Annotations № 6 / 2012
JURIDICAL CONGRESS IN YEKATERINBURG
Expert group: «Criminological expertise of the Eurasian transport system»
Mindagulov A. Kh. (Kazakhstan, Almaty) Providing transport safety (about conception of Republic Kazakhstan draft law)
Defects of conception of draft law about making changes to some legislative acts with aim to provide transport safety are analyzed. It is discussed what must be took into account during working it out, group of questions that should be answered in conception. Plan of working out the concept of «transport safety» is given. Necessity of working out a special law devoted to transport safety is indicated.
Key words: conception of draft law, concept of «transport safety»
Galiev B. B. (Kazakhstan, Kostanay) Crime scene as an issue of jurisdiction of the criminal law in space
The issues related to the definition of the criminal law in the case of the offense is committed on territory of one state and the consequences have come the territory of another or accomplices acted in neighboring countries. It is proposed to solve the problem within the framework of the Common Economic Space of EurAsEC.
Key words: crime scene, spatial jurisdiction of criminal law, Minsk convention, Model Criminal Code of CIS members
Kuznetsov M. P. (Yekaterinburg) Criminal responsibility for non-performance of requirements for providing of transport safety
Problems of applying of criminal responsibility for nonperformance of requirements for providing of transport safety (article 2631 of criminal code of the RF) are analyzed.
Key words: requirements for providing of transport safety, objects of transport infrastructure and means of transport, criminal responsibility
PUBLIC ISSUES AND POLITICAL SCIENCE
Gusev A. V. (Yekaterinburg) State civil service: a combination of public and private law beginnings
The review of the views of the scientists on the nature of private and public in civil service. The civil service as a profession, labour relations at the civil service, delivery of government services in the civil service are considered.
Key words: state civil service publicity, state service as an activity, state civil service as hired labor, professionalism in the public service, public authority, public services
Sagindykova A. N. (Yekaterinburg) The competence of the police in the licensing of the private security and private detective activity: the concept and the normative content
Based on the analysis Russian Federation legislation and common understanding of the terms «competence» and «activities» of police units in the licensing of private security and private detective activity the concepts and normative content are revealed. The ways of improving legislation in this area of public relations are suggested.
Key words: competence, activities, licensing, police, private security and private detective activity
INTERNATIONAL LAW
Merezhko A. A. (Ukraine, Kiev) Psychological theory of private international law
Based on the work of L. I. Petrazhitsky various aspects of the application of psychological theory of law to the study of private international law are discussed. From the standpoint of psychological theory certain institutions and certain problems of private international law are studied: the use of peremptory norms, renvoi, the principles of private international law, etc.
Key words: psychological theory, Petrazhitsky, private international law
Mammadov U. Yu. (Kazan) Certain issues of theory and practice of recognition of states in contemporary international law
Based on world events the urgency of the issues of recognition in contemporary international law is especially underlined. In the context of analysis of conditions and criteria of recognition and non-recognition of new states, it is stressed that alongside with the material conditions for statehood, the criteria of effectiveness and legitimacy are essential. The concept upon which in case of serious violations of human rights of certain group the latter possesses the right to secede from existing state and obtain recognition as a new state are critically assessed as such a concept would mean substitution of existing mechanisms of protection of human rights.
Key words: recognition of States, constitutive theory of recognition, declarative theory of recognition, criteria of recognition, non-recognition, criteria of statehood, criterion of effectiveness, criterion of legitimacy
CRIMINAL LAW AND PROCEDURE
Kozachenko I. Ya. (Yekaterinburg) The subject of the criminal law: content and structure
From the philosophical and methodological positions the problems of subject of criminal law are considered taking into account the realities of social, economic and political life within the structure of which its doctrinal and legislative capacity is realized.
Key words: criminal law, subject of criminal law, structure of criminal law, criminal law system
Kurchenko V. N. (Yekaterinburg) Limitation in the criminal law
The problems of exemption from criminal responsibility in connection with expiration of the limitation period are considered. The beginning and the end of its course, the circumstances suspending its course are studied. The author analyzes the procedural aspects of the application of limitation.
Key words: limitation, termination, suspension, failure, exemption from punishment
Davletov A. A. (Yekaterinburg) Problems of procedural form of criminal proceedings
The article is devoted to the form of the modern criminal proceedings in Russia, revealed through the concept of «competitiveness» and «search». The author concludes that the pre-trial proceedings should be built on the investigation beginnings and the place of competitiveness is in court proceedings, since only under such a procedure an external equality of the parties and the independence and impartiality of the court are provided.
