Annotations № 4 / 2014
THEORY OF LAW AND STATE
Semyakin M. N. (Yekaterinburg, Urals State Law University, e-mail: Misha2008@uralweb.ru) Civilistic legal science and legal practice
The influence of legal practice and legal doctrine on each other in civilistics is investigated. The author concludes that civilistic practice is forming on its own basis but legal means, forms, methods, mechanisms, scientific instruments for this process must be developed by civilistic science.
Key words: doctrine, legal science, scientific character, civilistic practice, activity
CONSTITUTIONAL LAW AND PROCEDURE
Travnikov N. O. (Kurgan, Kurgan Frontier Institute of the Federal Security Service of the Russian Federation, e-mail: Pedanov25@mail.ru) The constitutional-legal analysis of the concept of «right to information»
The author considers the definitions of right to information proposed in scientific literature and concludes that it’s necessary to exclude the powers forming freedom of speech and creativity from its content, and offers to legislate the public authorities’ obligation to report on their performance.
Key words: definition, right to information, freedom of speech, freedom of creativity, subjective right, power
Mullagaleeva R. R. (Ufa, Bashkir State University, e-mail: ufamrr@mail.ru) An impact of federalism on the development of the institute of interaction of representative authorities in Russia
The development of the institute of interaction of representative (legislative) authorities in Russia from 1917 to present time is studied. An impact of federalism on changing the legal nature of interaction of the state representative authorities is examined.
Key words: inter-parliamentary cooperation, representative (legislative) authorities, federalism
INTERNATIONAL LAW
Lazutin L. A. (Yekaterinburg, Urals State Law University, e-mail: mp@usla.ru) Some doctrinal and practical problems of the institute of legal assistance on criminal cases
An overall assessment of legal assistance on criminal cases is given. The author concludes that legal assistance in international criminal law is a complex interdisciplinary institute that promotes the full and effective implementation of international criminal law. Interaction of national law enforcement authorities and international criminal courts and tribunals is examined. It is noted that the issues of legal assistance are included in constituent acts of international criminal judicial institutions.
Key words: legal assistance on criminal cases, international criminal law, international criminal courts and tribunals, sources of international criminal law
Korol’kova N. V. (Yekaterinburg, Urals State Law University, e-mail: karoll@uralmail.com) Observation as a method of international control in international law
The author cites a variety of approaches to observation in international law. She pays particular attention to the role of observation in international control. It is substantiated that observation as a method of international control activity and other methods are closely interrelated.
Key words: observation in international law, international control, methods of international control
COMPARATIVE JURISPRUDENCE
Kokotova M. A. (Yekaterinburg, Urals State Law University, e-mail: km231089@yandex.ru) A comparison of procedural guarantees in the Constitutional Council of France and in the Constitutional Court of the Russian Federation
Implementation of definite constitutional control in the Constitutional Council of the French Republic and in the Constitutional Court of the Russian Federation as a way of rationalization is examined. The aim of the article is to identify and explain the difference between the methods used by these authorities to solve the same problems. The author shows that such difference is a consequence of not only different scheme of constitutional control, but different procedural requirements.
Key words: ways to rationalize, procedural requirements, Constitutional Council of the French Republic, Constitutional Court of the Russian Federation
Symanyuk N. V. (Yekaterinburg, Urals State Law University, e-mail: kp@usla.ru) On the comparative legal method in scientific research
The article discusses some aspects of the comparative legal analysis in research on state-legal phenomena. The author emphasizes that the comparative legal method is useful for investigating the issue of a form of government.
Key words: comparative law, legal relations, legal nature, form of government
CRIMINAL LAW AND PROCEDURE
Bespal’ko V. G. (Moscow, Russian Customs Academy, e-mail: viktor_bespalko@mail.ru) Biblical standards of criminal law ensuring respect for parents and their projection on the Russian legislation
Provisions of Moses Pentateuch that establish criminality and severe punishment for the various manifestations of disrespect for parents are analyzed. A historical parallel to the Russian criminal law of X–XXI centuries is drawn. The author asserts that it’s possible to include an Old Testament principle of respect for parents in current Russian criminal law by amending the rules on crimes against life and health, freedom and dignity of the individual.
