Bulletin 4-2015

Вестник №4-2015 (Download)

№ 4 / 2015

 

Alexandrova O. I. Achievements Followers All-Union Institute for Advanced Training of Employees of Justice in Educational and Scientific Activities — the Key to Successful Development All-Russian State University of Justice

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

Geikhman V. L. Milestones in the Formation and Development of the All-Russian State University of Justice

Geikhman Vladimir Lvovich — the president of the All-Russian State University of Justice, the academician of International Academy of Sciences and the Russian Academy of Natural Sciences, the honored lawyer of the RSFSR, PhD in law, theprofessor (Moscow), trudpravo@rpa-mu.ru.

Karpov N. N. To the Question of the Creation of the Institute of Military Priests in the Troops of the Russian Federation

Karpov Nikolay Nikolaevich — the head of the Common Problems of Prosecutorial Supervision Overthe Implementation of Federal Legislation and the Participation of the Prosecutor in the Civil and Arbitration Proceedings Chair of the Academy of General Prosecutor’s Office of the Russian Federation, of General Prosecutor’s Office of the Russian Federation, the doctor of law, the professor (Moscow), nnkarpov@yandex.ru.

The article considers the problems of creation in the troops of the Russian Federation Institute of military priests, the availability of funding (by prior agreement) to the organization of spiritual-moral, patriotic and educational work in the army of the Russian Federation the Russian Orthodox Church and clergymen of other confessions.

Patriotic and educational work; troops of the Russian Federation; organization of activities of military priests

Kapitanova Y. S. Convention for the Protection of Human Rights and Fundamental Freedoms and the Problems of the Death Penalty in the Russian Federation

Kapitanova Yuliya Sergeevna — the post-graduate of the Constitutional and Municipal Law Chair of the All-Russian State University of Justice (Moscow), Rpa-408@mail.ru.

This paper is devoted to the analysis of the Russian legislation in the field of protection of the right to life in relation to the standards of the Council of Europe and analyzing the possibility of the death penalty in the Russian Federation.

Personal rights; right to life; the Council of Europe; the Constitutional Court of the Russian Federation; the European Convention on Human Rights

Shabarshova O. A. Features of the System of Land Taxation in 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 author considers the tax system in Germany. In this article the author is considered “financial constitution” of Germany, analyzed the features of the distribution of tax revenues in Germany, given the characteristics of a three-stage system of budgetary leveling.

German tax system; principles of construction; administration; land; the system of budgetary leveling

Gushchin V. V. Legal Entity — a Special Civil Legal Construction

Gushchin Vasily Vasilievich — the professor of the Civil Law Chair of the All-Russian State University of Justice, the doctor of law, the professor (Moscow), kafedra38@yandex.ru.

Analysis of the three theories about the nature of the legal entity has allowed the author to consider the legal entity as the instrumental and institutional education, indicating functional and dynamic aspect of civil turnover. Also in this article, the author of the legal definition of a legal entity, which gives the legislator distinguishes the characteristics of a legal entity. The article also presents the regulatory classification of fixed entities using different criteria. So the legislature allocates corporate and unitary, public and non-public entities. At the same time, the traditional classification of legal entities by the legislator on commercial and non-commercial has changed. Amend the list of commercial organizations and a list of non-profit organizations become closed.

Legal entity; civil-law construction; civil law; the classification of legal entities

Kameneva Z. V. Protection of Subjective Rights of Citizens to Health Help

Kameneva Zoryana Viktorovna — the head of the Civil Law Chair of the All-Russian State University of Justice, PhD in law (Moscow), kafedra38@yandex.ru.

The article is devoted to the classification methods to protect the rights of citizens to health help. As part of the article analyzes the relationship of the right to defense and the right to health and medical help.

Protection of rights; the right to defense; the right to health; medical help; medical services

Astapova T. Y. Legal Nature of the Exclusive Right to the Result of Intellectual Activity and Means of Individualization as an Object of Foreclosure in the Execution Proceeding

Astapova Tatiana Yuryevna — the assistant professor of the Civil Law Chair the All-Russian State University of Justice, PhD in law (Moscow), Astapova.t@mail.ru.

