Bulletin 3-2016

Вестник №3-2016 (Download)

№ 3 / 2016

 

Bastrykin A. I. The Monograph “About Morality of Punishment” by Professor I. M. Ragimov as a Fundamental Criminological Investigation

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.

Dashkov G. V. Review of the Monograph by A. I. Bastrykin “Dactyloscopy. Signs of a Hand”

Dashkov Gennadiy Vladimirovich — the professor of the Criminology and Criminal Executive Law Chair of the Kutafin Moscow State Law University (MSAL), the doctor of law, the professor (Moscow), KUIP@msal.local.

Kruchinina N. V. Review of the Monographic Research by A. I. Bastrykin “Dactyloscopy. Signs of a Hand”

Kruchinina Nadezhda Valentinovna — the professor of the Criminalistics Chair of the Kutafin Moscow State Law University (MSAL), the doctor of law, the professor (Moscow), KAFKRIM@msal.local.

Rossinskaya E. R. Review of the Book by Doctor of Juridical Science, Proffesor A. I. Bastrykin “Dactyloscopy. Signs of a Hand”

Rossinskaya Elena Rafailovna — the head of the Forensic Examinations Chair of the Kutafin Moscow State Law University (MSAL), the doctor of law, the professor (Moscow), KSE@msal.local.

Samishchienko S. S. Review of the Monograph by A. I. Bastrykin “Dactyloscopy. Signs of a Hand”

Samishchenko Sergey Stepanovich — a lifelong full member of International of association for Identification (IAI), the doctor of law, PhD in medical, the professor (Moscow), ise@msal.ru.

Arsanukaeva M. S. Administrative divisions of Crimea in the Russian Empire (1783–1917 years)

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 reveals the main stages and features of administrative-territorial division of the Crimea to the Russian Empire. Throughout the study period, celebrated the administrative structuring process. As a result, by 1917 territorial units in the Crimea were: province, counties, townships, towns, villages. The management policy of the government, as well as in other suburbs of the Russian state, combined centralism and regionalism.

Russia; Turkey; the Crimea; the contract; territorial division; province; state; county; city governor

Demidova I. S. The Concept of Legal Tradition in Comparative of Law and Problems of Typology of National Legal Systems

Demidova Irina Sergeevna — the assistant professor of the Theory, History of State and Law and Philosophy 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 the concept of legal tradition as an object of comparative law researches, correlation of legal tradition and national legal system, scientific approaches to the typology of legal traditions in Russian and foreign science of comparative law.

Legal tradition; national legal system; macrocompare; typology of legal systems; comparative of law

Lobyreva N. S. Problems of Formation and Development of the Judiciary Bryansk Province (1920–1926 years)

Lobyreva Nataliya Sergeevna — the postgraduate of the Theory, History of State and Law and Philosophy Chair of the All-Russian State University of Justice (Moscow), lobyreva_n@mail.ru.

This article examines the problems of formation of the judiciary in Bryansk province in 1920–1926. The author based on archival material explores the process of organization and development of the judicial system and legal proceedings.

Judiciary; the Bryansk province; history of development; problems of jurisdiction; the judicial system and legal proceedings

Nikitin P. V. Organizational and Legal Bases of Activity Trustee Committee of the Russian Ministry of Justice During the First World War

Nikitin Pavel Vladislavovich — the assistant professor of the Theory, History of State and Law and Philosophy Chair of the All-Russian State University of Justice, PhD in law (Moscow), nikitinP2007@yandex.ru.

The author of article opens organizational and legal bases of activity of Trustee Committee of the Russian Ministry of Justice during the First World War. In work the main activities of committee are considered: creation of hospital, sanatorium for the wounded military personnel, etc.

charitable organization; Ministry of Justice; First World War; A. F. Koni; I. G. Shcheglovitov

Bolshakova D. K. Territorial Division of the Commonwealth of Australia

Bolshakova Darya Konstantinovna — the post-graduate of the Constitutional and International Law Chair of the All-Russian State University of Justice (Moscow), bolshakova.d.k@gmail.ru.

The article introduces a close-up of territorial division of the Commonwealth of Australia with consideration of the specifics of legal status of states and territories. It also touches upon the problems of asymmetry in federation, secession of the states, acquiring legal status of a state by a territory and presents classification of constituent parts of the federation.

The Commonwealth of Australia; states; territories; legal status; secession

Nevskaya E. A. The Concept and Basic Principles of Activities of Non-governmental Organizations

Nevskaya Emiliya Alexandrovna — the post-graduate of the Constitutional and International Law Chair of the All-Russian State University of Justice (Moscow), emilia.nevskaya@mail.ru.

