Annotations №2 / 2010

OUR BEST PUBLICATIONS IN 2009

LAW AND … THE MEANING OF LIFE

Kosarev A. I. (Moscow) The meaning of life in nature, community, purpose of state and law

In the article the author’s understanding of the meaning of life of individuals, peoples, mankind and the role of state and law in its disclosure is shown.

Key words: meaning of life, life values, nature, society, state, law, the highest essence

JURIDICAL COMMUNITY

Conversation of professors S. A. Avakyan (Moscow) and S. E. Nesmeyanova (Yekaterinburg)

The problems of Constitutional law development, research and teaching are discussed. Professor Avakyan tells about his life, professional achievements, teaching.

Key words: Constitutional law, teaching, branch, Moscow State Law Academy

PUBLIC USSUES AND POLITICAL SCIENCE

Muravskiy V.A. (Yekaterinburg) The organic conception of separation of powers

In the article the structural and functional approach to a substantiation of separation of powers in machinery of state is exposed to criticism. The author formulates the organic theory of a principle of separation of powers and on its basis considers a problem of separation of powers in various countries.

Key words: separation of powers and division of the competences, interrelation of the state and the law, the organic conception of separation of powers, separation of powers in modern Russia

LOCAL SELF-GOVERNMENT AND MUNICIPAL LAW

Mityagin Yu. V. (Zubovo-Polyana) Deputies’, elected officials’ of municipal authorities immunity

The problems of legal regulation of deputies’, elected officials’ of municipal authorities immunity are analyzed in the article.

Key words: deputy, elected officials of municipal authority, inviolability, immunity, legal protection

INTERNATIONAL LAW

Rabtsevich O. I. (Yekaterinburg) National law in international criminal courts activity

The problems of national law implementation by international criminal courts are disclosed. On the basis international legal regulation and international courts’ practice conditions and the consequences of national legal norms implementation are analyzed.

Key words: International Criminal Court, International Criminal Tribunal for the former Yugoslavia, International Criminal Tribunal for Rwanda, foundation agreements, interpretation, rules of procedure, national law

Bezborodov Yu. S. (Yekaterinburg) International legal aspects of Tibet conflict

The article is devoted to analysis of one of the most significant humanitarian catastrophe of XX century. The results of Subcommission on Prevention of Discrimination and Protection of Minorities, International commission of lawyers workout, General Assembly of the UN resolutions are the basis for factual circumstances evaluation. The problem of Tibet nation recognition and some historical aspects are disclosed.

Key words: humanitarian conflict, Tibet conflict, recognition, nation, General Assembly of the UN resolutions

PUBLIC PROSECUTOR SUPERVISION

Kozhevnikov O. A. (Yekaterinburg) Legal regulation of public prosecutor of the RF subject appointment

The author analyzes federal legislation and legislation of the RF subjects on public prosecutor of the RF subject appointment in part of such an appointment approval.

Key words: General public prosecutor of the RF, Constitutional Court of the RF, public prosecutor of the RF subject, appointment, approval

ECONOMICS AND LAW

Dorofeev B. Yu. (Yekaterinburg) Currency exchange market of the Russian Federation: the concept and common characteristic

The article is devoted to the studying of the concept “currency exchange market” and its main elements. On the basis of studying of different points of view, the author stipulates definition of the currency exchange market and describes its elements.

Key words: currency exchange market, currency, currency operations, currency rate, residents, non-residents, special banks

CIVIL LAW AND PROCEDURE

Shershen T. V. (Perm) Current problems of implementation of the right to a name and change of a name

The article examines crucial issues of implementation of the right to a name, change of a name, reveals contradictions of legislative regulation of relations in process of award, change of a name and formulates suggestions on perfection of current legislature in this sphere. Special attention is paid to exposure of the grounds of refusal to register a name, change of a name and consideration of the issues of state registration of change of a name upon contacting, annulment of marriage, recognition of marriage to be invalid, establishing, disputing paternity (maternity), adoption and annulment of adoption.

Key words: name, right to a name, choice and award of a name, change of a name, interests

Zhirkov V. N. (Onega) Peaceful agreement as a method of civil legal disputes resolution in civil proceedings

Brief analysis of legal institute of peaceful agreement as a civil procedural instrument of civil legal disputes resolution in civil proceedings. Material legal aspects of this method as a type of agreement on compensation and novation are described.

