Annotations № 3 / 2012
THEORY OF LAW AND STATE
Semyakin M. N. (Yekaterinburg) The idea of freedom in private law
The article discusses the idea of freedom in private law from the broader, philosophical position as one of its most important ontological grounds. The author shows theoretical and practical importance of the idea of freedom in the sphere of private law, its correlation with the basic principles of civil law and makes a conclusion on the legal nature of the rules governing the rights and freedoms of individuals.
Key words: idea of liberty, private law, ontological foundation, legal nature of the ideas of liberty, fundamental principles of civil law, constitutional rights and freedoms
Tarasov N. N. (Yekaterinburg) Legal science and legal practice: a correlation in the methodological context (on the practicality of legal science and scientific legal practice)
The article is devoted to methodological issues of the relation of jurisprudence and legal practice. The form and terms of the influence of scientific theories on legal practice are concerned. The features of the legal foundation of science and evaluation of legal practice as a criterion for scientific research and relevance of theoretical law are analyzed.
Key words: jurisprudence, law practice, development of legal practice, practical importance of legal science
Belykh V. S. (Yekaterinburg) On the question of the nature of law: theoretical problems of law understanding
The article is devoted to theoretical issues of law understanding. The author analyzes various definitions and concepts of the nature of law. The main trends in the development of law understanding are considered. The integral definition of the law with the use of such basic categories as «the will of the organized groups», «the system of mandatory rules» and «non-normative legal means» is formulated.
Key words: law, notion of the essence, basic theory, legal means, legal system, integral definition of law
PUBLIC ISSUES AND POLITICAL SCIENCE
Kuznetzov P. U. (Yekaterinburg) Administrative reform in the context of electronic government forming: terminological problems
Author explores scientific terminology that has arisen during the process of innovative activities related with modern Russia state legal life modernization. Author notes lack of high-level research in the doctrine of informational law and necessity of new informational phenomenon methodological reflection and necessity of proper legal instruments development for its regulation. In the matter of administrative reform it is necessary to determine legal definition of «electronic government» and «state social mission».
Key words: modernization, administrative reform, electronic government, informational law, welfare state
Sagindykova A. N. (Yekaterinburg) The problem of interaction between police and private security organizations in the sphere of public order
In the article theoretical and practical aspects of the organization of interaction in sphere of protection of a public order of police with the private security organizations are considered. Offers on perfection of legislation in this area of public relations: the Law of the Russian Federation «About private detective and security activity in the Russian Federation « and other acts are given.
Key words: problems of interaction, police, protection of a public order, private security organizations
Shayhatdinov B. S., Gusev, A. V. (Yekaterinburg) On some issues of legal regulation of public service in the Prosecutor's Office and the Investigative Committee of the Russian Federation
Topical and controversial issues of the legal status of prosecutors are considered. Contradictions between the Labor Code, the Federal Law «On civil service» and the Federal Law «On the Procuracy of the Russian Federation» which must be addressed and reconsidered are revealed.
Key words: prosecutors, civil servants, business contract, labor contract
Gusev A. V. (Yekaterinburg) «Internal» and «external» relations of civil service
The problems of concept and content of internal and external relations in the civil service are examined. Characteristics of the subjects of these relations and classification into species are given. The author studies the positions of various scholars.
Key words: civil service, the foreign relations of the civil service, the internal relations in the civil service, civil servant
HUMAN RIGHTS
Savitskiy P. I. (Yekaterinburg) Constitutional and legal regulation of the use of languages in Europe
A comparative analysis of the constitutional norms of the European states on the use of language is presented. The classification of states by the method of fixing the language is made. The author considers the use of several official languages and minority languages.
Key words: official language, official language, European states, national minorities
Vedel’ I. A. (Yekaterinburg) Some aspects of exercise of diplomatic protection (consular assistance) by diplomatic and consular offices
The article is devoted to the most contentious issues of the institution of diplomatic protection. It deals with the analysis of differentiation of diplomatic protection and consular assistance, the question of implementation of diplomatic protection (consular assistance) by the diplomatic and consular offices, and the main problems of these activities.