Protecting human rights and freedoms greatly depends on the participation of representatives of civil society, therefore, the important role is played by organizations, characterized by independence from the state, with the non-state (non-governmental) non-profit nature. Since the main scope of activities of non-governmental organizations is to protect the constitutional rights and freedoms of the individual, they are the link between civil society and government. In the presented article author analyzes the documents containing of the fundamental principles of activities of non-governmental organizations. Based on the research the author proposes to organize and highlight the fundamental principles, formulated their characteristics.

Human rights non-governmental organizations; fundamental principles; the practice of the European countries; civil society

Smirnova M. V. Legal Consequences of Nullity of a Deal in German Civil Law

Smirnova Marina Vladimirovna — the post-graduate of the Civil and Business Law Chair of the All-Russian State University of Justice (Moscow), smirnowa.m.w@gmail.ru.

The article is devoted to the legal regulation of consequences of insignificant deal in German Civil law. The author considers the common rule as failure of consequences the parties wanted to have and such consequences of insignificance, restitution, the right of the good-faith party to demand compensation of losses and special consequences for continuing obligations. Special attention is given to such issues as parties’ possibility to influence on the legal consequences of void deal, absolute and person-related effect of insignificant deal.

Nullity of the deal; legal consequences; german law; Bürgerliches Gesetzbuch

Surnina O. S. The Concept of the Weak Party in Business Contracts

Surnina Olga Sergeevna — the post-graduate of the Civil and Business Law Chair of the All-Russian State University of Justice (Moscow), bigapple@bk.ru.

The article considers the concept of weak parties in civil law contracts with entrepreneurs. The author presented a study about attributes of the weak side of the business contract, based on the study of the legal framework and the position of the courts dealing with the selected theme. The analysis formulated signs of weak side of the business contract, taking into account that it should be legal regulation by the protection of the weak party in the contract.

The weak side; signs of weaknesses; entrepreneur; forced annexation; bargaining possibilities; vague contractual terms

Bushuyev I. S. The Collective Agreement as an Essential Tool of Social Partnership

Bushuyev Igor Sergeevich — the senior investigator of the department of the Russian Interior Ministry in the “Savelovsky” district, the major of justice (Moscow), bushuev@yandex.ru.

The article analyses the main problems by collectively and contractual regulation of labour relations at the present stage. The author focuses on the collective agreement as crucial local normative legal act.

Labor law; collective agreement; social partnership

Volkova O. N. The Characteristics of the Main Annual Paid Leave as an Elongated Type of Vacation Time

Volkova Olga Nikolaevna — the head of the Faculty of Law of the Educational Institution of the Trade Unions of Higher Professional Education “Academy of Labor and Social Relations”, PhD in law, honored lawyer of the Russian Federation (Moscow), decan.uf@yandex.ru

The article analyzes the place of the annual basic extended paid leave in the system of vacation under the labor legislation of Russia, highlights its specific features, formulates the definition.

The right to vacation; vacation; rest time; annual basic paid leave; annual basic extended paid leave

Zvecharovsky I. E., Saidov M. O., Yatselenko B. V. The Legal Nature of Insignificant Action

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.

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.

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

The article reveals the peculiarities of the legal nature of insignificant actions in the Russian criminal law. Opinions of researchers on the application of the norms Part 2 of Article 14 of the Criminal Code are subjected to critical evaluation; authors propose interpretation of the concept of “petty offense”. The addition of Chapter 11 of the Criminal Code with independent kind of exemption from criminal liability for petty crime is substantiate.

Crime; the criminal wrongfulness; petty offense; a minor offense; release from criminal liability

Zvonov A. V. Subjectivism As a Factor Influenced the Content of Criminal Punishment

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

The article considers the questions of factors that determine the content of punishment of criminal penalties. Among others the author highlights the subjective nature of the factors that influence the order of execution and serving of the sentence imposed for the period of its course. These subjective factors, according to the author, the ratio of employees are executing criminal punishment to the convicts and the perception by the convicted criminal penalties imposed on him.

The system of criminal penalties; the content of punishment; subjective factors; employee convicted perception

Knyazev A. D. Criminal Liability of Legal Persons: Arguments “for” and “against”

The article attempts to consider the prospects introduction in the legislation of the Russian Federation of the institute of criminal liability of legal entities by means of a comprehensive analysis of the arguments from supporters and opponents of possible innovation.

