Annotations № 5 / 2012

THEORY OF STATE AND LAW

Malinova I. P. (Yekaterinburg) The interpretation of social reality in the law-making and reform activity

The concept of human capital, life human capital is considered. The current reforms in various sectors, taking into account the implementation of human capital, human rights standards, including the right to a dignified existence are estimated.

Key words: interpretation, social logic, reform, reform programs, human rights, human capital, freedom, market, reforms in education, reform of the Russian language, the right to culture

Lisachenko A. V. (Yekaterinburg) Law as a programming language

The author draws a parallel between the world of law and computer world. Law accordingly can be seen as a collection of programs, as a programming language and as a programming environment of human society. The social roles are highlighted in this tripartite system and the author points to the dangers of turning law from something humanistic into something mechanistic.

Key words: law, legal drafting, legal science, legislation, programming, programming environment

Kuchin M. V. (Yekaterinburg) On the nature of norms

Based on the analysis of scientific developments in the fields of psychology, ethnography, philosophy, sociology the origins of law in human society are investigated. The necessity of accounting in the rulemaking process psychobiological and social factors inherent in human nature is justified.

Key words: legal theory, law, legal regulation

Pyatkov D. V. (Barnaul) Persons of people

The article attempted to determine the essence of a person from a perspective of the pre-Soviet Russian jurisprudence. The author either uses an original understanding of a subject of law, when a man (an individual) and person even a natural person are different. Any person even a legal entity is considered as legal personality of a man (an individual). The observations and conclusions made by the author are attributed to current problems of jurisprudence: public property, privatization, the legal status of state corporations, etc.

Key words: man, people, subject of law, person, legal entity, legal personality, mask

Gribanov D. V. (Yekaterinburg) National innovation system in the structure of civil society (theoretical and legal aspects)

The concept of national innovation system is examined. On the basis of general theoretical concepts of the structure of civil society the author represents the characteristic of the innovation system in the structure of civil society.

Key words: civil society, innovation, national innovation system, innovation development

LEGAL EDUCATION

Levitan K.M. (Yekaterinburg) Legal translation and comparative law

The paper presents a linguodidactic approach to teaching legal translation based on the comparative analysis of national and cultural concept spheres, contacting in learning process. Peculiarities of legal language and professional communication in the sphere of law, specific features of legal translation, components of legal translation competence, difficulties of legal terms translation, strategic and methodological issues of teaching law terminology translation including phraseological units are analyzed in detail. To provide the equivalent translation of legal texts the students must take into consideration specific character of national law systems, use the right translation transformations, find relevant legal terms. The main purpose of the translation is to bring together two conceptual pictures of the world. It is supposed, that such an approach can help students to learn the new world conceptualization ways and will stimulate the self-devolopment of future lawyers, fostering their professional skills and creativity in the field of comparative law.

Key words: legal translation, legal language, professional communication, legal terms, difficulties of translation, comparative law

Rodionova O. N. (Yekaterinburg) Selection of the concepts of the theory of crime as a way to study criminology

The methods of teaching of criminology providing students with understanding of the conceptual number of theory of crime are described.

Key words: understanding, teaching methods, concepts of criminology

Bezrukov Yu. I., Cherepanov M. M. (Yekaterinburg) Interactive teaching methodology: collaboration of teacher with student

Teaching legal psychology at the present causes a lot of debate among scientists. The article deals with interactive methods that are used in the teaching of legal psychology: guided discussion, creative (problem) tasks, brainstorming, small group work, role play, etc.

Key words: learning process, teacher, legal psychology, the technique

COMPARATIVE JURISPRUDENCE

Savitskiy P. I. (Yekaterinburg) The national linguistic component in the formation, structure and activities of state bodies in foreign countries

Comparative analysis of the constitutions, laws and regulations of the European and Asian countries on the problems of consolidation and implementation of national and linguistic component in the formation, structure and activities of the state is presented. Variety of legislative solutions is characterized, it is noted that as a rule, regulation is carried out taking into account the interests of national minorities.

Key words: state agencies, national linguistic principle, linguistic groups, the representation of national minorities in the state, autonomous entities

CRIMINAL LAW AND PROCEDURE

Kozachenko I. Ya. (Yekaterinburg) Moral and religious components of the criminal legislation of Russia

Different types of controllers of personal and social lives are examined. The author noting the moral and religious tone of the conditionality of certain provisions of the Criminal Code indicates that the criminal law protection mechanism without moral and religious support from those whom it is intended to protect is pointless

Key words: morality, religion, criminal law

Novoselov G. P. (Yekaterinburg) The concept of criminal legal regulation: its nature, content, size and distinctive features

The article is devoted to general issues of criminal law concepts of regulation, the relationship of this concept with the concepts of object, method, goals, objectives and stages of the criminal legal regulation. The author substantiates the thesis of the need to distinguish the concepts of criminal legal regulation and criminal law.