Key words: peaceful agreement, civil legal dispute, civil proceedings, compensation, novation

ADMINISTRATIVE LAW AND PROCEDURE

Sherstoboev O. N. (Novosibirsk) The registration of citizens on the place of a stay and residence: the problem of theory and practice

The vital problems of registration and accounting of citizens on the place of residence and the place of registration are examined in the article. The registration in the RF is needed to solve the problem of the restrictions of the rights of citizens, which arose in the Soviet period in connection with the institute of legal registration. Nevertheless, in the legislation registration is known as an institute of realization of the rights of citizens. In modern conditions the question of compatibility of these two purposes arise. It is necessarily to determine the purpose of registration and restrictions connected with it in the legislation more clearly.

Key words: citizenship, registration of citizens, residence, place of residence, legal duty

LABOUR AND SOCIAL LAW

Kharitonov M. M. (Saint-Petersburg) Multiplicity of persons on employer side in the labour obligations

Categories “obligation” and “multiplicity of persons on employer side” are examined in the article.

Key words: duty, obligation, labour obligations, обязанность, multiplicity of persons on employer side, employee

CRIMINAL LAW AND PROCEDURE

Rozenko S. V. (Khanty-Mansyisk) Problems of criminal responsibility for preventing liberty of conscience and religious freedom

This article is dedicated to the problems of preventing liberty of conscience and religious freedom. It examines such aspects as significance of liberty of conscience and religious freedom, the history of emerging and the development of the crime and its particular features. Some improvements are put forward and proved for the article 148 of the Criminal Code of the RF.

Key words: liberty of conscience, preventing, religious association, criminal legal protection, ritual

Taranenko A. S. (Yekaterinburg) Prospect of penal and legal protection of commercial company’s goodwill.

Rapid pace of market economy development demands creation of reliable legal machinery for protection of commercial company’s goodwill. Against the background of universal defense of individual rights as a basic trend in penal law development, area of intangible assets protection experiences lack of due attention from the side of lawmaker. The author proves an insufficiency of civil mechanisms of company’s goodwill protection and proposes justification of its penal and legal protection.

Key words: goodwill, undermining of company’s goodwill, reputation loss, unfair competition

Medvedev Ye. V. (Ulyanovsk) Putting in danger in the structure of dereliction in danger

The article is devoted to phenomenon of dereliction in danger in criminal law. The problem of criminal responsibility under article 125 of the Criminal Code of a person who has no obligation to concern for the victim but by his actions the victim was put in dangerous for life or health state is examined.

Key words: dereliction in danger лицо, putting in danger, responsibility, obligation to concern

QUESTIONS OF INVESTIGATION AND OPERATIVE-RESEARCH ACTIVITIES

Kuchin O. S. (Vladivostok) About certain methods of operative-research activity used in the aims of crimes in the sphere of illegal turnover of precious stones disclosure

The article is devoted to the basic points of criminalistics theory on disclosure of crimes in the sphere of illegal turnover of precious stones and metals and the role of operative-research activity in this process.

Key words: precious stones, operative-research activity, tactical combinations, operative games, sphere of illegal turnover

Osipenko A. L. (Omsk) Features of the network cybercrimes investigation

The development of global computer networks has entailed the increase of crimes committed with their use. The investigation of such crimes restrains a number of problems defined by notable peculiarity of criminal activity in a network information field. The knowledge of the cybercrimes’ features makes it possible to raise the efficiency of a considerable part of investigatory actions during their investigation essentially.

Key words: investigation of crimes, investigatory actions, a cybercrime, computer data

PAGES OF HISTORY

Drapkin L. Ya (Yekaterinburg) Pages from investigators diary

This is the second part of autobiographical essay of one the prominent criminalist of modern Russia – professor L. Ya. Drapkin.

Key words: criminalist, investigator, criminalistics, versions, prominent

LAW-MAKING ISSUES

Ostapovich I. Yu. (Gorno-Altaysk) Constitutional Court of the Russian Federation in the rule-making process

Constitutional Court rules of decisions should be regarded as reciprocal not only for the sides of the heard case but also for all public power authorities and other subjects of law. Besides legal effect of the decision has relevance not only to the act been under the examination but also to all the others analogous in content. Not being utterly relevant to any of the existing sources of law these decisions absorb different characteristics of them and thereby they gain new quality becoming the independent sources of law.

