Bulletin 2-2015

№ 2 / 2015

Bastrykin A. I. Improvement of the Investigative Units of the Investigative Committee of the Russian Federation at the Stage of Verification Reports of Disappearances of Minors

Bastrykin Alexander Ivanovich — the Chairman of the Investigative Committee of the Russian Federation, the doctor of law, honored lawyer of the Russian Federation (Moscow), alexandrova-olga13@mail.ru

The article is devoted to protecting the rights of socially vulnerable groups of citizens, including minors from the state. The problems in the review reports of disappearances of children. The ways of solving the problems identified in the review article reports on disappearances of children.

Protection of minors; investigation committee; crimes against children; disappearances citizen; checking reports the crime

Selionov I. V. Some Features of Legal Regulation of the Procedure of Execution of Executive Documents Providing for the Foreclosure of the Property Budget and Autonomous Institutions

Selionov Igor Victorovich — the assistant of chief bailiff of the Russian Federation, Federal Bailiffs’ Service of Russian Federation, state advisor of the Russian Federation 2d class (Moscow), selionov-i@yandex.ru

In this article the author analyses the peculiarities of the procedure for repossession of property budget and autonomous institutions on the basis executive documents.

Budgetary institutions; autonomous institutions; immunity budgets; executive document

Chumakova O. V. Free Legal Assistance to Citizens for the Provision of Mental Health Care

Chumakova Olga Vladimirovna — the director of the legal clinic, the assistant professor of the Administrative and Financial Law Chair of the Russian Law Academy of the Ministry of Justice of the Russian Federation, PhD in law (Moscow), 79154238394@ya.ru

The author analyzes the provisions of the Law of the Russian Federation dated July 2, 1992, № 3185-1 “On psychiatric care and guarantees of citizens’ rights in its provision”, considered the provisions of the Federal law of 21 November 2011 № 324-FZ “On free legal aid in the Russian Federation”. The author conducted an analysis of the responsibilities of organizations providing mental health care to persons with mental disorders to ensure that the possibility of hiring an attorney or employee of the state law office, providing citizens with free legal assistance.

Free legal counsel; state law office; the law on free legal aid; the state system of free legal aid, protection of rights and legitimate interests of persons in the provision of psychiatric care; hospitalization in an involuntary manner; the legal representative of the incapacitated person

Krasikov V. I. Philosophy of Law: Its Main Topics and Problems

Krasikov Vladimir Ivanovich — the head of the Philosophy and Social and Economic Disciplines Chair of the Russian Law Academy of the Ministry of Justice of the Russian Federation, the doctor of philosophy (Moscow), KrasVladIv@gmail.com

The author considers the main topics and problems of philosophy of law, reveals the thematic features of ontology, epistemology, anthropology and axiology law.

Ontology; epistemology; anthropology and axiology Rights

Malkov B. N., Scheglov A. F. Moral Lessons in Judicial Reform (Based on the Works of A. F. Koni)

Malkov Boris Nikolaevich — the professor of the Philosophy and Social and Economic Disciplines Chair of the Russian Law Academy of the Ministry of Justice of the Russian Federation, the doctor of philosophy, honored worker of science of the Russian Federation (Moscow), malkovbn@mail.ru

Scheglov Anatoly Fyodorovich — the head of the Philosophy and Social and Humanitarian Disciplines Chair of the Russian State University Justice, PhD in Economic (Moscow), filosofrap@mail.ru

The article discusses the moral lessons derived from the experience of judicial reform in Russia in the second half of the nineteenth century. The basis of the analysis serve as scientific works and memories of one of the active participants and creators of reform — A. F. Koni.

Judicial reform; morality; humanism; the moral duty of the judge; spiritual background; legal liberalism; moral courage

Agapov S. V. System Analysis as a Method of Family Law

Agapov Sergey Victorovich — the assistant professor of the Civil Law Chair of the Russian Law Academy of the Ministry of Justice of the Russian Federation, PhD in law (Moscow), levels1234@yandex.ru

This article reveals the concept of the method of legal regulation and the method of system analysis in the family law and determined by their relationship to each other. Also reveals the mechanism of the analysis of legal phenomena and the mechanism for adoption of the normative act.

Family law; the method of system analysis; method of legal regulation; non-mandatory method; the imperative method; the subjects of family relations; principles of family law

Kazakova N. A. The Problems of the Invalidity of Transactions of Legal Persons

Kazakova Natalia Alexeevna — the post-graduate of the Business Law, Civil and Arbitration Procedure Chair of the Russian Law Academy of the Ministry of Justice of the Russian Federation (Moscow), 418-2012@mail.ru

Legal claims and lawsuits related to the invalidity of transactions are very popular in contemporary Russian legal practice. Cases on the invalid transactions of legal persons are especially difficult to resolve. The article is devoted to the questions of invalid transactions including the issues of the invalid transactions in the practice of legal persons.

