Bulletin 4-2016

Вестник №4-2016 (Download)

№ 4 / 2016

 

Sysoev V. D. Imperial College of Jurisprudence

Sysoev Vyacheslav Dmitrievich — the state counselor of Justice of the Russian Federation, 2nd class, the teacher of the Advocatship Chair of MGIMO-University (Moscow), advokat@mgimo.ru.

The author is using the example of the imperial College of Law to disclose the system to make judges and executives ready and to analyze the condition of both legislation and judiciary of Russia.

Legislation of Russia; jurisdiction; judicial personal; prince Oldenburgsky; education

Aleksandrova E. V. Secession and the Right of the Nations (Peoples) to Self-Determination

Aleksandrova Elena Valeryevna — the assistant professor of the of the Constitutional and International Law Chair of the All-Russian State University of Justice, PhD in law (Moscow), Aleksandrova09@mail.ru.

The author of the article describes and discusses the questions of the realization of the right of the Nations (peoples) to self-determination by means of procedure of carrying out secession.

Secession; the people; the nation; self-determination; the adoption of new subjects of the Russian Federation; subject of federal State; federal State; change of structure of State

Bolshakova D. K. Status and Role of Peak Intergovernmental Organizations in 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.

Effective cooperation of different levels of government is a guarantee of a solid and stable federation. Intergovernmental organizations are key instruments of providing of collective position in order to assist crossjurisdictional dialog and productive work. In the article two major Australia’s intergovernmental organizations, their structure and interaction are examined on the first approximation. Their existence and functioning reflect specific character of the federal system of the Commonwealth of Australia.

The Commonwealth of Australia; intergovernmental organization; intergovernmental relations; COAG; CAF

Larichev A. A. Evolution of the Forms of Territorial Organization of Local Government in Cities: the Canadian Experience

Larichev Alexander Alekseevich — the assistant professor of the Administrative, Financial and Information Law Chair of the Northern Institute (branch) of the All-Russian State University of Justice, PhD in Law (Petrozavodsk), alexander.larichev@gmail.com.

This article discusses the dynamics of territorial organization of local government on the city level in Canada. Based on the analysis a conclusion is made on the preferential use of amalgamation of municipalities as a tool in order to avoid problems and improve the efficiency of solving local issues. However, the Canadian experience is rich in other territorial forms of local issues management. Their study can promote the use of best practices and eliminate errors in the organization of local government in urban areas in Russia.

Local government; territorial organization; management of cities; experience of Canada

Fomichenko M. P. On the Mechanism of Action of the Constituent Power Established in the Russian Federation

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

The article discusses issues related to the order of actions in the Russian system of government, under the jurisdiction of the constituent functions. Examines the place and role in this system of RF President, RF Government, the Parliament and its constituent entities, the constitutional Court of the Russian Federation and the constitutional Assembly. Formulates proposals for the improvement of the mechanism of action of the prescribed constituent power.

Set of constituent power; the multinational people of the Russian Federation — the Russian nation; a Constitutional Convention; popular vote

Kozlova E. B. Conceptual Bases of a Risk-Based Approach in the Exercise of State Control (Supervision) in the Field of Participatory Construction

Kozlova Elena Borisovna — the director of the Center for Scientific Research of All-Russian State University of Justice, the doctor of law (Moscow), kozlova@urexpert.ru.

On the basis of experience of the implementation of risk-based approach in the implementation of certain types of state control (supervision) conclusions about the possibility of forming an integrally-conditioned method of determining the level of risk of developers using the originally static risk assessment system followed by the application of a dynamic system. Suggestions regarding complex criteria for the classification of control subjects (supervision) in the field of participatory construction.

State control (supervision); share building; riskbased approach; the risk of the developer; criteria for classification of developers; determine the risk level of the builder method

Nikiforova Y. Y. On Some Aspects Formation of the Legal Institution Real Estate Complex

Nikiforova Yana Yurievna — the postgraduate of the Civil and Business Law Chair of the All-Russian State University of Justice (Moscow), nikiforova-yana@mail.ru.

Despite the fact that a single real estate complex is introduced as far back as 2013, at the moment there are still many issues requiring legal settlement for it’s more effective practical use.

