Annotations №1 / 2010
LAW AND FACTUAL CIRCUMSTANCES
Taribo Ye. V. (Saint-Petersburg) On the question of establishing and research of factual circumstances in constitutional proceedings (on the example of taxation)
The author displays the importance of establishing and research of factual circumstances in constitutional proceedings using concrete examples. He represents the cases where such an actions are necessary.
Key words: constitutional proceedings, factual circumstances, examination of constitutionality, tax regulation, tax law
COMPARATIVE JURISPRUDENCE
The problems of comparative jurisprudence in the sphere of criminal law of Russia and Finland
In the conversation of I. Ya. Kozachenko (Yekaterinburg) and Ya. Koistinen (Finland, Oulu) the peculiarities of the Russian and the Finnish criminal law are discussed, the comparison of criminal legislation of these countries is made.
Key words: comparative legal method, legal systems, sources of criminal law, criminal law, precedent, economical crimes, criminal responsibility of legal persons
INTERNATIONAL LAW
Mazhorina M. V. (Moscow) International trade law and lex mercatoria
The article is devoted to the problem of international and transnational trade relations regulation. International trade phenomena is conditioned by the composite nature. The author in detail analyzes international trade law and lex mercatoria as a different levels of the international trade normative system.
Key words: international trade law, lex mercatoria, international trade, transnational trade relations
Smbatyan A. S. (Moscow) The impact of conflict interpretation and practice of «convenient court» selection on a system of international law unity
The article is devoted to the impact of fragmentation of international law on activity of international judicial bodies. The author considers the cases of conflicts of interpretation and «forum shopping».
Key words: fragmentation of international law, international judicial bodies
Shesteryakova I. V. (Saratov) The ways of labour legislation of EurAsEC states harmonization
The author discusses the problem of labour legislation of EurAsEC states harmonization and substantiates the need of this work in three basic ways.
Key words: EurAsEC states, harmonization, unification, labour legislation, international labour norms
LOCAL SELF-GOVERNMENT AND MUNICIPAL LAW
Kozhevnikov O. A. (Yekaterinburg) About municipal service post registry in subject of the RF
The author shows that municipal service post registry approved by subject of the RF law should include all variants of posts that municipal entities can facilitate in compliance with federal legislation.
Key words: municipal service post, municipal service post registry, the Constitution of the RF, municipal authorities, legislation on municipal service
ECONOMICS AND LAW
Panteleev V. Yu. (Moscow) Problems of legal regulation of consumers' market sphere effectiveness increase
Brief overview of legislation in the sphere of production and realization of goods, works and services is given. The author estimates the effectiveness of consumers' market legal regulation from the viewpoint of public defence of common interests, suggests systematic changes in this legislation.
Key words: consumers’ rights protection, private legal relations, public legal relations, complex approach
CIVIL LAW AND PROCEDURE
Tomilov A. Yu. (Chelyabinsk) Participation of a physical person in the protection of somebody else’s rights and interests in the civil procedure
The citizen realizes his rights independently but in a number of cases the legislation allows the possibility of his rights protection by other persons. The article expands the concept of the «interested person» who may act to defend other person.
Key words: physical person, protection of somebody else’s rights and interests, interested person, procedural interest, civil procedure
ADMINISTRATIVE LAW AND PROCEDURE
Osintsev D. V. (Yekaterinburg) About forms of state administration
The author suggests to use organizational and activity approach towards forms of state administration research and arguments the need of refuse from common division of administration forms on legal and non-legal, affirms that any administrative action subordinates to general rules of social activity analysis and doesn’t have specific typological characteristics.
Key words: state administration, administration forms, procedure, administrative planning, methods of administrative commands execution
Chupris O. I. (Belarus, Minsk) Reorganization of system of administration authorities’ in the public service sphere of the Republic of Belarus
The article is devoted to the analysis of actual system of directing by public service of the Republic of Belarus and to prospects of its development. The author suggests to reorganize this system, to organize special administrative body and describes the basic directions of its activities.
Key words: public service, administration authorities’ in the public service sphere, special administrative body
LABOUR AND SOCIAL LAW
Antipyeva N. V. (Оmsk) Legal mechanisms of protection of monetary incomes of citizens from inflation in the sphere of labor and social security
The mechanisms of protection stipulated by the legislation from inflation of monetary incomes of citizens are analyzed. The author investigates history of development of the legislation on indexation and kinds of indexation, formulates definition of notions «indexation» and «revision of social payment».