Key words: diplomatic protection, consular assistance, diplomatic representation, consular office, protection the rights of citizens
COMPARATIVE JURISPRUDENCE
Vasin D. M. (Yekaterinburg) The necessary defence of property as a circumstance precluding the criminality under US criminal law
The article is devoted to the different problems of institution of the necessary defence on the example of property protection in US common law and statute law. The rules of majority and minority common law jurisdictions, Model Penal Code and Alaska Criminal Code connected with justification of defences are considered. The author points out that proportionality is needed for necessary defence of personal and real property. Common law permits only moderate non-deadly force in defence of property and only if defendant reasonably beliefs that such force is necessary for successful protection of his law-abiding possession. Statute law unlike common law permits deadly force in some circumstances.
Key words: necessary defence, justification of defences, US common law, US statute law, proportionality of wrongdoing and protection
CONSTITUTIONAL LAW AND PROCESS
Nesmeyanova S. E. (Yekaterinburg) The Constitutional Court of Russia: results of work and prospects
The article reflects the author's position on the history of constitutional judicial control in foreign countries, its emergence in Russia, the nature of a specialized body of constitutional justice, its relationship with other bodies. The author analyzes the established scope of the powers of the Constitutional Court and the reforms that are taking place in the judicial system and constitutional justice, making conclusions about the need for further improvement of legislation in the relevant field.
Key words: Constitutional Court of the RF, legal protection of the Constitution, constitutional review, judicial review
Karasev A. T., El’kina A. V. (Yekaterinburg) Constitutional and legal status of local authorities: general characteristics
The article analyzes the rights, duties and responsibilities of local government, under which the characteristic of the constitutional and legal status of the local administration is given.
Key words: legal status, constitutional and legal status, rights, obligations, guarantees, responsibility
QUESTIONS OF INVESTIGAION AND OPERATIVE RESEARCH
Kokurin G. A. (Yekaterinburg) Proposal and verification of versions in the search and investigation of crimes
Differentiation of the versions has a scientific and practical significance in connection with the real existence of search situations. Similarity and difference versions of the search engines search and search version and characteristics of the basic version of the essential features of the search. Two main versions of the search functions and objectives proposed by their characteristics are identified. The main factors influencing the process of constructing the search version, offered versioned system and recommendations for data validation versions are considered.
Belyakov A. A. (Yekaterinburg) The value of research of crimes related to the bombings as an object of criminology
The author considers the place of criminological theory on identification and investigation of crimes connected with the bombings in the general theory of criminology.
Key words: general theory of criminology, explosion, explosive substance
CRIMINAL LAW AND PROCEDURE
Tarhanov I. A. (Kazan) Juridical qualification: definition and place in application’s process
Article is devoted to different aspects of characteristics of juridical qualification as a type of law application. Particular attention is given to establishment of juridical qualification place in general model of law application process. On the basis of criminal and procedure law analysis modern approaches to definition of algorithm of law application operations which consisted the contention of juridical qualification are formed.
Key words: juridical application, law qualification, law foundation, procedural decision, plot of case, juridical important characteristics
Pogosyan T. Yu (Yekaterinburg) Criminal law aspects of consumer protection against counterfeit and adulterated products
The author considers the categories of «counterfeit goods», «low-quality goods». Proposals of a unified concept of «counterfeit goods» for the composition of offenses under Art. 146 and 180 of the Criminal Code and also about the change in wording of Art. 180 and 238 of the Criminal Code are made.
Key words: counterfeit goods, criminal liability, counterfeit products
Berdnikova O. P. (Yekaterinburg) Identifying the organizer (leader) of the criminal group, committed robberies and muggings, tactics of his interrogation as a suspect
The article is devoted to the tactics of identifying the organizer (leader) of the criminal group during the interrogation. The author gives the grounds on which the versions are built on who is the leader of the criminal group. The most effective tactics of interrogation to establish the leader of the criminal group, his role and all the episodes of the criminal activities and the examples of successful solution of robberies and muggings organized by the criminal groups with selective use of the number of tactics are shown.
