Bulletin 3-2015

№ 3 / 2015

Bastrykin A. I. Protection of the Constitutional Rights of Citizens as a Fundamental Feature of the Investigative Committee of the Russian Federation

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 emphasizes the special role of the Investigative Committee of the Russian Federation to protect the rights and freedoms of citizens. In order to improve the efficiency of counteraction to crimes, it proposes a number of novels that will contribute to the modernization and improvement of the criminal legislation of Russia.

Constitutional rights of citizens; Investigative Committee of the Russian Federation; the functions of the Investigative Committee of the Russian Federation; protection of the rights of citizens

Kamalova G. G. On Some Problems of Protection of Employees of the Preliminary Investigation in the Course of Events on Information Security

Kamalova Gulfiia Gafiyatovna — the assistant professor of the Civil and Arbitration Process Chair of the Izhevsk Institute of the All-Russian State University of Justice, PhD in Law (Izhevsk), gulfia.kamalova@gmail.com.

The article deals with the problem of protecting employees of the preliminary investigation as carriers of confidential information. The author analyzes the possible ways to achieve physical and information security of staff.

Information security; physical security; security threats; information of limited access; administrative secret; preliminary investigation bodies; state law enforcement

Semenikhina A. Y. A Dispute about the Law and Its Impact on the Courts, Cases Arising from Public Legal Relationships

Semenikhina Anastasia Yurevna — the post-graduate of the Administrative and Financial Law Chair of the All-Russian State University of Justice, the Solntsevskiy assistant to the chairman of the district court of Moscow (Moscow), piminova.nastya@mail.ru.

This article discusses a dispute about the law and its impact on the courts, cases arising from public legal relationships. Critically examines different approaches to understanding the dispute about the law, on what basis it is proposed author’s definition, the concept of separating the dispute about civil law and dispute to an administrative law from the perspectives of the development of administrative justice in Russia.

A dispute about the law; a dispute about the law of civil; dispute to an administrative law; cases arising from public legal relations; the development of administrative justice in Russia

Arsanukaevа M. S. Administrative Reforms in the Mountain Regions of the North Caucasus (the Second Half of XIX — Early XX Centuries)

Arsanukaevа Malikа Sultanovna — the professor of the Business Law, Civil and Arbitration Proceedings Chair of the All-Russian State University of Justice, the doctor of law, PhD in economics (Moscow), az1man2@mail.ru.

The article analyzes the Russian legislation to regulate the process of administrative reforms in the North Caucasus in the second half of XIX — early XX centuries; history of the formation of the controls and administrative-territorial division in the mountain districts of the North Caucasus in the study period; evolution of forms and management policy region.

Administrative reform; mountain region; management policies; the region; the North Caucasus; the territorial division

Demidova I. S. Codified Acts in the System of Legislation

Demidova Irina Sergeevna — the assistant professor of the Theory and History of State and Law Chair of the All-Russian State University of Justice, PhD in Law (Moscow), kafedra_teorii@list.ru.

The article is devoted to the analyses of codified acts, the problem of the priority of the norms of codified acts, use of the rules of legal technique.

Codified act; codex; juridical collision; normative act; the system of legislation; the priority of codified act; legal technique

Shershneva-Tsitulskaya I. A. The Problem of Secularization of Ecclesiastical Assets in Russia in the Late XV and Early XVI Centuries

Shershneva-Tsitulskaya Irina Alexandrovna — the assistant professor of the Theory and History of State and Law Chair of the All-Russian State University of Justice, PhD in Law (Moscow), ktp-rpa@mail.ru.

This article analyzes the historical sources that contain legal information about the seizure of Church lands during the reign of Ivan III and the policy of the Grand Dukes in this issue. The author finds that the actions of the Government of Ivan III cannot be viewed in the legal aspect as the Secularization of church property.

History of State and law of Russian Federation; the Church and the State; church property; secularization of Church assets XV–XVI century

Gareev M. D. On Some Problems of the Institute Pledge of Goods in Circulation at the Present Stage

Gareev Marsel Damirovich — the post-graduate of the Civil Law Chair of the All-Russian State University of Justice (Moscow), Ahill91@yandex.ru.

Pledge of goods in circulation serves as one of the most important measures to ensure fulfillment of the obligations arising from the registration of credit relations arising between banks and commercial organizations. This institution has come a long historical path of development. In connection with a serious reform of the civil legislation of the Russian Federation, at the present stage of its development, there are some problems associated with the theory of pledge of goods in circulation, as well as with the practice of substantive rules governing the institution.

