Annotations № 2 / 2012
THEORY OF STATE AND LAW
Teplyashin I. V. (Krasnoyarsk) Legal innovatics: paths of research.
Article is devoted to research of a legal category of legal innovatics. Author addresses the characteristics of legal innovation, factors of formation of the legal category, defines functions and legal innovatics, prospects for the development of a scientific discipline in modern conditions.
Key words: legal innovatics, innovation, innovative legislation, legal science, the Russian public
CONSTITUTIONAL LAW AND PROCESS
Kokotov A. N. (Saint-Petersburg) Current questions of regulation of the Constitutional Court of the Russian Federation activity
Article is dedicated to the analysis of some last changes of the legislation on the Constitutional Court of the Russian Federation, affecting powers, structure of the Constitutional Court and order of exercise of justice.
Key words: The Constitutional Court, appeal to the Constitutional Court, written proceedings, settlement of a case without carrying out of hearings, abolition of chambers, the presence of instances
Tarasevich I. A. (Tyumen) Constitutional legal problems of giving the religious association the status of traditional in the context of religious safety of the RF
The idea that it is necessary to change a paradigm of struggle against extremism in Russia is presented. The use of potential of traditional for Russia confessions is one of the ways of creation of a healthy and safe society in Russia. The author considers the constitutional problems of giving some religious confessions the status of traditional and suggests their solutions.
Key words: constitutional, religious extremism, religious safety, religious sphere, national security
PUBLIC ISSUES AND POLITICAL SCIENCE
Khudoley D. M., Khudoley K. M. (Perm) On the notion of the state sovereignty
Concepts «sovereignty», «the state sovereignty», «people's sovereignty», «autonomy» are analyzed. Attributes of the state sovereignty are defined. It is established that the modern states do not possess all the signs of the state sovereignty that disqualifies the concepts of the uniform state sovereignty and the split sovereignty. The authors offer to refuse from the use of the given categories.
Key words: the sovereignty, sovereign rights, autonomy
Vyshkvartsev V. V. (Krasnoznamensk) The law-governed state in the works of Soviet lawyers of 20-30’s of XX century
The legal views of scientists, statesmen to «the law-governed state» in the 20-30’s of the last century are examined. The author draws attention to the democratic tendencies of the Soviet state and law in the 20’s followed by «hypertrophic» model of proletarian state in the 30’s of XX century. The discussions of Soviet scientific and party leaders on the law-governed state in this period largely reflect the political reality in contemporary Russia.
Key words: state, liberalization, Marxists, law-governed state, human rights, proletariat, socialist rule of law
Petukhova T. N. (Yekaterinburg) Multiculturalism as one of the conceptions of interethnic activity
The author analyses different conceptions of interethnic activity, examines in detailes the most popular idea of «multiculturalism» and the crisis of this conception in the modern epoch, proposes her own conception of «unity of diversity».
Key word: tolerance, federation, national-cultural autonomy, multiculturalism
COMPARATIVE JURISPRUDENCE
Bekhruz Kh. (Ukraine, Odessa) Islamic state: classic conception and modern interpretation
The process of the becoming and development of classic conception of the Islamic state is described. Great attention is paid to research of conceptual bases of Islamic law and Islamic legal doctrine, forming classic conception of the Islamic state. Influence of classic conception of the Islamic state on functioning of the modern Islamic states and their legal systems is studied.
Key words: classical conception of the Islamic state, Islamic law, Islamic legal system, the modern concept of the state
Golovkin A. V. (Ukraine, Kiev) Legal aspects of system of organs of state control in the sphere of environment protection reform in Ukraine
Brief characteristics of organs of state control of Ukraine in the sphere of environment protection and also evaluation of administrative reform of system of organs of management and control in the sphere of environment protection including its legal aspects are given.
Key words: state control, environment protection, reform, administrative reform
Reshetnyak V. I. (Rostov-on-Don) E-justice in civil litigation in Singapore
The concept of e-justice implemented in the judicial system of Singapore is analyzed. The author shows that the use of modern information technology makes it possible to achieve reduction of time and reducing the price of litigation, procedural simplification of procedures and more rational use of labor and instrumental resources, more efficient separation of tools and information resources among all participants in the judicial process to achieve effective justice in civil cases.