Key words: form of criminal proceedings, investigative form of criminal procedural activity, pre-trial proceedings, stage of initiation of criminal case
Novoselov G. P. (Yekaterinburg) Notion of complicity and character of the joint participation
The author proves that a joint commission of a crime is not one of the grounds allocated in the notion of participation in general number of other quantitative and qualitative characters but a generic term in relation to which the complicity acts as a specific term.
Key words: notion of complicity, a sign of joint participation, quantitative attribute of complicity, joint infliction of harm, participation in a deliberate crime, intentional participation
Balakshin V. S. (Yekaterinburg) Prejudicial force in criminal proceedings of decision adopted in administrative process
The author draws attention to the problem of recognition of prejudicial in criminal proceedings of decisions adopted in the administrative proceedings.
Key words: prejudice, judgment on the case of administrative violation, administrative proceedings, criminal proceedings
Lazutin L. A. (Yekaterinburg) Constitutive acts of international courts as regulators of legal assistance in criminal matters
Constitutive acts of international judicial institutions, containing the norms on international cooperation and mutual legal assistance on specific criminal cases are considered. The list of the proceedings which correspond to the volume of mutual legal assistance as provided for in international agreements on legal assistance in criminal matters is presented. The author proposes to consider international judicial institutions’ constitutive acts rules as an element of the institute legal assistance in criminal matters.
Key words: legal assistance in criminal matters, international agreements, legal proceedings, international cooperation in criminal matters, International Criminal Court, military tribunal
Gladysheva O. V. (Krasnodar) The competence of investigator to ensure the legitimate interests of the person in pre-trial proceedings
The powers of investigator in the sphere of legitimate interests of the person in pretrial proceedings ensuring are analyzed. It is proposed in to consolidate the legal status of the applicant who has been called for questioning and the lawyer by adding articles 561, 562 and 563 to chapter 8 of CPC of the RF and also to provide two new grounds for recognizing a person injured: applying for a crime and institution of criminal proceedings. It is substantiated that the investigator should create the necessary conditions for the effective implementation of the rights of all participants in the pre-trial proceedings taking into account not only their procedural status but also the actual situation.
Key words: the investigator, person, legitimate interests, pre-trial proceedings, victim, investigative actions
Zatsepin M. N. (Yekaterinburg) Some criminological assessments of the «action» of the Land Code of the Russian Federation
Some problems of the Land Code arising from defects of legal technique, specific provisions of the LC are considered. Examples of practical situations caused by such legislation «flaws» are given.
Key words: Land Code, implementation, assessment criminological
Sheremetyev A. P. (Krasnodar) On the limitation of the excessive length of the criminal proceedings and period of accused’ detention in custody
The necessity for limitations of criminal proceedings and detention periods is substantiated. The author argues that the period for criminal proceedings at the end of which the interested person's right to appeal to the court for compensation for violation of a reasonable period of criminal proceedings shall be determined according to the severity of the crime and other factors listed in p 3. of art. 61 of the CPC of the RF.
Key words: human rights, reasonable time, detention, deadline
QUESTIONS OF INVESTIGAION AND OPERATIVE RESEARCH
Karagodin V. N. (Yekaterinburg) Theory and practice of flagrante delicto in the Russian criminal proceedings
On the basis of current practice and theoretical views the actual problems of flagrante delicto are examined.
Key words: criminal proceedings, arrest, detention
Berdnikova O. P. (Yekaterinburg) Interaction between the investigator and the body of inquiries in cases suspended over failure to identify the perpetrators
The article reveals the main measures to be taken by an investigator on suspended case concerning the unsolved crime. The author calls the basic directions of investigator’s use of field officers help in the work on the cases suspended over failure to identify the perpetrators of robbery and holdup committed by organized groups.
Key words: organized group, latent crimes, interaction of law enforcement bodies, non-procedural measures
ECONOMICS AND LAW
Vinnitskij D. V. (Yekaterinburg) Fundamentals of budget legislation in the EurAsEC: Issues and Solutions
The article deals with the issues of elaboration of the Fundamentals of Budget Legislation of the EurAsEC (as a multilateral international treaty) in the light of the discussion on the correlation of the treaty law of the Community (including treaties on the Customs Union), national budget legislation of the Member States and the legal system of the WTO. The author also analyzes the role of the EurAsEC Court and its jurisdiction and the relevant European academic doctrine. In the end of the article the main principles, the key provisions and the structure of the Draft Fundamentals of Budget Legislation of the EurAsEC are offered for discussion.