Key words: crimes against family, crimes against parents, Bible
Menshikova A. G. (Yekaterinburg, Urals State Law University, e-mail: uglaw@yandex.ru) Correlation of concepts of «particular cruelty», «torture» and «tortments» in relation to p. «v» p. 2 art. 112 of the CC of the RF
The author analyses how correlation of concepts of «particular cruelty», «torture» and «tortments» and the rules of p. «v» p. 2 art. 112 of the CC of the RF are interpreted in a doctrine of criminal law, decisions of the Supreme Court of the Russian Federation, as well as materials of judicial practice concerning criminal cases on charges of committing a crime under the mentioned norm. The author gives the interpretation of this correlation. It is proposed to adopt the decision of the Plenum of the Supreme Court of the RF, which will establish a unified approach to correlation of these concepts.
Key words: particular cruelty, torture, tortments, correlation, injury of moderate severity
Galiev B. B. (Kostanai, Kazakhstan, Kostanai branch of Chelyabinsk State University, e-mail: uglaw@yandex.ru) Unification of legislations of the Customs Union and the CIS concerning the fight against transnational crimes as one of the most effective forms of counteracting its nowadays challenges
The article is devoted to the fight against transnational crimes, which has become one of the key issues in the world community. Unification of definite branches of law of the EurAsEC countries and the CIS could be an effective step in this direction.
Key words: unification of legislation, globalization, transnational organized crime, Customs Union, Model Criminal Code
Kozubenko Yu. V. (Yekaterinburg, Urals State Law University, e-mail: yuri.kozubenko@usla.ru) On the grounds for judgement of conviction without prescribing a punishment
The issues of judgement of conviction without prescribing a punishment are considered on the basis of judicial practice and the development of procedural form. Mixed legal institutes such as amnesty and pardon are supposed to confirm the unity of substantive and procedural law and the existence of such criminal legal regulation mechanism as an inter-branch legal construction which determines the system of procedural acts according to structure of a normative logical formula. This formula («crime – criminal prosecution – criminal liability – punishment») allows to define the ways of unpunishment judgement of conviction on the basis of the analysis of reasons for exemption from criminal liability and punishment. In conclusion there is a list of all the grounds for judgement of conviction without prescribing a punishment.
Key words: judgement of conviction without prescribing a punishment, exemption from criminal liability and punishment, criminal-legal regulation mechanism, amnesty, pardon, crime environment changes
Tisen O. N. (Orenburg, Prosecutor’s Office of the Orenburg region, е-mail: Olga-tisen@yandex.ru) The institute of pre-judicial arrangement on cooperation as a simplified form of justice
The author refers to the institute of pre-judicial arrangement on cooperation as a form of simplified judicial proceedings. She considers a drawback of acceleration of court procedures, and points out that it’s inadmissible to minimize rights and legitimate interests of participants of criminal proceedings conducted in shortened order.
Key words: shortened order of judicial proceedings, pre-judicial arrangement on cooperation, principles of criminal justice
Zhumakanova N. A. (Yekaterinburg, Urals State Law University, e-mail: jna06@mail.ru) What prosecutor comes to the appeal?
A problem of simultaneous participation of public prosecutor and procurator in hearings in the appellate court is studied.
Key words: public prosecutor, procutator, prosecution, appellate court
QUESTIONS OF INVESTIGATION AND OPERATIVE-RESEARCH ACTIVITY
Drapkin L. Ya. (Yekaterinburg, Urals State Law University, e-mail: ruzh@usla.ru) The peculiarities of investigation of unsolved crimes of past years
Cases suspended in previous years are considered to be the most difficult for disclosuring and investigating. The main clue to disclosure such crimes is often the analysis of errors and their solution, the method of analogy used to reveal similar cases and the nomination of new investigative versions.
Key words: version, similar criminal cases, errors and their analysis, guilty person
CIVIL LAW AND PROCEDURE
Zhernakov D. V. (Yekaterinburg, Urals State Law University, e-mail: grpravo@usla.ru) On the legal regime of underground facilities
The legal (legal-civil) regime of underground facilities is analyzed. The author’s attention is drawn to improving the norms that establish such regime in different federal-level normative acts.
Key words: underground facilities, legal regime, land plot, subsoil plot
Fetyukov F. V. (Yekaterinburg, Urals State Law University, e-mail: nich@usla.ru) Logical-language requirements for presentation of judicial acts
The author proves that there must be logical-language requirements for presentation of judicial acts. Following these requirements is regarded as one of the imperatives ensuring effective implementation of judicial acts. The analysis of procedural law and interpretative acts of the Supreme Court of the RF and the Supreme Arbitration Court of the RF shows that requirements are generally imposed on the structure and content of judicial acts, and linguistic resources of their presentation are often brushed aside. The author draws attention to the lack of applied investigations on the language of judicial acts.