Key words: criminal legal regulation, criminal law, goals and objectives of criminal legal regulation, stages of criminal legal regulation

Neznamova Z. A. (Yekaterinburg) Judicial interpretation as a way of overcoming the conflicts of criminal law

Examples of judicial interpretation of the Supreme Court and the Constitutional Court of Russia that formulate rules of overcoming the conflicts of criminal law with international law (inter-law conflicts), other branches of law (inter-branch conflict) as well as some intra-conflicts of rules of criminal law are discussed in the article. The question of the legal nature of these acts of interpretation of conflict is considered.

Key words: conflict of criminal law, ways of overcoming conflicts of law, judicial interpretation as a way to overcome the conflicts of law

Kurchenko V. N. (Yekaterinburg) Interpretation of money laundering

In the article problems about interpretation of proceeds legalization (laundering), an analysis of the actions that constitute the objective side of this criminal offence are examined. The concept of money laundering in several European countries is examined.

Key words: money laundering, financial transaction, purpose of making property possession legitimate

Pogosyan T. Yu. (Yekaterinburg) Advertising: good or evil?

The article deals with current issues of criminal liability for unfair and misleading advertising, as well as for willful violation of the order established by legislation to advertise certain types of goods.

Key words: unfair advertising, false advertising, criminal liability for misleading advertising

Zatsepin M. N. (Yekaterinburg) Confiscation of the property as a measure of anti-corruption

The category of confiscation, its social function and species are examined. The experience of confiscation in foreign countries is studied. Institute of confiscation of property as set forth in the existing Criminal Code as a whole in the author's opinion corresponds to its essence, its legal nature is properly reflected. However, some of its provisions are worded badly. A new version of the relevant articles of the Criminal Code are proposed.

Key words: punishment, confiscation, coercion, special confiscation, corruption

Davletov A. A. (Yekaterinburg) System formatting elements of the criminal justice

The article is sanctified to the range of problems of essence of criminal procedure activity. The author investigates the static side of criminal procedure. Taking into account methodology of categories «aim – facilities», scientist destroys the base components of criminal trial: aim – tasks – method – form. These elements execute a system formatting role, coming forward as a «load carrying structure», «framework» of all criminal procedure, i.e. express its essence.

Key words: criminal procedure activity, static essence of criminal procedure, systemformative components of criminal trial, aim, teleologism of criminal procedure, means of criminal procedure, method of criminal procedure activity

Balakshin V. S. (Yekaterinburg) Explanation as evidence in criminal and administrative proceedings

The problem of the use of proof in a criminal case as evidence of the explanations received from citizens in the administrative proceedings and verification of applications, reports prepared or committed crimes is described.

Key words: explanation, administrative proceedings, document, evidence

QUESTIONS OF INVESTIGAION AND OPERATIVE RESEARCH ACTIVITY

Karagodin V. N. (Yekaterinburg) Examination of the crime scene, search or seizure

The article deals with theoretical and practical issues of differentiation of some investigative actions (examination, search, seizure). Based an analysis of court practice the author proposes to amend the Criminal Procedure Code of the Russian Federation.

Key words: examination, search, seizure, Criminal Procedure Code of the Russian Federation, judicial review

Kokurin G. A. (Yekaterinburg) Some theoretical problems of search activity in the detection and investigation of crimes

Search activity is a subsystem of the disclosure and investigation of crime, it has its own goals and objectives, as well as objects, tools, and methods and consists of searching and finding the information carriers – sources of criminalistics relevant information. The difference between search activity and operative-search activity and transparent investigation is considered and it is proved that non-procedural activities (tacit, vowel) is included in the investigative process as its structural component.

Key words: criminalistics, search activity, carrier of criminalistics relevant information, non-procedural activities

EXPERTISE

Mamurkov V. A. (Yekaterinburg) The concept, structure and purpose of forensic bioscopistics

The article considers the concept of forensic bioscopistics (the study of traces of biological objects), its theoretical and methodological foundations.

Key words: criminalistics, biological objects, traces, concept, structure

ADMINISTRATIVE LAW AND PROCEDURE

Osintsev D. V. (Yekaterinburg) Administrative responsibility and its converted forms

Systematic foundation of administrative penalties, structural and functional features, inclusion of separate measures of coercion as a means of jurisdictional administrative action are considered. A comparative branch analysis of certain types of responsibility is carried out, suggestions for optimizing administrative legal coercion, exceptions and the transformation of administrative sanctions are made.