Key words: EurAsEC, Customs Union, Budget law, Fundamentals of Budget Legislation, jurisdiction of the EurAsEC Court
Mukova L. A. (Botevgrad, Bulgaria) Two perspectives on the economic institutionalization of the state
This article is a commentary on some of the basic tenets of institutionalism - one of the contemporary currents of economic theory concerning such a public institute as the state, its economic nature, seen through the prism of rights of property and transactions, typology. The commentary is in connection to the model of the state of D. Nort. The purpose of this paper is to determine the similarities and differences between the legal and the economic explanation of the state and institutions associated with it to determine the course of its future development in connection to the legal regulation of the economic relations in modern society.
Key words: institutional economics, model of the state, institute of ownership rights, economic nature of the state, typology of states
Bragin I. A. (Chelyabinsk) Raiding in Russia - an indicator of the institutional crisis of ownership relations
The article is devoted to criminological aspects of the institutional crisis of ownership relations under conditions of the Russian economy reforming. The author explores the criminological motivation of raiding and suggests ways for property legitimization.
Key words: raiding, inviolability and legitimacy of property, economic freedom, competition, social balance
LABOUR AND SOCIAL LAW
Mayfat A. V. (Yekaterinburg) Some issues of professional athletes’ rights protection
The article deals with the legal nature of sports injuries, the analysis of correlation of concepts sports injury, accident, occupational disease is given. The question of the legal nature of the funds paid by the employer in case of sports injuries is examined.
Key words: sports injury, compensation, personal injury, athlete
EXPERTISE
Kukushkin M. I. (Yekaterinburg) On the question of expert assessment of draft laws in the subjects of the Russian Federation
The mechanism of legislative work in the Russian Federation is described on the example of the Experimental Council of the Ural Institute of regional legislation.
Key words: law, examination
Mamurkov V. A. (Yekaterinburg) Foundations of systematization and classification of biological objects
Scientific principles systematization and classification of biological objects studied by criminology are named. The classification objects by the mechanism of formation of the tracks, by the circumstances of traces’ of biological origin occurrence, by the form of forensic examination are considered.
Key words: forensic investigations, biological objects, classification, classification, principles, bases
SPECIAL CASES
Grigoryev I. V., Osintsev D. V. (Yekaterinburg) Problems of legal regulation of conflict of interests in the state civil service
Concerns raised in the activity of commission on observance of requirements to the official conduct and resolution of conflicts of interests connected with the need to report the income, property and property obligations of spouses and minor children of employees and with the need of civil servants to transfer securities, shares (shares in the authorized (share) capital of organizations).
Key words: state civil service, conflict of interest, information on income, assets and obligations of a material nature, anti-corruption activity, commission on observance of requirements to the official conduct and resolution of conflicts of interests
PAGES OF HISTORY
Smykalin A. S. (Yekaterinburg) Problems of legal regulation Russian-American relations (on the example of the Joint Commissions POW-MIA activity)
The article is devoted to one of the aspects of the Russian-American relations – search for prisoners and missing persons of these countries during the Second World War, the wars in Korea, Vietnam, and the «cold war». A 20-year joint work of the Commission POW-MIA is thoroughly treated, attention to the problems of legal regulation of this activity is drawn. The concrete examples of the commission work are given, prospects the Commission POW-MIA are formulated.
Key words: Russian-American relations, the Commission POW-MIA, foreign prisoners, search of citizens of Russia and the U.S.
ON 1150th ANNIVERSARY OF THE RUSSIAN STATEHOOD
Kodan S. V. (Yekaterinburg), Fevralev S. A. (Zlatoust) The local law of national regions of the Russian Empire in the policy of the supreme power (the second half of XVII – beginning of XX century)
The article examines the relationship of the Russian authorities to local law of national regions during the formation and existence of the imperial form of the Russian statehood. The place and role of particularistic legal sources of individual nations in the policy of the Russian state, the main trends and factors of its development in the framework of existing models of the relationship of the imperial center with a population of ethnic regions are shown.
Key words: history of state and law of Russia, the Russian state, the Russian Empire, the national regions, sources of the Russian law, system of the Russian law, the local law
LIBRARY
Marochkin S. Yu., Belyaev S. V. (Tyumen) Review of the book: Bezborodov Yu. International law from jus gentium to global law: Collected papers. - Saarbruecken: LAP LAMBERT Academic Publishing, 2012. - 134 p.