Pledge of goods in circulation; reforming institutions pledge; The concept development of civil law

Kukuev S. Y. Legal Procedural Facts in the Basic Civil Procedural Relations “the Court — the Plaintiff” and “the Court — the Defendant”

Kukuev Sergey Yurievich — the post-graduate of the Business Law, Civil and Arbitration Proceedings Chair of the All-Russian State University of Justice (Zelenogradsky), s-kukuev@mail.ru.

Legal procedural facts institute is one of the most important notions in in civil procedural relations, as it governs the issue of their origin, changing and termination. The dynamics of the proceedings is directly connected to private procedural facts. Analysis of the key procedural relations arising between the court and the plaintiff, as well as between the court and the defendant, will allows us to examine in detail the role of the legal facts and their classification on the basis of the will within a single complex procedural structure — the proceedings in the court of first instance.

Legal procedural facts in the civil procedure; procedural relations; a “court — plaintiff” relationship; a “court — defendant” relationship

Mityai Е. D. Civil-Law Features of Formation the Definition of “Financial Services”: Comparative Aspect

Mityai Elena Dmitrievna — senior teacher of the Сhair of Theoretical and Publicly-Legal Disciplines of the Institute of Economics and Law (affiliate) educational institutions of higher education unions «Academy of Labor and Social Relations» (Sevastopol), emit.75@yandex.ru.

One of the most outstanding aspects of consumer relations now remain relationships with consumers by business entities that provide financial services. Even the definition of “financial services” causes some difficulty in understanding and applying.

Consumer; financial services; contract; the product of Economics and Law

Yablochkina Е. А. On Some Issues of the Right of Superficies within the Concept of Development of Civil Law of the Russian Federation

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

The objective of forming a system of limited real rights to land, Russian science is solved not the first century. A number of national and foreign scientists investigated the history of the Institute of Law building(A. G. Goyhbarg, O. S. Ioffe, A. V. Kopylov), as well as its place in the system (K. I. Sklovsky, E. A. Sukhanov). Today there is a move towards the concept of a single property, but there are no economic or legal prerequisites for legislative consolidation of the concept of “a single property”. There is a contradiction between the concept and a real opportunity to put these ideas into reality.

The right of superficies; Concept development of civil law of the Russian Federation; rent; limited property rights; a single property; the unity of destiny

Barchuk I. V. Institute of Tax Control in Russia: Preconditions for the Introduction and Key Aspects of the Functioning

Barchuk Irina Vadimovna — the post-graduate of the Administrative and Financial Law Chair of the All-Russian State University of Justice (Tula), irina.barchuck@yandex.ru.

From 1 January 2015 entered into force amendments to the Tax code of the Russian Federation, establishing a new form of tax control — tax monitoring. The introduction of tax monitoring is aimed at advanced information cooperation between the tax authority and the taxpayer through the development of understandable, convenient and economically sound tax administration in the provision of public services and improve the level of execution by the taxpayer of the obligation to pay taxes and fees. The article describes the prerequisites for the formation of this Institute in the tax system of the Netherlands, its main characteristics from the point of view of foreign experience. In addition, the article also highlighted key features of the tax monitoring inherent in the Russian legislation.

Tax monitoring; tax control; horizontal monitoring; the tax system of the Netherlands; tax administration

Salomatov D. A. The Decree on the Eight-Hour Working Dayas a First Law of the Soviet Employment Law on the Stage of its Formation

Salomatov Dmitriy Alexandrovich — the post-graduate of the Employment Law and Social Security Law Chair of the All-Russian State University of Justice (Moscow), votamolas@mail.ru.

This article is devoted to the research of promulgation of the Decree on the eight-hour working day. The author analyzes the contradictions of this law, explores their causes, shows the history of the development, enactment and publication of the Decree.

Eight-hour working day; Yuri Larin; working time; Labor Code; The law on industrial labor; period of rest; Council of People’s Commissars RSFSR

Abdulmuslimov M. A. The Practice of Regulation Acts Associated with Raiding, Criminal Law States — Participants of the Commonwealth of Independent States: Comparative Legal Analysis

Abdulmuslimov Mahach Abdulmuslimovich — the post-graduate of the Criminal Law and Criminology Chair of the All-Russian State University of Justice (Moscow), makhach_87@mail.ru.

The article analyzes the norms of responsibility for the raid in the criminal law of the CIS countries as Belarus, Moldova, Kazakhstan and Kyrgyzstan. By using a comparative legal method of research the author examines the similarities and differences in the regulation of the practice of raiding in the criminal laws of these countries and the Criminal Code of Russia. The study, the author identifies the main trends in improvement of Russian criminal law to counter raids.

