Bulletin 2-2016

Вестник №2-2016 (Download)

№ 2 / 2016

 

Bastrykin A. I. Ways of Combating Extremism in Russia

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 issues of combating against extremism in Russia; analysis of the dynamics of crime of extremist and terrorist orientation; the problems of international and Russian legislation in the field. The author examines the experience of foreign countries and makes proposals on measures to combat extremism.

Terrorism; extremism; Criminal Code; extremist activity; hybrid warfare

Pashin V. M., Kolosova I. M. Strategic Management of the Internal Affairs Authorities at the Regional Level as a Factor of Counteraction of Corruption

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

Kolosova Irina Mikhailovna — the head of the Criminal Procedure and Criminalistic Chair of the All-Russian State University of Justice, PhD in law (Moscow), kafuppk@mail.ru.

The article is devoted to legal and organizational problems of the strategic management of the territorial internal affairs agencies to counter corruption. Examines the problems associated with the establishment of unity of law enforcement strategies in a variety of regional peculiarities of the Russian State. Proposed solutions to identified problems in the article on the modern management strategy in the field of law enforcement.

Combating corruption; strategic management; the regional level of the Ministry of Internal Affairs of Russia; regional planning; regional strategy; strategic integrated programme

Malkov B. N. The Concept of Legal Philosophical Ideologies and its Scientific and Pedagogical Value (Pedagogical Discussion)

Malkov Boris Nikolaevich — the professor of the Theory, History of State and Law and Philosophy Chair of the All-Russian State University of Justice, the doctor of philosophy, the professor, honored worker of science of the Russian Federation (Moscow), malkovbn@mail.ru.

The article has a debatable nature. It outlines the author’s understanding of the requirements of the federal state educational standard for study of discipline “Philosophy of law” and proposals for their implementation in teaching practice.

The concept of ideologies; philosophy of law ideologeme; properties legal philosophical ideologies; classification of legal philosophical ideologies; philosophical-legal workshop

Fomichenko M. P. On Improving the Mechanism of Protection of the Rights of Peoples

Fomichenko Mikhail Petrovich — the professor of the Constitutional and Municipal Law Chair of the All-Russian State University of Justice, the doctor of law (Odintsovo), fomichenkom.p@mail.ru.

Article considers the problem improving the mechanism of protection of the rights of peoples without which no nation in the world will not feel the national fitted.

The United Nations; the Security Council of the United Nations; non-governmental organizations of peoples; regional union of peoples; the world association of individual nations on the national and ethnic origin; the Universal Charter of the Rights of Peoples

Gordeyuk E. V. Legal Regulations Objects of Marital Relations in Russia (Historical and Legal Aspect)

Gordeyuk Ekaterina Victorovna — the assistant judge of the Moscow City Court (Moscow), Nksmgs@mail.ru.

In the scientific article examines in historical and legal aspect objects of marital relationships in Russia and their legal status. All objects divided on material and not material goods: property, personal non-property rights, defining the independence of men and woman, benefits in the form of feelings, respect and benefits in the form mutual responsibility.

Marital relationships; marriage; objects of marital relations

Lubyagina D. V. Documentary and Book-Entry Securities in the Russian Civil Law

Lubyagina Dina Vladimirovna — the assistant professor of the Civil Law Chair of the All-Russian State University of Justice, PhD in law (Moscow), Lubyagina.di@yandex.ru.

Significant changes of the civil law in the legal regulation of securities market, in particular, the question of the division of General concepts securities on two different legal concepts with distinct legal regimes have become the subject of consideration in this article.

Securities; risk; legal regime; uncertificated securities

Lukanova A. K. Venire Contra Factum Proprium (Not Allowed to be in Conflict with their Previous Behavior)

Lukanova Anastasya Konstantinovna — the post-graduate of the Civil Law Chair of the All-Russian State University of Justice, the head department accompaniment of corporate procedures of Joint Stock Company “Oboronstroy” (Moscow), gaydamasheva@oboronstroy.ru.