Key words: indexation, inflation, pension, social payments incomes of citizens
CRIMINAL LAW AND PROCEDURE
Dumanskaya Ye. I. (Yekaterinburg) The nature of behaviour of the criminal motivation: biological approach.
The article is devoted to the analysis of the nature of motivation from the point of view of anthropological approach according to which the motive power of behaviour of individual is put in the most biological human nature, in its internal psychophysiological organisation. It is offered to investigate the problem from psychophysiology positions. The characteristic of hormonal anomalies which can mediate criminal motivation is given.
Key words: motivation, hormonal system, endorphins, aggression, psychophysiological model of human
Grishin S. P. (Nizhniy Novgorod) The participation of a judge in pretrial proceedings as a basis for recusation
The classification and detailed characteristics of circumstances ruling out the possibility of judge participation in criminal proceedings are given. The author comments art. 63 of the CPC of the RF, the Constitutional Court judgments, judicial practice.
Key words: participation of a judge, inner conviction of a judge, impartiality of a judge, disqualification, pretrial proceedings, judicial control
Borovikov S. A. (Vologda) Legal assuring of assignment and realization of coercive measures of educational treatment
The author analyses the problems of legal assuring of assignment and realization of coercive measures of educational treatment used towards juvenile delinquents. Measures on legal instruments improvement are suggested.
Key words: punishment, suspended sentence, education, coercive measures, of educational treatment, juvenile delinquents
QUESTIONS OF INVESTIGATION AND OPERATIVE-RESEARCH ACTIVITY
Smakhtin E. V. (Tyumen) Some aspects of methodology of criminalist scientific research
General notion of methodology of criminalist scientific research, its peculiarities, theoretical and practical components are disclosed. The authors’ attitude to the problem is substantiated.
Key words: methodology, criminalistics, subject, evidence, cognition
Kuznetsov A. A., Nikitina Ye. V. (Omsk) Tactical peculiarities of place of occurrence view holding in the course of education bribery investigation
Tactical peculiarities of place of occurrence view holding in the course of education bribery investigation are considered in this article. The place of occurrence view objects are examined, the most typical material and ideal traces leaved by offenders and their possible detection place are determined. The accent is made on the evaluation of the place of occurrence view results that allow to determine the direction of investigation and formulation of typical criminalistic versions.
Key words: bribery, education, place of occurrence, place of occurrence view holding, tactical peculiarities
PAGES OF HISTORY
Drapkin L. Ya (Yekaterinburg) Pages from investigator’s diary
This is the first part of autobiographical essay of one the prominent criminalist of modern Russia – professor L. Ya. Drapkin. The first days of young investigator, his gains and losses are shown.
Key words: criminalist, investigator, criminalistics, versions, prominent
LEGAL INTERPRETATION
Suvorova V. Ya. (Yekaterinburg) From what period international agreements of the Russian Federation are subjected to execution and application?
The questions of international agreements’ of the RF entry into force, official publication and realization are analyzed. Judicial practice of international agreements usage is estimated. The proposals on international agreements legislation improvement are made.
Key words: international agreement, official publication, federal law «About international agreements of the RF»
Kiryushkin M. V. (Yekaterinburg) The problems of qualification of expired date foodstuff selling
The realization of expired date foodstuff forms corpus delicti only if these products posed a threat to life and health of consumers.
Key words: expiration date, selling of foodstuff, corpus delicti, safety rules
EXPERTISE
Rodionova O. N. (Yekaterinburg) Anticorruption expertise
Anticorruption expertise legislation is analyzed; its strong and weak sides are shown.
Key words: anticorruption expertise, corruption factors, normative legal acts, draft normative legal acts, methods of anticorruption expertise
Chermyaninov D. V. (Yekaterinburg) On the problem of licensing usage
The usage of licensing as a measure of non-tariff regulation in foreign trade. In the absence of licensing documents on imported goods it is possible to use customs treatment different from «release for home consumption».
Key words: licensing, methyl ethyl ketone, non-tariff measures, customs treatment
Gritsaenko P. P. (Yekaterinburg) About causal relationship between damage and death
The author using practical examples analyzes the problem of causal relationship between damage and death ascertainment.