State control (supervision); share building; riskbased approach; the risk of the developer; criteria for classification of developers; determine the risk level of the builder method

Saenko L. V. The Concept and Content of the Mechanism of Formation of Structure of Family-Legal Space of the Commonwealth of Independent States

Saenko Lyudmila Vladimirovna — the head of the of the Civil Law and Procedure Chair of the Povolzhsky Institute (branch) of the All-Russian State University of Justice, PhD in law (Saratov), kafedra.rpa@yandex.ru.

In the article the author raises topical issues of establishing an effective mechanism for structure formation of single legal space of the Commonwealth of Independent States in the sphere of normative regulation of family relations. Proposed author’s vision of concept and composition of the mechanism, identifies its substantial characteristics. In order to implement and improve family law in the post-Soviet space, the author considers necessary the use of adequate modern geopolitical situation of organizational measures, measures information measures aimed at ensuring the unity of legal space; the adoption of the model of the Family code; formation of integral system of inter-state bodies, in particular, of the coordinating Council on issues of legal protection of the family and family rights of citizens of the CIS.

Family; family relationships; family law; improvement of the family legislation; the mechanism of formation of the legal space

Okhotnikov I. S. Statutory Insurance Civil Liability of Health Workers as an Effective Mechanism for the Implementation of the Right to Compensation for Harm Caused During in the Delivery of Health Care Services

Okhotnikov Igor Sergeevich — the postgraduate of the Civil and Business Law Chair of the All-Russian State University of Justice (Moscow), okhotnikov33@gmail.ru.

In this article come under review the mandatory civil liability insurance for entities which provide health services as an effective mechanism for the implementation of the right to compensation. Explored the effect of legal regulation on the possibility of introducing this mechanism. It sets out the views of a number of authoritative authors as supporting the idea of introducing compulsory insurance mechanism, and opponents of this idea. In conclusion, I present arguments in favor of the introduction of compulsory mandatory civil liability insurance for entities which provide health services.

Civil law; tort; compensation for damages; insurance; civil liability

Akimova N. V. Criminal Policy and its Role in the Mechanism of Counteraction to the Criminal Sphere

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

In article the questions devoted to the phenomenon of criminal policy are considered. The author focuses attention on unusual pithiness of this phenomenon. The analysis of the different points of view about the maintenance of this phenomenon, its value and the ratio with adjacent concepts is provided, judgments concerning the role of criminal policy in the mechanism of counteraction to the criminal sphere express.

Criminal policy; the criminal sphere; the state ideology; state policy; legal policy for the criminal sphere; criminal law

Belotserkovsky S. D. General Principles of the Fight Against Organized Crime

Belotserkovsky Sergey Dmitrievich — the professor of the of the Chair of Prosecutor’s Supervision over Execution of Laws in the Operational-Search Activity and the Participation of the Prosecutor in Criminal Proceedings of the Academy of the R. F. Prosecutor General’s Office, PhD in law (Moscow), S-belot2012@yandex.ru.

The paper formulates and discusses the General principles of the fight against organized crime. Analyzes the component provisions of the Constitution of the Russian Federation and international legal instruments on the fight against organized crime. Proposals aimed at optimization of legal regulation of combating organized crime.

Fight against crime; organized crime; general principles; constitutional principles; international legal framework; criminology

Borsuchenko S. A. Alternatives to Imprisonment and Punishment without Isolation from Society: the Concept and Content

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 article analyzes the provisions of the international instruments that reveal the concept and content terms such as alternatives to imprisonment, and punishment without isolation of convicts from society, according to scientists on the merits of the issue, and expressed the author’s own position, which is important due to deficiencies in the legal regulation of criminal-executive legislation of the Russian Federation.

International standards; law; criminal law; offenders; alternatives to imprisonment; punishment without isolation from society condemned

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

Naumov A. V. About the National Schools of Criminal Law in the Union of Soviet Socialist Republics

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

The article analyzes the existing in the Soviet criminal legal space of the national schools (on the examples of Ukrainian SSR, the Byelorussian SSR, Kazakh SSR, Azerbaijan SSR).

School law; criminal law; criminal code; penal code

Torbin Yu. G. Survey as Urgent Investigative Actions

Torbin Yury Grigorievich — the professor of the of the Criminal Procedure and Criminalistics Chair of the All-Russian State University of Justice, the doctor of law (Moscow), torbinug@rambler.ru.

This article is devoted to analysis of survey research problems of production in terms of attributing it to the urgent investigative actions, of which is possible both before and after the criminal case, as well as study the possibility of its implementation, not only the body of inquiry, but also other subjects of Evidence.