Key words: e-justice, civil litigation, information technology, electronic filing system, openness and accessibility of the court, efficiency of justice
LOCAL SELF-GOVERNMENT AND MUNICIPAL LAW
Sergeev D. B. (Abakan) Secondary (permanent) legitimization of local community within municipal entity
The secondary (permanent) legitimization of local communities within the municipalityis is considered through the functions of local government and local issues most of which can be solved only by the municipality. Local issues should be separated into those from the implementation of which the municipality cannot refuse and those that are implemented by the decision of the local community. The author draws attention to the fact that in the Russian law at the same time the terms «police» and «municipal militia» are used.
Key words: local government, functions of local government, local community, secondary (permanent) legitimization of the local community, local issues
CRIMINAL LAW AND PROCEDURE
Borkov V. N. (Omsk) About necessity of criminalization of participation in a corrupt transaction and the organization of corruption
The need for establishing criminal responsibility for participation in corrupt transactions and the creation of corrupt group is justified. The proposed rules are designed to eliminate the impunity of corrupt services and the law enforcer to focus on the prevention of organized forms of corruption. The author defines the location of the formulated corpus delicti in the system of criminal-legal prevention of corruption.
Key words: corrupt dealings, corruption group, consumers of corruption services, benefits and advantages of the abuse of power and excess
Bespalko V. G. (Lyubertsy) Some aspects of criminalistics characteristic of unlawful defection of cultural values from abroad (art. 190 of the CC of the RF)
Criminalistics characteric of a crime under art. 190 of the CC of the RF are given. Methods of fulfillment and concealment of this offence, its typical traces, personality traits of offenders and other circumstances are examined.
Key words: criminalistics characteristic, cultural values, defection from abroad of cultural values, customs offences
Sevastyanov A. P. (Krasnoyarsk) The use of rules of punishment determination set by art. 62, 65, 66, 68 of the CC of the RF
The application of special rules for sentencing under art. 62, 65, 66, 68 of the Criminal Code is examined, legislation and judicial practice in this area are analyzed, concrete recommendations on the application of these norms and legislation improvement are formulated.
Key words: punishment, mitigating factors, aggravating circumstances, special rules for sentencing, sentencing to minors, relapse, active repentance, uncompleted crime, the verdict of the jury for leniency
Alferenko A. V. (Yekaterinburg) The method of criminal-legal regulation: modern reading of the matter
Modern problems of the methods of criminal-legal regulation are analyzed. Special attention is paid to the essence of discussions about relation between the concept of «regulation» and the concept of «influence».
Key words: object of criminal-legal regulation, method of criminal-legal regulation, criminal law, regulation, influence
Terskikh A. I. (Yekaterinburg) Criminal-legal compromise as a legal relation
The nature and content of criminal-legal compromise as a type of legal relations between state and offender arising after crime committing are analyzed. The elements of its structure are examined. The problems of subject’s composition of post-criminal legal relations and features of legal facts that according to criminal norm initiate such relations are considered.
Key words: criminal-legal relations, post-criminal relations, criminal-legal compromise, legal fact, positive post-criminal behavior
Smolin S. V. (Kirov) Criminal liability for obviously false denunciation: legislative regulation drawbacks and possible ways of their elimination
The article is devoted to the possible ways of elimination of drawbacks of a legislative regulation of responsibility for obviously false denunciation and perfection criminal-legal norm containing in art. 306 of the CC of the RF in following aspects: an establishment of the address of obviously false denunciation by means of norm-definition; modification of a design of sanctions. Expediency of an establishment of a special condition of clearing of a criminal liability for obviously false denunciation is examined.
Key words: wittingly false denunciation, crimes against justice, false charge, criminal responsibility, punishment
QUESTIONS OF INVESTIGAION AND OPERATIVE RESEARCH
Drapkin L. Ya., Berdnikova O.P. (Yekaterinburg) Peculiarities of implementation of the tactical operations and tactical combinations in conditions of conflict situations in process of investigation of grabbing and robberies committed by organized criminal groups
Causes of conflict situations in the process of investigation of grabbing and robberies committed by organized criminal groups are analyzed. The notions of «tactical operation» and «tactical combination» are differentiated. Examples of successful implementation of the tactical operation (interrogation) and the tactical combination (search) in conflict situation are given.