Key words: judicial act, language of judicial acts, legal-linguistic rules, lexicalgrammatical means, logical-language requirements, law enforcement activity
Mikhaleva M. O. (Yekaterinburg, CJSC Law Firm «LEV», e-mail: mari_walewskamihalyva@list.ru) Skipping the limitation period for going to court to collect the arrears by tax authorities as a ground for termination of tax liability
The article is devoted to skipping the limitation period by tax authorities. The author considers the development of procedural rules of tax law and its impact on the framework of tax liability.
Key words: arrear, tax authorities, limitation period for collection of the tax, recovery of limitation period
PROCURACY SUPERVISION
Kozhevnikov O. A. (Yekaterinburg, Urals State Law University, e-mail: o-kozhevnikov@yandex.ru) On some issues of organization and activity of the Russian Prosecutor’s Office
The purpose of the Prosecutor’s Office, its relations with the Federal Assembly of the RF, the President of the RF and other subjects are considered, the procedure of appointment of prosecutors of subjects of the RF is analyzed. The prosecutors’ powers fixed by federal constitutional and federal laws, but not included in the Federal Law «On Prosecutor’s Office» are analyzed.
Key words: Federal Assembly of the RF, President of the RF, General Prosecutor of the RF, Prosecutors’ Office, procuracy supervision
ON THE 150TH ANNIVERSARY OF COURT STATUTES OF 1864 AND 140TH ANNIVERSARY OF PROFESSIONAL ADVOCACY IN THE URALS
Smirnov V. N. (Yekaterinburg, Urals State Law University, e-mail: up@usla.ru) Sovietization of advocacy: the purges and repressions in the Urals (1923–1948)
Personnel purges and repressions were one of the methods of sovietization of advocacy. Forced nationalization of advocacy, as well as the lifes of Ural advocates repressed in 1923–1948 are revealed according to archival documents.
Key words: board, protector, defender, advocate, reorganization, Trotskyism, counter-revolutionary activities, the policy of «Great Terror», «troika» UNKVD
PAGES OF HISTORY
Zholobova G. A. (Orenburg, Orenburg Institute (branch) of the Moscow State Law University, e-mail: galina-zholobova@mail.ru) The domestic mechanism of legal regulation of alcohol trade in the context of excise system of their taxation: on efficiency of Alexander’s III alcohol policy
Basing on the analysis of the legislation in 1881–1894 the author presents a retrospective of the mechanism of legal regulation of alcohol trade in conditions of free trade. There is the analysis of main trends of legislative and administrative activity of Alexander’s III government, and first of all, of the Ministries of Finance, who wanted to increase the drinkable income of the state on the one hand and to fight against the alcoholization of population on the other hand. The author shows that trying to solve the problem of legal regulation of alcohol trade Alexander III gradually restrict its freedom.
Key words: alcohol drinks, alcohol, trade, patent, law, supervision, excise
Kodan S. V. (Yekaterinburg, Urals State Law University, e-mail: tgp@usla.ru) M. M. Speransky: conceptual approaches to systematization of the Russian legislation
M. M. Speransky’s conceptual approaches to systematization of legislation are analyzed. He was the first who had formulated theoretical propositions of Russian jurisprudence that were used for creating the Complete Collection of Laws and the Code of Laws of the Russian Empire. Several provisions still attract interest in current theory of law.
Key words: history of state and law in Russia, theory of state and law, systematization of legislation, M. M. Speransky
LEGAL HERITAGE
M. M. Speransky and systematization of legislation: extracts from creative heritage
MUSEUM OF HISTORY OF SLI - USLA - USLU
Zipunnikova N. N. (Yekaterinburg, Urals State Law University, e-mail: igp@usla.ru) On the task of «forging militant Soviet lawyers» and research work in Siberia (Irkutsk) Institute of Soviet law in 1932
LIBRARY
Investigation of crimes committed by juveniles: Scientific-practical guide / ed. By V. N. Karagodin. SPb.: Yuridicheskiy tsentr Press, 2014. – 439 p.
CHRONICLE
International Forum on WTO Law (March 20–22, Kaliningrad)