Key words: the organizer (leader) of the criminal group, tactic of interrogation suspect, the versions about the alleged leader, tactics
Naumenko O. A. (Krasnodar) Guarantees of rights of suspects, accused, victim and investigator during inquiry
Some guarantees in criminal proceedings in the investigation of crimes in the form of inquiry are reviewed by the author. The author analyzes the procedural rights during the investigation of such participants as suspect, accused, victim and investigator. Problematic issues of guaranteeing the rights of these subjects and their solutions are discussed.
Key words: rights, procedural guarantees, suspect, victim, investigator
Krasikova A. A. (Yekaterinburg) On the question of acknowledgement of fraud as a form of stealing
The article is devoted to the analysis of the conception of stealing and its certain characteristics. The author considers theoretical concepts of fraud as a form of stealing.
Key words: conception of e stealing, characteristics of stealing, seizure of property, forms of stealing, fraud
CIVIL LAW AND PROCEDURE
Mayfat A. V. (Yekaterinburg) Are there any «investment contracts» (continuation of discussion)
A review of the doctrinal assessment of category «investment contract» is presented. Signs of investment treaties and the criteria of agreement’s attribution to the investment are considered.
Key words: investment contract classification, concession agreement, agreement on joint activities
Degtyarev S. L. (Yekaterinburg) Judicial activities as a source of civil procedure and arbitration procedure law
Based on analysis of current legislation and existing judicial practice in cases challenging the debtor's transactions in the cases of insolvency (bankruptcy) the authors considers the problem of defining of judicial practice as a source of law in the Russian Federation. This complex problem can be justified by the traditional reference of the Russian legal system to the continental system of law. Resolutions of the Plenum of the Supreme Arbitration Court of the RF are criticized by not taking into account the basic principles of the arbitration procedure.
Key words: jurisprudence, validity of judicial acts, liquidator, judicial review, judicial, justice
ECONOMICS AND LAW
Bublik V. A., Gubareva A. V. (Yekaterinburg) New developments in the state regulation of the foreign trade (in the light of the Russia's membership in the Customs Union)
The article deals with the current issues of the Russian foreign trade policies including the consequences of the Russian participation in the Customs Union along with Belarus and Kazakhstan. The study is focused on the amendments of the customs regulation. The article analyzes the new tariff and non-tariff measures adopted as a result of Russia's accession to the Customs Union.
Key words: foreign trade policy, state regulation measures, tariff measures, non-tariff measures, Customs Union
LABOUR AND SOCIAL LAW
Fedorova M. Yu. (Saint-Petersburg) Non-typical supranational forms of social security
The correlation of international and interstate legal regulation of social security is analyzed. The conclusion about possibility of extraordinary social risks (acts of nature, technogenic accidents, military operations) indemnification with use of a supranational element of legal, financial and organizational regulation is drawn. Humanitarian assistance and indemnifications to Nazism victims from foreign funds are proved to be atypical supranational forms of social security.
Key words: social security, international legal regulation, extraordinary social risks, atypical supranational forms of social security, the humanitarian assistance, indemnifications to victims of Nazism
Mayfat A. V., Shipulina L. N. (Yekaterinburg) Guarantees and standards of social services: some contentious issues of legal regulation
The questions of the relation of federal and regional regulatory standards for social services are considered. The authors note the lack of uniformity in dealing with social issues at the level of the RF subjects and controversies over the provisions of the Federal Law «On the basis of social service in the Russian Federation».
Key words: social services, standards, subjects of the Russian Federation, social service
PAGES OF HISTORY
Drapkin L. Ya (Yekaterinburg) Pages from investigator’s diary
This is the fourteenth part of autobiographical essay of one the prominent criminalist of modern Russia – professor L. Ya. Drapkin.
Key words: criminalist, investigator, criminalistics, versions, prominent
Bazhenova T. M., Zipunnikova N. N. (Yekaterinburg) History of State and Law under the reform of legal education: methodological, methodical, social and cultural aspects: interuniversity scientific seminar (review of papers and presentations)