The article analyzes the novels of the civil legislation of invalid transactions. There are rules of estoppel to protect bona fide parties, questions of its realization in practice and comparison that is made with the foreign countries’ legislation. Finally, on the one hand, legislator is desired of the to increasing the stability of the civil turnover, and on the other hand the amended norms will give participants the opportunity of its own discretion and risk to determine their relationships.

Estoppel; improvement of transactions; good faith; invalid transactions

Sushkova O. V. Particular of Legal Regulation of Intellectual Property Rights in the Countries of Eastern Legal Family

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

The present article considers the peculiarities of legal regulation of the countries in the Asian region. The author shows that in the conditions of sanction action by the EU and the USÀ, Russia, remaining, nevertheless, their partner, is expanding its interests in the East. Of particular interest is the Eastern partners and Russia is the intellectual property. In this connection, analysis of the legislation of the most promising countries of the East, will provide an opportunity for potential partners to reduce risks in their activities.

Intellectual property; Singapore; China; sanctions; copyright; unfair competition

Chumakova O. V. The Role of Legal Clinics in Raising the Level of Legal Awareness of Citizens

Chumakova Olga Vladimirovna — the assistant professor of the Administrative and Finance Chair of the All-Russian State University of Justice, director of the Legal Clinic of the of the All-Russian State University of Justice, PhD in law (Moscow), chumakova-ov@yandex.ru.

The author describes the legal basis for cooperation between legal clinics of the universities with members of the state and non-state systems of free legal aid, as well as the bodies competent in the field of providing citizens free legal aid. The article talks about the important role of legal clinics in legal education of the population and raising the level of legal awareness of citizens.

Legal clinics; non-governmental free legal aid system; the state system of free legal aid; socially oriented non-profit organization; the level of legal awareness of citizens; legal education of the population

Yablochkina E. A. On Some Issues of Structure of the Right of Building

Yablochkina Ekaterina Alexandrovna — the post-graduate of the Civil Law Chair of the Russian Law Academy of the All-Russian State University of Justice (Moscow), kitty_iphone@mail.ru

In the transition to free economic turnover, inevitably, distribution of property relations on the new category of the material world. A number of domestic and foreign scientists investigated the history of the Institute of the right of building, as well as its place in the system. As part of the existence of a market economy, the right of building can be considered one of the most promising ways to ensure maintenance of a permanent and full economic activity. However, to consider the proposed Project Civil Code the right of building must be inside, thereby justifying the originality of the presence in it of real contradictions and obligation began.

Òhe right of building; Concept development of civil law; rent; limited property rights; obligations; contradictions

Mironova A. N. Peculiarities of Termination of the Employment Contract at the Instance of the Employee

Mironova Alevtina Nikolaevna — the head of the Employment Law and Social Security Law Chair of the All-Russian State University of Justice, PhD in law, the honored lawyer of the Russian Federation (Moscow), alev.mironova2010@yandex.ru.

The article deals with peculiarities of termination of the employment contract at the instance of the employee, based on the analysis of Labour Code of the Russian Federation and application of norm of Labour Code of the Russian Federation.

Employment contract; termination of employment contract; resignation; termination notice period; court practice

Bryka I. I. The Concept of the Helpless State of the Criminal Legislation of Russia

Bryka Igor Ivanovich — the assistant professor of the Criminal Law and Criminology Chair of the All-Russian State University of Justice, PhD in law (Moscow), iibr04@mail.ru.

The article describes and analyzes the problems arising in determining and different interpretations of the concept of “helpless state”, which occurs when qualifying various criminal acts, which as a consequence affect the appointment of a milder punishment for the guilty as well as the legal assessment of emerging in these cases contradictions. The author analyzed and addressed the issue of public controversy, because of what he proposes to make a number of changes in the actual content of the test concept. The proposals contained in the article, according to the author can more effectively influence the reaction of the legislator to develop, modify and implement the concept of criminal law, to legislate it.