Key words: damage, death, direct causal relationship, indirect causal relationship, expert, forensic medical (expert) examination
SPECIAL CASES
Lapshin V. F. (Vologda) Equality of citizens before the law and criminal responsibility differentiation
The questions of criminal responsibility of sportsmen intentionally inflicting a bodily harm to rival team members are examined. Brief analysis of conditions excluding criminality stipulated by criminal legislation is made, some reasons contributing to impunity of sportsmen - criminals.
Key words: criminal legal principles, bodily harm, conditions excluding criminality, social danger, criminal responsibility of sportsmen
YOUNG SCIENTIST TRIBUNE
Kiryakova I. N. (Belarus, Novopolotsk) Preconditions of delegated legislation appearance in Roman-Germanic legal family countries
The main point of the institute of delegated legislation is legislative delegation by Parliament to the executive power. Opinions of scholars on reasons of beginning of the legislative delegation are described. Most scholars prove that such powers of President or Government aren’t the abuse of power, they are balanced by the other branches of government – it is provided by basic principles of the institute of delegated legislation.
Key words: delegated legislation, legislative powers, Roman-Germanic legal family
Sukhorukov A. S. (Yekaterinburg) Antimonopoly and competition law separation in the Russian and German legal systems
Constitutional basis of antimonopoly and competition law in the Russian Federation and Germany are disclosed in comparative way The author suggest to single out antimonopoly and competition law as an independent branch of law in the Russian legal system.
Key words: antimonopoly law, competition law, constitutional regulation, legal system, branch of law
Grigoryeva A. V. (Tyumen) Federalism and civil society
The author considers federalism and a civil society in modern Russia to be two inseparable things supporting each other.
Key words: federalism, civil society, human rights, lawful state, the subject of federation
Zakharov A. A. (Surgut) Limits of restrictions of autonomy of local community in the realization of the constitutional right on self-management
Possible limits of restriction of local community autonomy in the realization of constitutional right on self-management are researched within the framework of the legal positions of the Constitutional Court of the Russian Federation, taking into account possibility of their review. The author also suggests the criteria of allowable restriction of autonomy of local community in the realization of the aforesaid constitutional right.
Key words: constitutional right on self-management, autonomy, positions of the Constitutional Court of the Russian Federation
Razdyakonova Ye. V. (Novosibirsk) Disputable issues of territorial public self-government property legal regime
Some approaches to defining the legal regime of territorial public self-government property are represented. The author examines the financial basis of territorial public self-government, comparing attributes of municipal property and TPS property, making distinction between the property of TPS without status of artificial person, and property of artificial person TPS.
Key words: territorial public self, municipal property rights, the legal regime of TPS property
Mkrtumyan E. A. (Kurgan) Construction standards and regulation in the light of technical regulation reform
The article is dedicated to the issues concerned with practical use of construction standards and regulations (SNIP): the conflict of laws which determine what legal effect these documents have; the lack of legal clarity in legislative procedure for development and enactment of new SNIPs, displacing and abolishing of existing ones. In the authors opinion appropriate changes in legislation of the RF should be done to eliminate discovered collisions.
Key words: construction standards and regulations (SNIP), legislative procedure, technical regulation, reglaments
Butenko E. I. (Tomsk) The notion and features of indigency in social security law of Russia
The article is dedicated to such a precondition for social security as need (indigency). The concept of indigency and its substantial features are based on analysis of certain juridical acts that cause juridical effects in the branch of social security law. The article demonstrates how the notion of indigency corresponds to the principles of social security, such as universality and personal character of social benefits.
Key words: indigency, social security, social security law, personal character of social benefits
Burger B. M. (Krasnodar) From the history of criminal lawyers activity in Russia
The author discloses some worthy of attention facts from the history of the Russian advocacy development.
Key words: judicial reform, advocate, advocacy, professional activity, juridical help
STUDENTS’ BULLETIN
Shunyaeva A. E. (Tambov) «Freedom and law»: reflection on the book by Bruno Leoni
The article is devoted to the problem of alignment of freedom and law in the state. The author in detail investigates question about effectiveness of contemporary legislative action, considers perspective of entry precedent law in the Russian legal system.
Key words: freedom, law, legislation, law and order