Criminal Code; raiding; unfriendly mergers; intellectual raiding; transfer of ownership; seizure of land; to bring to insolvency; unlawful criminal proceedings

Balashov S. M. The Helpless State of the Victimand the Criminal Legal Importancein the Pre-Revolutionary Russian Legislation

Balashov Sergey Mihaylovich — the post-graduate of the Criminal Law and Criminology Chair of the All-Russian State University of Justice (Moscow), balashov_sm@mail.ru.

The author examines the historical process of formation of the criminal law construction “state of helplessness” in the pre-revolutionary period. It is noted that certain provisions of the pre-revolutionary national legislation was a prerequisite not only considered the estimated sign, but other rules, which found its reflection in the current Criminal Code of Russia.

Helplessness; right; Russian truth; The Penal Code and Criminal Corrections; Criminal code in 1903

Fomenko E. V. On the Question about the Systematization of the Crimes Related to Bribery

Fomenko Elena Vladimirovna — the assistant professor of the Criminal Law and Criminology Chair of the All-Russian State University of Justice, PhD in Law (Moscow), krasnopeewa@rambler.ru.

The author of the work has conducted an analysis and systematization of crimes related to bribery, therefore basing on this analysis the problems of legislation and law enforcement field have been identified. Moreover the main ways of solution have been marked out.

Bribery; classification; corruption; improvement of legislation and law enforcement practice

Yatselenko B. V. Termination Time of Crimes Provided for in Articles 174 and 174.1 of the Criminal Code of the Russian Federation

Yatselenko Boris Viktorovich — the vice rector for research, the doctor of law, the professor (Moscow), nayka-rpa@yandex.ru.

The article discloses legal nature of legalization (laundering) of money and other revenue gained by criminal means (articles174 and 174.1 of the CC of RF). It subjects to critical assessment the provisions of the resolution of the plenum of the Supreme Court of the Russian Federation dtd. July 7, 2015 № 32 “On legal precedents of cases of legalization (laundering) of money and other revenue gained by criminal means as well as acquisition and salesmanship of assets known to be acquired by criminal means”. It substantiates advisability to clarify termination time of legalization of illegally gained income.

Criminal law; legalization of illegally gained income; interpretation; resolutions of the Plenum of the Supreme Court of the Russian Federation

Maximov A. A. To the Item of Equality of Men and Women in Terms of Equal Access to the Civil Service

Maksimov Alexander Alexandrovich — the dean of the Faculty of additional education, the assistant professor of the State Legal Disciplines Chair of the Northern Branch of the All-Russian State University of Justice, PhD in Law (Petrozavodsk), aleksandr-law@mail.ru.

This article analyzes the gender balance of men and women at the state civil service. Highlights the main trends gender disparities in this area, hypothesized about possible problems and the alleged ways to resolve them.

Gender equality; the civil service; equality regardless of gender; in the civil service; the competitive commission for selection of candidates for the post of civil service

Sklyarova N. D. Public Contract for Further Vocational Educationof Federal Civil Officers: Problems and Ways for Solving Them

Sklyarova Natalya Dmitrievna — the post-graduate of the Administrative and Financial Law Chair of the All-Russian State University of Justice (Moscow), lasovand@yandex.ru.

The process of setting up a public contract for further vocational education of federal civil officers is considered in the paper, problematic points of executing the contract are identified and proposals for optimising organisational, financial, and economical arrangements are put forward.

Public contract; further vocational education; federal civil officers; further training; occupational retraining

Zharkova O. S. Competition Judicial Systems, Institutions and Jurisdictions in Europe

Zharkova Olga Sergeevna — the post-graduate of the Business Law, Civil and Arbitration Process Chair of the All-Russian State University of Justice (Smolensk), os-z@mail.ru

This article discusses the advantages and disadvantages of leading European judicial systems and institutions that affect the attractiveness of national jurisdiction for foreign entities.

Common law; the English system of justice; the Roman-Germanic law; the Ministry of Justice of Germany

Uskova T. V. Legal Regulation of the Procedures for Approval of the Bankruptcy Trustee in Insolvency Proceedings under the Legislation of Russia and Germany

Uskova Tatiyana Vladimirovna — the post-graduate of the Commercial Law Chair of the St.-Petersburg State University, the teacher of the Civil Law Chair of the Vologda Institute of Law and Economy of the Federal Penitentiary Service (Vologda), u_tatiana@bk.ru.

The author makes a comparative analysis of legal regulation of the procedure of approval of the bankruptcy trustee to the insolvency legislation of Russia and Germany, makes the conclusion about the necessity to increase the role of the arbitration court in the procedure for approval the bankruptcy trustee, makes proposals on improving the Russian legislation in this area.

Insolvency (bankruptcy); approval of the bankruptcy trustee; self-organization; the Law on insolvency (bankruptcy); Regulation on insolvency Germany