Helpless condition; vulnerability; protection of rights; the victim; Constitution; Criminal Code; the Plenum of the Supreme Court of the Russian Federation; physical disabilities; mental disabilities; seriously ill; young; elderly; criminal offense; murder; rape; qualification of crimes; asleep; unconscious state; a state of intoxication; the will; self-preservation; the victim; the offender

Zvonov A. V., Zhuravleva Y. V. The System of Punishments According the Legislation of Ancient Rus

Zvonov Andrey Victorovich — the doctoral candidate of the Department of Research and Educational Personnel Training of the Academy of Law and Management FPS Russia, PhD in law (Ryazan), zvonov_av@mail.ru.

Zhuravleva Yulia Viacheslavovna — the assistant professor of Criminal Law and Criminology of the All-Russian State University of Justice, PhD in law (Moscow), Zhuravleva82@mail.ru.

In this article the author has considered genesis of the system of punishments under criminal law during the process of origin and becoming of national (state) nationhood — the period of Ancient Rus. Many sources of law are considered: such as Russkaia Pravda in its edits, Pskovskaia Sudnaia Gramota, Novgorodskaia Sudnaia Gramota, Statute of Saint Prince Vladimir, who has baptized Russian lands, the Statute about judjes of the church, Statute of Prince Yaroslav about judjes of the church and a variety of other acts , which allow us to analyse it from its developing till becoming basis of Russian centralized state. Authors emphasize formed duality of the system of punishments of Criminal law, which surfaces in secular and church content.

The system of punishments under criminal law; elements of the system of punishments; criminal penalty; interaction of elements of punishment system; genesis of punishments; Ancient Rus; Russkaia Pravda; Pskovskaia Sudnaia Gramota; Novgorodskaia Sudnaia Gramota

Ivanov A. L. Replacement of the Unserved Part of the Restriction of Freedom More Strict Punishment (Part 5 Article 53 of the Criminal Code of the Russian Federation)

Ivanov Aydar Lazarevich — the first deputy Prosecutor of the Republic of Sakha (Yakutiya), PhD in law (Yakutsk), aidar-ivanov@yandex.ru.

The article based on the analysis of the legislation on replacement of the unserved part of the restriction of freedom a more strict form of criminal punishment, the practice of application of this institution shows its role among other similar legal nature are called the positive and negative aspects of its legal regulation.

Replacement of punishment with a more strict form of punishment; restriction of freedom; the practice of application; crimes of small and moderate severity; evasion and malicious evasion from punishment serving

Ivanov N. G. Reintegration of “Great of Family of Peoples”: Pragmatics or Mythologems Sublimation of Suppression Nostalgia (Legal Aspect) (article is published in the framework of the scientific project funded by the Ministry of Education and Science the Russian Federation)

Ivanov Nikita Georgievich — the head of the Criminal Law and Criminology Chair of the All-Russian State University of Justice, the doctor of law, the professor, honored lawyer of the Russian Federation (Moscow), puasson2008@yandex.ru.

The article is devoted to the possibility of creating a unified legal space for the CIS countries. The emphasis is on criminal legislation, which is in the process of occurring integration is capable to take into account, first, the previous criminal tradition “united family of peoples” and, secondly, it is necessary for the regulation of social relations, which in a foreshortening unification, in particular, the state’s economic capacity, can play an important regulatory role in the stabilization and development of such relations.

Reintegration; Customs Code; Customs Union; economic Union

Naumov A. V. About the Conceptual Aspects of the Renewed Structure of the General Part of the Model Criminal Code of the Countries — Participants of the Commonwealth of Independent States (article is published in the framework of the scientific project fundedby the Ministry of Education and Science the Russian Federation)

Naumov Anatoly Valentinovich — the professor of the of the Criminal Law and Criminology Chair of the All-Russian State University of Justice, the doctor of law, the professor (Moscow), yasenaum34@mail.ru.