Invalidity of transactions; legal persons, general legal capacity; special legal capacity; licence; foundation documents; jurisprudence

Lubyagina D. V. The Problem of the Allocation of Risks in Civil Law

Lubyagina Dina Vladimirovna — the assistant professor of the Civil Law Chair of the Russian Law Academy of the Ministry of Justice of the Russian Federation, PhD in law (Moscow), Lubyagina.di@yandex.ru

Recently, the category of “risk” causes much debate. Given the vast amount of scientific views on this category, the complexity and diversity of approaches to the study of its nature, of particular importance is the development of common approaches to its study, including the development of common criteria for the allocation of risks in civil law.

Risk; how the risk distribution; the probability of damage and losses

Saenko L. V. The Socio-Legal Construction of the Legal Space in the Context of the Theory of Family Law

Saenko Ludmila Vladimirovna — the assistant professor of the Civil Law Disciplines Chair of the Volga Law Institute (the Branch) of the Russian Law Academy of the Ministry of Justice of the Russian Federation, the doctoral student of the Civil Law Chair of the Russian Law Academy of the Ministry of Justice of the Russian Federation, PhD in law (Saratov), saenko7@yandex.ru

The article describes the theoretical aspects of building construction single legal space in the sphere of regulation of family relations. The author examines the categories of family-legal science, given the author’s definition of legal space.

Family law; legal space; family; legal construction

Stepanova E. I. Introduction of the Concept of “Evasion of Law” in the Light of the Concept Development of Civil Legislation of the Russian Federation

Stepanova Ekaterina Igorevna — the post      graduate of the Civil Law Chair of the Russian Law Academy of the Ministry of Justice of the Russian Federation, main specialist expert of the division of the Department of the Legal Development of the Ministry of Justice of the Russian Federation (Moscow), kstepanova@yahoo.com

The article is devoted to the unexplored in contemporary civil law concept of “evasion of law” in the light of its legislative recognition in article 10 of the Civil Code of the Russian Federation. Historical and comparative approaches to the analysis of the formation and development of this concept in Russian and foreign civil law applied in the article allow to reveal significant problems in the process of implementation of the principle of abuse of law resulting from providing legislative framework for the concept of evasion of law as one of its forms. It appears that legislative recognition of such nonobjective categories as evasion of law should lead to formulation of clear criteria for their evaluation, and their implementation should not be fully delegated to judicial practice.

Evasion of law; good faith; abusive conduct; exercise of rights; abuse of law

Titova N. V. The Separate Parts of the Participation of Subjects of the International Private Law in Labor and Family Legal Relationships

Titova Natalia Vladimirovna — the assistant professor of the Civil Law Disciplines Chair of the Tula Branch of the Russian Law Academy of the Ministry of Justice of the Russian Federation, PhD in law (Tula), natulya.titova13@mail.ru

The article about characteristic of two groups of legal relationship entering a subject of the international privat law — family and labor. The author analyzes only separate types of these groups of legal relationship. Article is result of studying of the last changes of the Russian legislation regulating family and labor legal relationship with foreign participation, efficiency of the specified norms is estimated.

Subject of the international private law; family legal relationships; labor migration; foreign workers; certificate; patent

Shevchuk M. S. The Evolution of Definitions During the development of the Legislation of the Russian Federation, Regulating Electronic Interaction of the Participants in Civil Law Relations: Legal Aspect

Shevchuk Maria Sergeevna — the post-graduate of the Civil Law Chair of the Russian Law Academy of the Ministry of Justice of the Russian Federation, the held-general counsel of the Engineering Center UES Joint Stock Company (Moscow), Shevchuk_MS@powereng.ru

The author analyses the enactments, regulating electronic interaction of the participants in civil law relations. Basic legal terms in sphere of electronic interaction (“information”, “document”, “electronic document”, “signature”, “equivalent of a handwritten signature”, “digital signature”) in the context of their introduction to legal context and evolution are explored. The appearance of new terms in legal practice (“screenshot”, “snapshot”, “pin-code”) are highlighted.

Information; document; electronic document; handwritten signature; handwritten signature analogue; digital signature; pin-code; screenshot; snapshot

Smirnikova Ju. L. Legal Regime of Subsidies to Legal Entities (Except for Subsidies to State (Municipal) Institutions), Individual Entrepreneurs, Individuals — Producers of Goods, Works and Services

Smirnikova Julia Leontievna — the professor of the Administrative and Financial Law Chair of the Russian Law Academy of the Ministry of Justice of the Russian Federation, the doctor of law (Moscow), ulsmirnikova@rambler.ru

The article discusses the features of grants to legal entities (except for subsidies to state (municipal) institutions), individual entrepreneurs, individuals — producers of goods, works and services. The conclusions that allow to delimit this kind of subsidies from the budget and other legal mechanisms for financing.

Subsidies; budget law

Maidanovich N. V. Development of the Doctrine about the Object of Sexual Crimes in the Russian Criminal Law from the 18th till the Beginning of 20th Centuries

Maidanovich Natalia Vladimirovna — the teacher of the Theory and History of State and Law Chair of the Irkutsk Law Institute (the Branch) of the Russian Law Academy of the Ministry of Justice of the Russian Federation (Irkutsk), Navla82@mail.ru

In this article the historical and legal analysis of development of objects of criminal-legal protection at commission of sexual crimes since XVIII to the beginning of the XX century is carried out. Research is based on Army regulations 1716, Criminal punishments and rehabilitation Code 1845, Criminal Code 1903. As a result of research it is revealed that the main objects of sexual crimes were the religion, moral, honor, chastity and the person himself who was the victim of violent acts. But the value of these objects for the state changed.