The article reveals the exclusive right to the result of intellectual activity and means of individualization as a separate category in the civil law system, which requires fixing a special foreclosure mechanism as part of the execution proceeding.

Result of intellectual activity and means of individualization (intellectual property and brand); the exclusive right (monopoly, brand); foreclosure; execution proceeding

Bondarenko À. V. International Legal Norms about Rest Time: Some Aspects

Bondarenko Anna Vladimirovna — the post-graduate of the Employment Law and Social Security Law Chair of the All-Russian State University of Justice (Moscow), bonanna@yandex.ru.

On the basis of analysis of international legal norms and the Russian labor legislation on rest time was done to find a solution of some problems and contentious issues of legal regulation in this area. The problems of enforcement nature that need to be addressed.

International regulation; convention; recommendation; International Labour Organization; rest time

Diamantis G. G. The Employment Contract in Russia and Some Countries of Western Europe and its Peculiarities

Diamantis George Georgios — the post-graduate of the Employment Law and Social Security Law Chair of the All-Russian State University of Justice (Moscow), geo-diamantis@mail.ru.

In this article discusses the general description and peculiarities of the employment contract in Russia and some countries of Western Europe (Germany, Switzerland, Austria, France and Denmark) as one of the most developed European countries in the field of labor.

Employment contract; contract of work and labor; employment agreement; European labor law

Mironova A. N. Characteristic Features of Labor Lawsuits and Distinction of Labor Lawsuits between Individual and Collective Lawsuits

Mironova Alevtina Nikolaevna — the assistant professor 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), ktp-rpa@mail.ru

The article considers the characteristic features of labor lawsuits and distinction of labor lawsuits between individual and collective lawsuits. Author considers the causes of individual and collective labor lawsuits.

Individual labor lawsuits; collective labor lawsuits; classification of labor lawsuits

Rogov I. V. Circumstances that Exclude Material Responsibility of the Employee

Rogov Ivan Vladimirovich — the post-graduate of the Employment Law and Social Security Law Chair of the All-Russian State University of Justice (Moscow), iv-rogov@yandex.ru.

This article is devoted to the investigation circumstances that exclude material responsibility of the employee. As a result of the consideration of each circumstances mentioned above their concept and content uncertainty in the context of labor law science was revealed. Expansion of the list of the circumstances that exclude material responsibility of the employee, along with fixing definitions for each of them at the legislative level was proposed.

Labor law; material responsibility; circumstances that exclude material responsibility of the employee

Smirnova O. V. Some of the Issues Associated with the Establishment of Legally Significant Circumstances in Cases of Reinstatement of an Employee, Fired for Coming to Work Intoxicated

Smirnova Olga Vyacheslavovna — the professor of the Common Problems of Prosecutorial Supervision Over the Implementation of Federal Legislation and the Participation of the Prosecutor in the Civil and Arbitration Proceedings Chair of the Academy of General Prosecutor’s Office of the Russian Federation, PhD in law (Moscow), muza6200@mail.ru.

Article is devoted to some problem of participation of the prosecutor as h. 3 art. 45 of the Code of civil procedure of the Russian Federation in consideration of reinstatement of an employee, fired for coming to work intoxicated. In article the single questions arising in law-enforcement practice, with the assistance of prosecutors in consideration by courts of civil cases of this category are raised.

Prosecutor; dismissal; employee; alcoholic intoxication; reinstatement; legally significant circumstances

Shevchuk O. M. Questions Assessment of Evidence Submitted by the Parties by the Court when Considering Individual Labor Disputes

Shevchuk Oxana Mihaylovna — the federal judge Gagarin district court in Moscow, PhD in law (Moscow), lovezara@yandex.ru.

The article analyzes the problems related to the provision by the parties of labor dispute evidence and assessing this evidence. The author considers the main types of evidence provided by civil procedure legislation, as well as the difficulties arising from the parties in the assembly, and the questions the court evidence in the resolution of individual labor disputes in court.

