This article is devoted to the study of problematic
issues related to notification of the person brought to
administrative responsibility, the place and the time of
the drawing up of a protocol. Lack of proper
regulatory legal regulation of the order of call of this
participant in the process gives rise to ambiguous law
enforcement practice. Non-recognition of the notice as
appropriate leads to a decision to terminate the
proceedings in the case of an administrative offense
and, as a consequence, to the removal of the offender
from punishment. The article analyzes various ways to
notify people, the authors emphasize the merits and
demerits of these methods. The conclusion of the
article suggests ways of improving the legislation
regulating the procedure for notifying persons about
the need for presence to draw up a protocol
The article is devoted to the analysis of the concept of
legal capacity, which is one of the fundamental concepts
in the science of civil law. The authors have covered
approaches to the disclosure of this concept in the legal
systems of foreign countries. The common features
inherent in all considered variants of interpretation were
revealed. Legal capacity is a sufficient criterion for
establishing the fact of the legal existence of a legal
entity. In accordance with Art. 17 of the Civil Code of the
Russian Federation, legal capacity is the ability of an
individual to have rights and bear responsibilities. The
emergence of the legal capacity of an individual is
determined by the moment of his birth (clause 2 of Article
17 of the Civil Code of the Russian Federation).
Accordingly, the termination of legal capacity is
determined by the moment of biological death (clause 2
of Article 17 of the Civil Code of the Russian Federation),
since the subject of law no longer exists. If the person has
been declared dead, but in fact is alive, this does not
detract from his legal capacity, he automatically continues
to use his legal capacity, respectively to enjoy the full
range of rights and bear the responsibilities. In the
scientific literature, both passive and active legal capacity
are distinguished. The authors study different approaches,
shows the lack of a common understanding of legal
capacity, but all analyzed doctrinal approaches have a
common feature - all reflections concern a certain person,
his rights and duties. The authors concluded that the key
component of legal capacity is the ability to be a subject
of statutory rights and obligations
The article considers the problems of addressing and
grounds of criminal responsibility for the rehabilitation
of Nazism, the concept and methods of committing
this crime. This article uses various opinions of
scientists-lawyers of Russia on the rehabilitation of
Nazism, such as: S. V. Rozenko, A. A. Turysheva, M.
L. Prokhorova and gives an opinion on the need to
implement the article 354 (1) of the criminal code of
the Russian Federation fully and the Federal law from
13.03.95, â„–32-FZ "About days of military glory and
anniversaries of Russia"
The article deals with the use of methods of operativeinvestigative
activities in cases of bribery,
inadmissibility of provocation by certain employees of
operational units of law enforcement bodies against
persons being developed in operational accounting
cases. At the same time, the main attention is paid to
strict observance of the criminal procedural legislation
in the fight against this type of criminal activity; some
problems associated with imperfection of the
regulatory legal regulation in the course of operative
investigation activities in the investigation of
corruption crimes are investigated. The circle of
subjects of provocative actions at stages before
excitation of criminal case and carrying out of
preliminary investigation is defined. The reasons and
problems of revealing provocative actions are
considered at carrying out of operatively-search
actions on affairs about bribery. The spectrum of
possible operative-search measures, which can be
conducted with the purpose of revealing and fixing the
facts of bribery, is analyzed. An assessment is made of
the possibility of using the results of such an
operational-search activity as an operational
introduction in establishing the facts of bribery. An
analysis of the judgments of the European Court of
Human Rights on cases of provocative actions during
the conduct of operational-search activities at various
stages of criminal proceedings in criminal cases on
bribery
The article analyzes the legislative definition of the term of "official of the body of inquiry" (introduced in the paragraph 6 of part 1. article 40.2 of the code of Criminal Procedure of the Russian Federation the Federal law from 30.12.2015 year); it substantiates the definition and demarcation of the procedural powers of the relevant officials involved in the instruction execution process of the head of the inquiry body
In the article there is a comparative analysis of the
criminal legislation of the countries of the near
abroad, regulating responsibility for the murder of a
newborn child by the mother
At the present stage, the juvenile legislation of the Russian Federation is going through a period of formation and determination of dominant purpose. The need for the regulation of emerging gaps and inaccuracies was reflected in the overall situation of juvenile delinquency in Russia. By eliminating errors and defects, we solve questions about the future of young and irresponsible people who have made a mistake and need proper correction and education
In modern Russia, there were not created key institutions of political and social development needed to involve young citizens in political and legal life, and very serious criticism is "the effectiveness of judicial reform" and the results of combating systemic corruption, without which it is difficult to count on the impact of the decrease in the level of political and legal nihilism among young people. The review of related problems and approaches to their solution are addressed in this article
This scientific article covers the relevant aspects of an investigator – criminalist of Investigatory Committee of the Russian Federation, both procedural and organizationally – tactical and managerial direction in the field of criminal justice. The author of the scientific article analyzes the norms of the Criminal procedure codex of the Russian Federation, departmental normative legal acts of the General Prosecutor and the Investigative Committee of the Russian Federation and expresses his own judgment; offers measures on improvement of position of some norms of the Criminal procedure codex of the Russian Federation on the studied issues
In the article the problematic issues of evaluation of
expert evidence during his interrogation in the court
have been considered, the scientific literature has been
analysed, the viewpoints of leading forensic scientists
and processualists on this issue have been considered.
The issues of evaluation of the expert evidence remain
relevant and currently under the conditions of
realisation of the adversarial principle of the parties in
the criminal proceeding. In the study, the need to
specify the subject of interrogation of the expert has
been emphasized, as well as the recommendations on
its carrying out in the court session. The suggestions
with regard to optimization of interrogation process of
the expert in court have been expressed, namely the
expert's petition in the court for the advance granting
of the list of questions in the written form and rejection
of questions which do not require the use of special
knowledge and equate the procedural status of the
expert to the status of the witness