The article is devoted to the issues and problems of the model of the Criminal Code of the countries — participants of the CIS, its improvement, concretization of its provisions, caused by modern status socio-economic and political contemporary world order, etc. The author was a member of the working group on the creation of a model project of the Criminal Code of the Russian Federation.

Model Criminal Code; states — participants of the CIS; Interparliamentary Assembly; criminal law; international law

Ponomarev S. B., Pustovalov A. R., Svintsov A. S. The Concept of Information-Analytical System of Risk Assessment Riots in Prisons

Ponomarev Sergey Borisovich — the head of the branch (Izhevsk) Research Institute FPS Russia, the doctor of medical sciences, the professor (Izhevsk), filialnii@fsin.su.

Pustovalov Andrew Rudolfovich — the assistant of the State-Legal Disciplines Chair of the Izhevsk Institute (branch) of the All-Russian State University of Justice, PhD in law (Izhevsk), iif@rpa-mjast.ru.

Svintsov Alexander Sergeevich — the deputy head of own safety of the Governance FPS Russia of the Udmurt Republic, the adjunct of the Research Institute FPS Russia (Izhevsk), info@udmfsin.ru.

In the article the concept of information-analytical system of risk assessment mass riots in prison based on the artificial neural network. As a theoretical framework is proposed to use the model of a phase transition in the social system.

Riots; phase transition; artificial neural network; a correctional facility

Galiakhmetov M. R., Kalugina N. G. The Timing of the Inquiry: Some Aspects The article describes the feasibility of improving the timing of the inquiry in criminal cases.

Galiakhmetov Marat Ravilyevich — the assistant professor of the Criminal Law and Process Chair Kalashnikov Izhevsk State Technical University, PhD in law (Izhevsk), Mgaliahmetov@mail.ru.

Kalugin Nadezhda Gennadievna — the professor of the Criminal Law of the Izhevsk Institute (branch) of the All-Russian State University of Justice, PhD in law (Izhevsk), iif@rpa-mjast.ru.

Date of inquiry; simplified procedure of inquiry; the timing of the renewal of criminal proceedings; an exclusive period of the inquiry

Levchenko O. V., Mishchenko E. V. Circumstances, Proving and Establishing by Criminal Cases in a Differentiated Criminal-Procedures Forms

Levchenko Olga Vladimirovna — the head of the Criminal Process and Criminalistic Chair of the Orenburg State University, the doctor of law (Orenburg), levchenko195@mail.ru.

Mishchenko Elena Valeryevna — the dean of the Law Faculty of Orenburg State University, the doctor of law (Orenburg), map_1234@mail.ru.

This article is dedicated to research circumstances is subject to prove, and circumstances which characterize some differentiated criminal-procedures’ forms. Differentiation’s definition in a c criminal-procedure and a classification of criminal-procedures forms by essential grounds are suggested. Also interpreting definition and content of ultimate fact in criminal cases and circumstances what typical for researching forms. There are some proposal are submitted for solution of modern differentiations criminal-procedure forms’ problems.

Criminal-procedure form; criminal-procedure form’s differentiation; ultimate fact; circumstances is subject to prove; circumstances which characterize differentiated criminal-procedure form

Shishkin S. S. Characteristics of a Juridical Person — Participant of Russian Criminal Case Procedure

Shishkin Sergey Sergeevich — the head of the Criminal Law Chair of the Izhevsk Institute (branch) of the All-Russian State University of Justice, PhD in law (Izhevsk), shishkinsergey@mail.ru.

The article considers the juridical person in the Russian criminal procedure. It is noted that in the code there is no concept of a legal entity, although it is an active participant of the criminal process. Attention is drawn to the fact that the organization becomes a juridical person after registration. The law does not define the time of occurrence of the criminal-procedural legal capacity of a juridical person.

Criminal case procedure; juridical person; organization; state registration