The article explores the problems, acquaintance with the materials of the criminal case of a minor accused in the aspect of ensuring his rights as a defender and legal representative. With a view to the proper legal regulation of this procedure, it is proposed to establish a procedure for the joint familiarization with the criminal case file of counsel and the legal representative of a minor accused in the norms of the Code of Criminal Procedure, as well as the procedure for compulsory participation of a legal representative of a juvenile accused while acquainting himself with all materials of the criminal case
Russian civil legislation contains a list of ways in which
the parties to the transaction have the ability to enforce
the commitments. These methods form an important
institute of the Russian law of obligations. For a lender,
ensuring the fulfillment of the obligation is an additional
guarantee that the commitment made by the debtor of his
obligation will be fulfilled properly in accordance with
the terms of agreement between them. In this article we
will focus on independent guarantee – one of civil-law
ways of ensuring the fulfillment of the obligations which
differs from the others. The independent guarantee is not
new to the domestic civil law. Thus a bank guarantee,
familiar to the Russian law, have transformed. Having
made a comparative legal analysis of the characteristics of
a warranty considering significant changes in liability law
norms, the authors explore the legal nature of the
independent guarantee, define its place in the system of
the ways of ensuring the fulfillment of obligations,
analyze the feasibility and effectiveness of the
implementation of the warranty in practice, focus
attention on the discussion of theoretical questions, and
name problems that law enforcers may face in ensuring
the fulfillment of obligations by means of the independent
guarantee
The ongoing administrative reform in Russia has been
carried out with the help of modern technology and
human resources and it has a significant impact on the
staff of the civil service - civil servants. This article
presents the position of the Government of the Russian
Federation, according to which the establishment of
effective contract - one of the ways of development,
improve the remuneration system for civil servants,
public servants themselves assessment of this
innovation, presented the implementation of effective
regulatory framework contract is indicated by its
ideology. The factor affecting the wages of civil
servants is a performance indicator; the article lists its
views. In different departments, employee
performance is evaluated differently in the article
presents an assessment of the effectiveness of them.
The evaluation of the implementation of effective
contract Sergei Filatov, who served as President of the
socio-economic and intellectual programs and Dmitry
Abzalov - President of the Center for Strategic
Communications. Also there was shown the analysis
of public servants’ understanding, feasibility and
impact of introducing effective contract in the state
structures. We have proposed measures to address
misunderstandings of the reform civil servants. There
are findings as well as possible scenarios after the
establishment of effective contract
There are often used evaluative indications in
Russian legislation during legal rules design –
concepts, which are not determined by current law. On the one hand, it is an inevitable occurrence. But on the other hand, it affects negative on a uniform
application of criminal law norms and qualification of crimes
In accordance with clause 53 of the Criminal Code of the Russian Federation, an advocate is entitled to take part in any investigative actions where his client is involved. But this right is not always used; actually, none of the advocates would confess that avoiding such events is a way to save time, and when being asked he (she) points out another reason – investigators don’t announce the forthcoming events beforehand
In this scientific article, the author considers the main problems, concluding in following: in the course of realization of the checking and control not to leave for determined limit, ungrounded not to limit remedial independence of investigator. After all public prosecutor, chief of the subdivision inquiry, court, realizing remedial checking and control, simultaneously must work out beside investigator independence, professionalism, skills to take the faithful decisions on base of the analysis to investigation situation
This article discusses the different approaches to the classification of transnational criminal organizations, analyzes the model of transnational criminal activity. We have also presented convincing arguments about the need for delimitation of concepts such as "international criminal organization" and "transnational criminal organizations." Comparing transnational criminal association with major legal corporations in scale, structure, organization, the author substantiates the conclusion that the use of management principles to build the most "effective" management structure of transnational criminal organizations
Currently, with the support of the Krasnodar region
administration, the task of returning the Cossack
way of life in the territory of Kuban is being solved.
In these conditions, features of honor, dignity and
business reputation of Cossacks of the Kuban
Cossack army as objects of the civil protection legal
relationship on their judicial protection from
defamation, considered in the article, become very
relevant. It is suggested in defamatory litigation to
leave the stereotyped, based on the same for all
understanding of these immaterial benefits, to take
into account their characteristics for the different
groups of population, including Cossacks of the
Kuban Cossack army
A combination of two attributes envisaged in Article 105 of the Russian Federation Criminal Code - organized criminal group and criminal community (criminal organization), add a considerable peculiarity to the process of formation of original data, and criminalistically credible information relating to the category of crimes being considered in the process of evidences formation. The author includes both material and ideal elements in the original information depicting criminalistically credible attributes of constituent elements of the crime and also the circumstances indirectly associated with it, thus, facilitating generation of evidences at the phase of initiation of a criminal case, and enabling identification of circumstances subject to assessment and evidencing at the phase of preliminary investigation
The article has examined the legal nature of borrowings. The author carries out a comparative legal analysis of debt obligations in comparison with the obligations arising from the contract of bank deposit, bank account agreement, loan agreement, factoring agreement, the insurance contract, the contract of storage. On the basis of a comparative research of the obligations arising from the loan agreement with the other financial liabilities we have determined the state of borrowings in the financial obligations. The author proves the general nature of the obligation of the loan in relation to other financial obligations. A contract of loan for the purpose of its subject and obligations arising from it is much closer to the lease contract and the loan, rather than to the same insurance contract or bank deposit. Borrowings are different from financial obligations only by the fact that its objects are things that contain generic characteristics, interchangeable and not individually defined, as it is in the case of contracts of property employment and loans. An important difference between the loan agreements from other financial instruments is the fact that in the loan agreement the property is transferred to the ownership and not in the possession and use of the borrower