History of criminal law of Russia; sexual crimes; object of a crime; Criminal punishments and rehabilitation Code 1845; the Criminal Code 1903

Merzlyakov S. E. Corruption and Corruption Crimes: on the Concept and Countermeasure

Merzlyakov Sergey Engelsovich — the professor of the Theory and History of State and Law Chair of the Russian State University of Oil and Gas named after I. M. Gubkin, PhD in law, the honored lawyer of the Russian Federation (Moscow), eved@bk.ru

Quality of life, its real social status is directly related to the type of realization of the state-based, fixed in the Constitution functions. Corruption, eroding state mechanism, a negative impact not only on the implementation of these types of features, but also a qualitative change in the type of interaction in the «individual — society — state», creating conditions for their degradation. Creating an effective mechanism to combat corruption crime — the most important task of civil society.

Corruption; corruption crime; extortion; bribery; models of fighting corruption

Radjabova E. Sh. Exemption from Punishment in the Muslim Criminal Law

Radjabova Emilia Shahabutinovna — the post-graduate of the Criminal Law, Criminal Procedure and Criminalistics Chair of the International Law Faculty of the Moscow State Institute of International Relations (University) of the Ministry of Foreign Affairs of the Russian Federation (Moscow), emili2015emili@yandex.ru

The article analyzes the circumstances, exempt from punishment. The author points out the general grounds for exemption from punishment and special grounds for exemption from punishment (including due to religious and legal traditions of Muslim countries). It is noted that the basis for exemption from punishment is religious tenets of mercy and forgiveness.

Islamic criminal law; criminal defenses, exemption from punishment; forgiveness; “diya”; active repentance; amnesty

Sokalsky B. B. The Subject and the Special Target of a Crime, Article 186 of the Ñriminal Ñode of the Russian Federation

Sokalsky Boris Borisovich — the competitor of the Criminal Law Chair of the Moscow State Law University named after O. E. Kutafin (Moscow), b.sokalskiy@gmail.com

This article provides the definition of the direct object of crime, provided by art. 186 of the Criminal Code of the Russian Federation, considering subject and special target of this crime, that is urged to promote correct qualification of crimes, which connects with forgery of money and securities, and increasing stabilities of judicial decisions. Subject of crime; special target of crime, provided by art. 186 of the Criminal Code of the Russian

Federation; qualification of crimes; forgery of money; forgery of securities

Kuchin V. V. On the Question of the Seizure of Property in the Preliminary Investigation Stage

Kuchin Valery Vladimirovich — the assistant professor of the Criminal Procedure and Criminalistics Chair of the Russian Law Academy of the Ministry of Justice of the Russian Federation, PhD in law (Moscow), kww-4868@mail.ru

This article discusses some of the problems of legal regulation of seizure of property in order to secure the civil claim or possible confiscation of property in pre-trial stages of the criminal process. In legal practice there are defects. To solve this problem is very important position of the Constitutional Court of the Russian Federation on the application of Article 115 of the Criminal Procedure Code. When making decisions about the arrest of the property must be a balance between the demands of the public interest and necessary conditions for the protection of fundamental rights of the individual.

Seizure of property; ownership; the defendant; suspect; civil defendant

Torbin Yu. G. Procedural Transformation of Article 144 of the Criminal Procedure Code of the Russian Federation (Part 2) (Part 1 in № 4, 2014)

Torbin Yury Grigorievich — the head of the post-graduate Faculty of the Russian Law Academy of the Ministry of Justice of the Russian Federation, the doctor of law, the honored lawyer of the Russian Federation (Moscow), torbinug@rambler.ru

This article is devoted to analysis of the changes made to it by the federal laws of the 12 years of the Criminal Procedure Code of the Russian Federation. The author shows how the article with purely organizational content turned into a full-fledged procedural norm of law.

Federal law; article of the Criminal Procedure Code of the Russian Federation; investigator; order; change; investigative action; prosecutor; court

Dubrovina M. O. Problems of Establishing Subjective Aspect of Administrative Offence according to Part 5, Article 15.25 of the Administrative Offences Code of the Russian Federation

Dubrovina Madina Olegovna — the post-graduate of the Administrative and Financial Law Chair of the Russian Law Academy of the Ministry of Justice of the Russian Federation, the senior state inspector of the Territorial Administration of the Federal Service for Financial and Budget Supervision in Moscow (Moscow), mmamasheva@mail.ru

The article deals with the problems of establishing the fact of presence or absence of subjective aspect in actions of legal entity according to Part 5 Article 15.25 of the Administrative Offences Code of the Russian Federation, as well as sufficiency of the measures proving absence of guilt for an administrative offence under Part 5, Article 15.25 of the Administrative Offences Code of the Russian Federation.

Àdministrative offence in foreign currency area; import; return of funds; resident’s guilt; case law