Key words: constitutional doctrine, the source of law, legal position

Soloviev S. G. (Mias), Popov I. E. (Chelyabinsk) On improvement of legislation on citizen addresses

The analysis of citizen addresses to government bodies as mutual dialogue between a society and the state is carried out by authors. The questions most frequently exciting citizens, addressed to government bodies of the country, are considered. On the basis of the analysis essential lacks of the current legislation, regulating the citizen addresses to government bodies, are revealed, and also concrete recommendations on its further perfection are offered in the article.

Key words: citizen addresses, civil initiative, offer, application, complaint

JUDICIAL PRACTICE

Knyazyev S. D. (Saint-Petersburg), Mikulin A. I. (Yuzhno-Sakhalinsk) The right to protection in administrative delict proceedings under the light of Constitutional Court of the RF decisions

In the article on the basis of theoretical sources, legislation, judicial practice analysis the problem of the right to protection in administrative delict proceedings is characterized.

Key words: the right to protection in administrative delict proceedings, procedural rights, guarantees, principles

EXPERTISE

Kuznetsov P. U. (Yekaterinburg) The questions of ethics in judicial expert’s activity

The author in his material reflects on ethical principles of expert’s activity in criminal proceedings. One of the guarantees of ethical principles in expert’s activity is real competitiveness of experts.

Key words: ethical principles, expert’s wage, competitiveness of experts

SPECIAL CASES

About certain questions of numeration and collection of customs duty or double wringing

In the article the disputable issues of goods’ country of origin determination and numeration, collection of customs duty within preferential customs regimes are analyzed.

Key words: goods’ country of origin, customs duty, preferences

YOUNG SCIENTIST TRIBUNE

Likhachev M. A. (Chelyabinsk) The legal status of a person as the embodiment of interaction of domestic and international legal regulation

The article is devoted to investigation of legal status of a person in terms of interaction of domestic and international legal regulation. The author explores international and domestic legal personality as the grounds of person’s universal complex legal status by example of appeal to the interstate organ of human rights protection, diplomatic protection and international criminal responsibility.

Key words: subject of international law, international legal personality, legal status of a person, object of international legal regulation

Serdobintseva Ye. V. (Yekaterinburg) Prize system of the Russian Federation

The author’s understanding of prize system of the Russian Federation is given. This system is considered as an attribute of statehood, guarantee of state sovereignty, its subject, sovereign right of state, constitutional legal institute.

Key words: prize system, system of state prizes, prize process, ceremonial, protocol norms, state sovereignty

Nugaev Sh. R. (Kazan) Theoretical problems of e-commerce legal regulation

Critical analysis of the most actual problems of e-commerce legal regulation in the Russian and Western scientific literature is given. Russian researchers consider e-commerce legal regulation as a part of new and unformed complex institute of Internet law. Consequently, unsolved problems of e-commerce legal regulation are graded. In the first place, on author’s view, one should take into account virtual community self-regulation processes.

Key words: e-commerce, legal regulation, researchers, literature

Kalashnikov V. S. Whether refusal in criminal case excitation on some crimes against justice is possible?

Article is devoted refusal questions in criminal case excitation on some crimes against justice. The author analyzes features of excitation of criminal cases on crimes against justice. The author considers situations of simultaneous action of several mutually exclusive decisions.

Key words: criminal case excitation, refusal in excitation of criminal case, a crime against justice, collateral estoppel

Fadeeva Ye. I. (Saransk) Judicial decisions delivered on results of examination of proposal on giving report on presence of corpus delicti in prosecutor’s, investigator’s and advocate’s activity

Normative assessment of procedural legislation on proceedings against certain categories of persons: prosecutors, investigators and advocates is given. The author analyzes courts’ reports delivered according to art. 448 of the CPC of the RF. Proposals on modification of criminal procedural legislation are made.

Key words: proposal, report on presence of corpus delicti in prosecutor’s, investigator’s and advocate’s activity, institution of an action

STUDENTS BULLETIN

Kruze A. V. (Yekaterinburg) Permissibility of using polygraph tests in appraising staff

The article is devoted to the problem of polygraph tests permissibility in appraising staff and candidates: history of polygraph detector, legal control of tests in the Russian legislation, and foreign experience in this field.

Key words: polygraph, lie detector, appraising staff, recruitment, personnel selection, grounds of dismissal