Key words: administrative responsibility, administrative legal coercion, rules of appointment of administrative penalties, sanctions quasiadminstrative

Panteleev V. Yu. (Yekaterinburg) Issues of quality and safety of goods, services and consumer protection (problems of criminal and administrative responsibility)

The issues of food security of the Russian Federation are estimated. The state of criminal and administrative legal regulation of responsibility for violations of the rights of consumers of goods and services and practices for its implementation are assessed. Proposals to modify the existing Criminal Code and the legislation on administrative responsibility, expanding the powers of the authorities of the Russian Federation are made.

Key words: consumer protection, food security of the Russian Federation, consumer safety, efficiency, responsibility

LABOUR, EMPLOYMENT AND SOCIAL LAW

Zhiltsov M. A. (Yekaterinburg) Problems of formulation of reference and blanket norms in labour law

There are certain peculiarities in the usage of means and procedures of the legal drafting methodology in terms of adoption of labour law regulations. The author tells about the features of the application of such techniques as the use of referential and blanket rules. Features of the object, the method of labour law cause the peculiarities of this techniques application in the formulation of labour law norms.

Key words: problems, formulation, reference, blanket, norms, labour, law

Salikova N. M. (Yekaterinburg) Flexible and atypical forms of employment: the need for and feasibility

The article is devoted to necessity of improving labour legislation towards use of more flexible forms of employment: the use of contingent labor, the expansion of the scope of fixed-term contracts, use of part-time, the establishment of combining trades, etc.

Key words: form of employment, wages, labour relations, labour law

Gusev A. V. (Yekaterinburg) The state civil service system in the social organization of labour

In the article questions about the place of civil service in the social organization of labor are examined: the social organization of labor, intrabranch differentiation of labor law norms, public service organization of labor, the concept of civil service, basis of civil servants status.

Key words: civil service, public organization of labour, public service organization of labour, social labour relations, legal status of civil servants, public service reform

Shaihatdinov V. Sh. (Yekaterinburg) Certain legal matters of social security of the EurAsEC countries: problems of science and legislation

Some legal issues of EurAsEC countries' welfare are considered: the concept of social protection and social welfare, system of social security law as a branch of national law, social security legislation, experience of the EurAsEC countries in the sphere under consideration.

Key words: social protection of population, social welfare, system of social security law, temporary disability benefits, child allowances, subsistence minimum

LEGAL ASPECTS OF ECOLOGY

Kruglov V. V. (Yekaterinburg) Improving the efficiency of legal security and environmental management in industry of Russia

Article examines the issues of raising the scientific level of the legal regulation of environmental actions in industry. As well it considers issues of strengthening the environmental and natural resource laws, preserve of the succession, as well as setting priority in the process of legal regulation of environmental relations.

Key word: environmental protection, industry, environmental requirements, arrangements

PAGES OF HISTORY

Kodan S. V. (Yekaterinburg) The use of local civil law of national regions of the Russian Empire in the interpretive practices of the Governing Senate

The questions of determination of nature, location and extent of the local civil law in the interpretive practices of the Governing Senate are considered. The value of the Appeal Department of the Senate decisions in interpretation of legal provisions to ensure the principle of priority of particularity of law and legal regulation of relations in the sphere of private relations is shown.

Key words: history of state and law of Russia, legal system of Russia, local legal systems, sources of civil law, local civil law

Rudenko V. N. (Yekaterinburg) On the road to impartial justice (about the role of draft in ancient Roma court system)

The article analyses the role of draft in formation of independent and impartial composition of judges and recuperators in Ancient Rome permanent criminal courts (quaestiones perpetuae) and courts of recuperatores.

Key words: impartial justice, permanent criminal courts (quaestiones perpetuae), court of recuperators, selection of judges, lot drawing

ON 1150th ANNIVERSARY OF THE RUSSIAN STATEHOOD

Akishin M. O. (Novosibirsk) Problems of international legal personality upon accession of Siberia to Russia

The author analyses the formation of the institute of international legal personality upon accession of Siberia to Russia and the formation of a regional international legal system in Central Asia and the far East in the XVI – XVII centuries.

Key words: international legal personality, accession of Siberia, Mongolia, China

Shirinkina N. M. (Yekaterinburg) Title of head of state in political and legal development of Russia (IX - beginning of XX centuries)

The article shows the origins and development of the title of head of the Russian state, which is associated with development of the Russian statehood and informative content of designation of the supreme state power. The title is regarded as a political and legal phenomenon in relation to the evolution of state forms and legislative embodiment of titles.

Key words: history of state and law of Russia, government, the Russian statehood, title of head of state