeva A. A. The Evolution of the Russian Criminal Law Rules Established the Protective Principle of Operation Criminal Law in Space

Makaseeva Asya Alexandrovna — the postgraduate of the Criminal Law and Criminology Chair of the All-Russian State University of Justice (Moscow), makaseeva_asia@inbox.ru.

This article is devoted to the analysis of criminal legislation, establishing liability of foreigncitizens (stateless persons) committed a crime outside Russia againt russian interests or against interests of russian citizens in different historical periods. The author discusses the evolution of scientific opinions concerning the operation of Russian criminal law in space according to the protective and passive personality principles.

Passive personality principle; protective principle; evolution of criminal law; operation of criminal law in space

Saidov M. O. Non-Criminal Acts in Criminal Law

Saidov Marat Omarovich — the senior teacher of the Criminal Law Chair of the North-Caucasian Institute (branch) of All-Russian State University of Justice (Makhachkala), marat.s.o@yandex.ru.

Based on the analysis of domestic criminal law identified various options for non-criminal acts of having criminally-legal value, the classification of such acts on various grounds, the question of the need of systematic study.

Non-criminal acts; elements of crime; criminal law and criminal law; types of non-criminal acts; criminal law and social importance

Slepenchuk M. E. Confiscation as a Measure of Responsibility for Corruption Offences

Slepenchuk Maksim Eduardovich — the deputy director of the State Service and Personnel of the Ministry of Justice of the Russian Federation (Moscow), maximsl1901@gmail.com.

The article considers a controversial issue about introduction of such type of punishment as confiscation of property as a measure of responsibility for corruption offences. The author view corruption as a serious threat for the system of public authority in the Russian Federation. Confiscation of property has always been one of the most effective types of punishment in combating corruption-related crimes. Introduction of this type of penalty will allow for increasing the efficiency of combating corruptionrelated offences.

Confiscation of property; penal system; types of punishment; corruption; combating corruption; corruptionrelated crime; corruption offences

Stepanov A. V. Public Safety in the Russian Federation: Theoretical and Legal Analysis

Stepanov Alexey Vladislavovich — the deputy chief of the Perm Institute of the Federal Penitentiary Service for Sciences, PhD in law (Perm), a.stepanov1975@mail.ru.

The article views different definitions of the category “public safety” which can be found in dictionaries, normative and legal acts. There are some positions (points of view) of scientists about the content of this category. The author makes a suggestion to improve the Russian legislation concerning the category “safety”.

Public safety; Russian legislation; Criminal Code of the Russian Federation

Toniya I. T. About Problems of Definition of the Categories of «Substantial Harm» and «Serious Consequences» in Relation to the Abuse of Power (article 201 of the Criminal Code of the Russian Federation)

Toniya Ilia Tengizovich — the post-graduate of the Criminal Law and Criminology Chair of the All-Russian State University of Justice (Moscow), itoniya@gmail.com.

The article considers problems of the definition of categories “substantial harm” and “serious consequences” in relation to the abuse of power (article 201 of the Criminal code of the Russian Federation).

Criminal law; abuse of authority; substantial harm; serious consequences

Alexandrova O. I., Elkhov V. A., Ovechkis Yu. N. The Application of Stereoscopic of Innovative Technologies for the Educational Process and Practice in the Area of Enforcement

Alexandrova Olga Ivanovna — the head of the All-Russian State University of Justice, PhD in law (Moscow), alexandrova-olga13@mail.ru.

Elkhov Viktor Aleksandrovich — scientific Research Cinema and Photo Institute (NIKFI), doctor of physical and mathematical sciences (Moscow), elkhov@rambler.ru.

Ovechkis Yuri Natanovich — the head of the laboratory Cinema and Photo Institute (NIKFI), doctor of technical sciences (Moscow), ovechkis@yandex.ru.

This article is devoted to analysis of ways of research and development towards the introduction of stereoscopic funds formation and demonstrate the threedimensional images in the law schools, the formulation of basic problems and methods of solving them, the definition of activities at various stages of this work.

Stereoscopic products; volumetric images; 3D; measurement Capabilities

Kuchin V. V., Kuchina M. S. To the Question of the Extension of the Jurisdiction of the Court of Jury

Kuchin Valeriy Vladimirovich — the assistant professor of the Criminal Procedure and Criminalistics Chair of the All-Russian State University of Justice, PhD in law (Moscow), kww-4868@mail.ru.

Kuchina Mariya Sergeevna — the senior teacher of the Chair of the Foundations of Law Enforcement of the Faculty Speranskii of the Russian Presidential Academy of National Economy and Public Administration, PhD in law (Moscow), ins-mary@mail.ru.