Key words: organized criminal group, conflict situation, tactical receptions, tactical combination, tactical operation
CIVIL LAW AND PROCEDURE
Mikryukov V. A. (Moscow) Encumbrance in the light of concept of development of civil law in the Russian Federation
The author outlines the task of generalizing standards of encumbrance on civil-law rights, and proposes specific ways to resolve this topical problem of theory and practice. Legal and theoretical understanding of encumbrance and similar categories is examined, its traits and possible variants of its legislative fixation are analyzed. The provisions of the Concept of development of civil legislation of the Russian Federation concerning the modification of the general articles of the Civil Code are considered in details, their critical evaluation in relation to the definition of the category of «encumbrance» is given.
Key words: encumbrance under civil law, compliance property, restriction, concept
Solovjeva M. A. (Yekaterinburg) Execution of the contract of transportation of goods by rail in Russia and in Germany: the comparative aspect
The basic principles of execution of the contract of transportation of goods by rail according to the Russian and German legislation are examined. The article shows the main peculiarities of each principle. The author underlines the practical value of the theoretical research which supports the effective execution of the contract of transportation of goods by rail.
Key words: execution of a contract, contract of transportation of goods by rail, principles of execution, «die Erfüllung»
ECONOMICS AND LAW
Makerov I. V. (Kupino) Improvement of legislation in the direction of improving the reliability and financial stability of the insurance system in Russia
The article deals with changes in the insurance regulatory framework aimed at improving the reliability and financial stability of the insurance system in Russia. The law «About insurance» and amendments to it made in 1997-2010 are examined. Basic directions of national insurance system development in the Russian Federation in 1998-2000, Conception of insurance development in the RF are analyzed. The author comes to a conclusion that legislation improvement didn’t produce the results expected.
Key words: legislation, financial stability, the share capital, qualification requirements, the solvency of insurance companies, insurance actuaries, foreign insurers
SPECIAL CASES
Regulation of gambling business or gambling with a state
Some practical issues of implementation of gambling business regulation are described. The given examples of arbitration court decisions show how the strict regulations of gambling business can be avoided.
Key words: gambling business, administrative responsibility, regulations
EXPERTISE
Vinnikov A. V. (Rostov-on-Don) Judicial translation and judicial-translation organizations
Formal definition of judicial translation is given, its qualities are disclosed. Theory and practice of translators use are criticized. Judicial-translation organizations as a new legal subjects and subject of civil-legal relation in criminal procedure securing are described. Recommendations on contractual-legal relations in the sphere of judicial translation are suggested.
Key words: judicial translation, translator, accreditation, judicial-translation organizations, responsibility of judicial translator, secrecy of investigation, criminal procedure
PAGES OF HISTORY
Drapkin L. Ya (Yekaterinburg) Pages from investigator’s diary
This is the fourteenth part of autobiographical essay of one of the prominent criminalist of modern Russia – professor L. Ya. Drapkin.
Key words: criminalist, investigator, criminalistics, versions, prominent
PROMINENTIS JURISPERITUS
Bagautdinov F. N. (Kazan) Kazan period of scientific, pedagogical and official activity of D. N. Isupov
In 1936 D. N. Isupov started to work in Kazan Juridical Institute as a land- kolkhoz law lecturer. Later he was appointed to the post of the head of teaching department, deputy director of Institute. During Great Patriotic War D. N. Isupov worked as a Prosecutor of Tatar ASSR.
Key words: D. N. Isupov, Kazan Juridical Institute, prosecutors office, Tatar ASSR
STUDENTS’ BULLETIN
Gadzhieva E. I. (Yekaterinburg) The principle of «due diligence» in the Russian Tax Law
The article is devoted to the necessity of a taxpayer being duly diligent when choosing a contractor. The author analyzes some practice-based opinions related to the given principle. The article highlights the higher judicial bodies and the Ministry of Finance clarifications on the issue. Judicial practice generalization is also given.
Key words: due diligence, process of choosing a contractor, tax benefit, unjustified tax benefit
Lykasova A. V. (Yekaterinburg) The right to information of applicant in employment relations with a particular employer
The article is devoted to the applicant’s right to information in employment relations with a particular employer. The author in detail analyzes applicant’s authorities to implementation of his right to infomation.
Key words: right to information, employment relations, employer, applicant
YOUR LIBRARY
Yu. S. Bezborodov, V. Ya. Suvorova (Yekaterinburg) Review of the book S. Yu. Marochkin Action and realization of International Law norms in legal system of the Russian Federation. M.: Norma: INFRA-M, 2011. – 288 p.