Examination; urgent investigative actions; the body of inquiry; investigator; criminal proceedings; crime jurisdiction; investigative jurisdiction

Levchenko O. V., Mishchenko E. V. Circumstances, Proving and Establishing by Criminal Cases in a Differentiated Criminal-Procedures Forms (End. Starting at number 2 / 2016)

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 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

Leshchuk S. P., Lukashov A. I., Rummo O. O. Legal Regulation of Organ and Tissue Transplants in Republic of Belarus

Leshchuk Sergey Petrovich — the head of the “One Transplant Registry” Centre of organ and tissue transplantation, PhD (Minsk), spldonor@tut.by.

Lukashov Alexey Ilyich — the assistant professor of the Criminal Law Chair of the Law Faculty of the Belarusian State University, PhD in law (Minsk), a_lukashov@tut.by.

Rummo Oleg Olegovich — the Head of the RSPC “Transplantation of organs and tissues”, doctor of medical sciences, professor (Minsk), olegrumm@tut.by.

The article is devoted to the issues of legal regulation of organ and tissue transplantation in Belarus. Analyzed of the regulatory framework from 1993 to the present time. It was found that the increase in the number of organs donation and transplantations accompanied by simultaneous improvement of the regulatory framework. Concluded that the legal regulation of national legislation in the field of organ donation and transplantation of human organs and tissue contributes to the further progressive development of the national transplantation and providing the high-tech medical care of the Republic of Belarus.

Legal regulation; the regulatory framework on transplantation; organ and tissues transplantation; organs and tissues explantation; brain death

Bratashova Y. A. State Control (Oversight) as a Function of the Executive Power

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 the meaning of terms “control” and “oversight”. Discussed the draft Federal law “About state and municipal control (oversight) in the Russian Federation”.

The terms “control” and “oversight”; control and oversight activities of the Executive agencies

Nekhay A. A. Order of Interaction of the Federal Tax Service and the Federal Bailiff Service in the Execution of Executive Documents

Nekhay Alan Adamovich — the postgraduate of the Civil Procedure and Organizations Bailiff Service of the All-Russian State University of Justice (Moscow), alannkhy@gmail.com.

The author explores the order of interaction of the Federal Tax Service and the Federal Bailiff Service in the execution of executive documents. Author also analyzes legislation regulating the interaction of the Federal Bailiff Service of Russia and the Federal Tax Service of Russia.

Bailiff; the tax authority; seizure of funds; administrative proceedings; executory process; enforcement proceedings for the recovery; the taxpayer

Dazmarova T. N. Cooperation Between Federal Penitentiary Service and Federal Bailiffs Service During in the Process a Forced Execution of Court Verdicts

Dazmarova Tatiana Nikolaevna — the assistant professor of the Administrative and Financial Law Chair of the Law Faculty of the Academy of the Federal penitentiary service of Russia, PhD in law (Ryazan), dazmar@yandex.ru.

This article discusses the problems of interaction of the Federal penitentiary service of Russia and the Federal bailiff service of Russia in the process of enforcement of judicial decisions. Identified the need for close cooperation between the two services, and also highlights its direction. Describes the main interdepartmental normative documents regulating joint activity of the Federal penitentiary service of Russia and the Federal bailiff service of Russia. It identifies topical problems of theory and practice that arise in the process of enforcement of court decisions. Proposed a number of measures to improve the existing legislation with the aim of eliminating the identified problems.

Cooperation; cooperation problems; criminal and executive system; FPS of Russia; FBS of Russia; a forced execution of court verdicts; imprisonment; compulsory works; corrective works; employment of convicts

Rudov A. Y. On the Question of Responsibility for Non-Procedural Appeals to Court

Rudov Anton Yurievich — the post-graduate of the Civil Procedure and Organizations Bailiff Service of the All-Russian State University of Justice (Moscow), antony.r.law@gmail.com.

The article considers the issue of the need to consolidate the various forms of legal responsibility for the direction of the non-procedural appeals to court. The author presented the classification of nonprocedural appeals different purpose and content to resolve the question of the imposition of sanctions or refusal of attraction for that, which is based on the study of the legal framework and the position of the courts dealing with selected topics. As a result of the author’s analysis of allocated non-procedural appeals, aimed to put pressure on the court, which must be enter the responsibility and identified the type of complaints, legal responsibility for that should not be appointed.

Non-procedural appeals; legal responsibility; the principle of judicial independence; non-interference in the court activity