This article examines the legal nature of the institute of jurors; current state of the law defining the jurisdiction of cases within the competence of the court of assize; the enlargement of jurisdiction jury trials, including through the inclusion of cases of exceeding the limits of necessary defense.

The court of jury; jurisdiction; right of citizens to participate in the administration of justice; defense, exceeding the limits of necessary defence; the rights of the accused and the suspect; the right to protection

Savchenko O. A. Information Technology in Criminalistical Knowledge

Savchenko Oxana Alexandrovna — the postgraduate of the Criminal Procedure and Criminalistic Chair of the All-Russian State University of Justice (Moscow), vigiitori@mail.ru.

In this article discloses the role of information technology in processing of forensic significant information in the process of investigation of crimes, and the place of information in the system of forensic science. Recommends the ways of forming forensic knowledge and gives the definition of forensic information technology.

Forensic significant information; information technology; evidence; data; forensic information technology

Strelkov A. A. The Criminalistic Tomography: Examination of the Corpse Using X-Ray CT Scanner

Strelkov Andrey Anatolevich — the senior inspector of the management to ensure the activities of the Investigative Committee of the Russian Federation, colonel of justice (Moscow), 65strelkov@mail.ru.

The article reviews the applications of radiography in the production of forensic examinations, as well as x-ray computed tomography, as innovative development of x-ray method. Also possibility of application of an innovative KT-method of the “virtual” autopsy by investigators and criminalists, as method of preliminary criminalistic research is researched during survey of a corpse (as p. 1 art. 178 of the Criminal Procedure Code of the Russian Federation) before assignment of a forensic medical examination.

Innovative forensic techniques; radiological method; x-ray computer tomography; forensic expertise; “virtual” autopsies

Shavarin M. S. Comparative Tendencies in Constitutional Status of United States state Courts

Shavarin Maxim Sergeevich — the postgraduate of the Constitutional and Municipal Law Chair of the All-Russian State University of Justice (Moscow), maxim.s.sh@gmail.com.

Article deal with constitutions of US states that is judicial power charters. Author empathized degree of regulation court systems, data of constitutions and general features of US courts.

Constitutions of US states; US courts; states court systems; periods of constitution

Pashin V. M. Features of the Conceptual Framework and the Functioning of Territorial Systems of Governance of the Ministry of Intesnal Affairs of the Russian Federation (the Study of the Regional Administration in the Sphere of Internal Affairs)

Pashin Vadim Mihajlovich — the professor of the Criminal Procedure and Criminalistic Chair of the All-Russian State University of Justice (Moscow), the doctor of law (Moscow), paschin@mail.ru.

The article is devoted to the problems associated with the conceptual framework, the term “region” in view of the geopolitics of Russia, relationship and specificity of social relations that allow to consider the scope of the Interior as an independent object of public administration. Analyses the legal and organizational problems of the territorial (regional) of the Ministry of Internal Affairs of Russia. Proposed solutions to identified problems in the article on the Office in the field of Internal Affairs, including at the regional level.

The scope of the Interior; control system; public administration; Federal (regional) body of the Executive power; region; territorial bodies of the Ministry of Internal Affairs of Russia; regional governance in the field of internal affairs

Mnatsakanyan A. A. Influence of the International Legal Acts on Administrative Legal Status of Foreign Citizensand Stateless Persons During Forced Expulsion of the Russian Federation

Mnatsakanyan Arut Ashotovich — the post-graduate of the of the Management of Bailiff Service and Executive Procedure Chair of the All-Russian State University of Justice (Moscow), mnatsakanyan.harut@gmail.com.

The article contains an analysis of the rights and duties of foreign citizens and people without citizenship in the Russian Federation. It is stated that Russian courts of the first instance take decisions on administrative expulsion of foreign citizens from the Russian Federation, often without taking into account the social status of these people, and this entails violation of certain international conventions. In addition, the article describes the term of administrative and legal status and its component parts. In the conclusion of the article is a brief analysis of the international standards for the protection of human rights applicable in the Russian Federation.

Deportation; administrative expulsion; foreign citizens; stateless persons; administrative and legal status

Sibilev Y. N. Key Indicators of Performance Evolution System of Federal Bailiff Service in the Scope of Enforcement Proceedings

Sibilev Yury Nikolaevich — the assistant director of the Federal Bailiffs’ Service — Chief Bailiffs’ of the Russian Federation, the actual state councilor of justice of 3d class (Moscow), unsibilev@yandex.ru.

Article is devoted he theoretical foundatations in establishing efficiency. Special attention is paid to the need to establish key performance indicators in the area of executive proceedings. Determine their list as factors affecting the objectivity of the assessment and the management process.

Indicator; key performance indicator; productivity; the impact of labor; evaluation system; scope of enforcement proceeding; intensity factor; Federal Bailiff Service