Court of law; evaluation of evidence; labor disputes; worker

Akimova N. V. The Historical Aspects of Origin and Formation of Society Criminal World

Akimova Natalia Viktorovna — the assistant professor of the Criminal Law and Criminology Chair of the All-Russian State University of Justice, PhD in law (Moscow), a.n.w@mail.ru.

The article examines the emergence and formation of the criminal world of the Russian society. The author believes that social, economic, political and other processes taking place in the society in the process of its development will inevitably affect the criminal world evolution. It is offered the position that the main sources of formation and development of the criminal world of the modern Russian society were professional ordinary crime, economic crime and corrupted representatives of the state nomenclature.

Criminal world; social relations; society; deviant activities; criminality; shadow economy; illegal production; criminalization; corruption

Borsuchenko S. A. Penal Legislation of the Russian Federation: the Gaps and Conflicts

Borsuchenko Svetlana Alexseevna — the assistant professor of the Criminal Law and Criminology Chair of the All-Russian State University of Justice, PhD in law (Moscow), bca38@mail.ru.

The paper analyzes the shortcomings and problematic aspects of the penitentiary legislation of the Russian Federation, as well as propose measures to improve it.

Penal legislation; the criminal correctional system; staff agencies and bodies executing punishment; criminally-executive inspection; convicted

Bryka I. I. Proposals to Improve the Article 166 of the Criminal Code

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 discusses and analyzes the problems arising in qualifying as the act itself, and when sentencing the offender, as well as the legal assessment of emerging contradictions in these cases. The authors analyzed and addressed the issue of the amount of the penalty of imprisonment, appointed by the perpetrator, which in some cases is controversial, in connection with than the author proposes a number of changes in the actual content of the study regulations, and in the size of the punishment. Proposals contained in the article, according to the author can more effectively influence the reaction of the legislator to develop, modify and implement this provision of the criminal law.

Criminal statute; minal law problem; misappropriation; car; other vehicle; object of the crime; the subject; the objective side; the subjective side; intent; theft; absence of signs of theft; qualifications; criminal conspiracy; criminal group; damages; especially large amounts of punishment; penalties; time penalties of consequences; analysis; decriminalization; social justice

Ivanov A. L. Exemption from Criminal Liability of Minors

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

Based on the analysis of practice of application of forced measures of educational influence examines the expediency of their application by relieving the child from criminal liability or punishment. It is proposed to improve the criminal law in this part by differentiating the grounds of exemption from criminal responsibility of minors and the Foundation of such measures.

Exemption from criminal liability of minors; forced measures of educational influence; effectiveness; improvement of legislation and enforcement

Savinov A. V. Some Problems of Legislative Determination and Judicial Interpretation of Legal Defense

Savinov Andrey Vladimirovich — the head of the Kaluga Institute (Branche) of the All-Russian State University of Justice, PhD in law (Kaluga), rpakf@kaluga.net.

The article considers the peculiarities of legal defense institute in the wording of Article 37 of Criminal Code and the decisions of Supreme Court Plenum. The analysis of separate lacks of legislative formulations was conducted and new releases of norms were offered to be included in the article 37 of Criminal Code. The research reveals a number of lacks of judicial interpretation of legal defense norm and suggests ways to resolve the problem.

Legal defense; circumstances, exclusive criminality of act; judicial practice; damnification

Torbin Y. G. Inquisitional Actions at Consideration of Reports about a Crime

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

This article is devoted to the procedure regulating investigative activities, the production of which h. 1 art. 144 of the code of criminal procedure, when considering the reports of the crime. The author reveals clearly enough your procedural investigation procedure, the procedural status of persons involved in the production of these investigations. Suggests ways and means of further improving the procedure regulating investigative activities, the production of which is appropriate in the process of checking crime reports.

Motives, grounds for the institution of criminal proceedings; message about crime; inspector, the interrogator; the Prosecutor; the suspect; the accused; the victim; witness; criminal prosecution; scene, the corpse, documents, items; examination; judicial expertise; samples for comparative study