Criminal liability; legal entity; crime committer; guilt

Nasimov G. A. Victimization Factor and its Legal Assessment in Cases of Murder

Nasimov Gennadiy Asafovich — the assistant professor of the Criminal Law and Criminology of the All-Russian State University of Justice, PhD in law (Moscow), pravorf@gmail.com.

The article is devoted to victimological prevention of murders. The article explores the relationship between the offender and the victim, estimates the role of victim is in the crime, highlightes the types of victim behavior.

Victimological prevention; murder; victim; victimal behavior; victimization factor; types of victimal behavior

Fasolya P. V. International Standards and their Application to Punishment without Isolation from Society, Connected with Obligatory Attraction of the Convict to Work

Fasolya Polina Viktorovna — the post-graduate of the Criminal Law and Criminology Chair of the All-Russian State University of Justice (Moscow), aleanora1992@mail.ru.

The article concentrates on peculiarities of legal nature and implementation model of certain types of punishment without isolation from society, connected with correctional labor impact on the convict. The author examines the compliance of these punishments with principles of respect for human rights and fundamental freedoms and makes suggestions for optimizing their content in light of international standards for treatment of offenders.

Criminal liability; criminal penalties; mandatory and corrective work; forced labour; restriction of freedom; probation with mandatory involvement of the sentenced to labour

Solomatina A. A., Baranov A. A., Denisov N. L. Preventing the Illicit Trafficking of Weapons by the Police

Solomatina Elena Aleksandrovna — the assistant professor of the Criminology Chair of the V. Ya. Kikot’ Moscow University of the Ministry of Internal Affairs of the Russian Federation, PhD in law (Moscow), kadarka777@mail.ru.

Baranov Alexander Alexandrovich — the assistant professor of the Criminology Chair of the V. Ya. Kikot’ Moscow University of the Ministry of Internal Affairs of the Russian Federation, PhD in law (Moscow), baranoff75@mail.ru.

Denisov Nikolay Leonidovich — the assistant professor of the Criminology Chair of the V. Ya. Kikot’ Moscow University of the Ministry of Internal Affairs of the Russian Federation, PhD in law (Moscow), nikolad@ya.ru.

The article is devoted to one of the most important criminological problems related to the activities of lawenforcement bodies in the pre-Prevention of illicit arms trafficking. The paper discusses the internal affairs bodies from a position as a subject of legal control over the circulation of weapons, and the subject of preventing the offenses.

Bodies of internal affairs; crime prevention; drug (legal) arms trafficking; prevention of illicit trafficking in arms; ammunition and explosives

Belyavsky A. A., Bryukhanov N. N., Komendantova E. V. Some Results about Scientific and Pedagogical Activity of Information Law

Belyavsky Alexey Anatolievich — the post-graduate of the Informational Law, Information and Mathematics Chair of the All-Russian State University of Justice (Moscow), (bons007@mail.ru).

Bryukhanov Nikolay Nikolaevich — the post-graduate of the Informational Law, Information and Mathematics Chair of the All-Russian State University of Justice (Moscow), 9031995109@mail.ru

Komendantova Elena Vladimirovna — the post-graduate of the Informational Law, Information and Mathematics Chair of the All-Russian State University of Justice (Moscow), elenasochi_@mail.ru.

The purpose of this article is to describe the structure of basic focus area of scientific and pedagogical activity which is of particular interest to educational specialists and teachers involved in postgraduate training by 12.00.13 “Information Law” specialty. Preparation of masters as the previous postgraduate training stage carried out under the “Information Law and Information Security” program. The Informational Law, Information and Mathematics Chair has developed new educational materials for the training of masters by such disciplines like “Actual problems of information law”; “Problems of legal regulation of relations in the Internet”; “Monitoring of legal information”; “Legal information security”; “Forensic”; “International aspects of information law”; “E-justice”; “Electronic publishing and journalism”; “Electronic record keeping” and others.

Information law; information security; information resources; systems and technology; Internet; masters and PhD students; information services; principles of Information law; distance training

Bratashova Y. A. To the Question of Understanding Administrative Procedures

Bratashova Yulia Aleksandrovna — the assistant professor of the Administrative and Financial Law Chair of the All-Russian State University of Justice, PhD in law (Moscow), yuliankas@mail.ru.

Analyzing questions of understanding administrative procedures. Discussing the problem of development the federal law “About administrative procedures”.

Procedure; administrative procedure; legal procedure; types and classification of administrative procedures; the law “About administrative procedures”