The author of the article explores the order of the using the special knowledge in the investigation of the unlawful use of the trademark, the forms of the using special knowledge. It is impossible to carry out the investigation of the illegal use of a trademark just as other economic crimes without the use of the special knowledge. The main task which is solved by means of the expert research is finding of the use on the certain products of the alien trademark, this means there are mismatches of the product quality with the quality of the claimed trademark. No matter in what forms the special knowledge is used (the expertise, the professional judgment or the debriefing of the knowledgeable person), it should be used at the time of the inspection reports of the illegal use of the trademark. The author has examined the procedures of the competent person, who invited as a specialist during the inspection of the seizure, counterfeit products; he showed the sequencing of the action for the implementation of the examination by a specialist. During the inspection the expert must assist the investigator (inquirer) in the identifying of those attributes that point to counterfeit products. The characteristic signs of the counterfeit products were investigated. It is highlighted the need for special knowledge in the field of merchandising, for the conducting of the merchandising researches in the investigation of the unlawful use of the trademark, is also needed for the appointment and other examinations such as patents; computer, technical and forensic examination of documents
The article deals with the problems of the automation of an investigation targeting and planning. The authors consider the possibility of the development of the automatic logic system for designing and using investigation methods of different types of crime. The authors propose the following solution of the problem:
handling of the data of criminal cases of the certain type of crime to analyze and highlight the initial information; developing of the typical investigation situations and hypothesis with logic chain; developing a set of measures (investigative activities, search operations, organizational preparations and other actions), which can help achieve the objectives; list of tools necessary to carry them out
The scientific article: "The crimes committed by legal persons in foreign countries and penalties applied to them (a systematic review of international practice)" encompasses a statement of practices in sentencing in foreign countries for crimes committed by legal entities. The article reflected the author's consistent position on the feasibility of the introduction of the Russian criminal law liability of legal persons, which is justified by reference to the experience of the institution of criminal liability of legal entities in several foreign countries, and forsake not the position of the Investigative Committee of the country, nominated in 2011, the idea of criminal liability companies. The content of the article is aimed at an exchange of views on the problems of introducing criminal liability of legal persons in the Russian criminal law. Analyzed experience in combating crime entities reasoned position as the leading experts in this area and materials jurisprudence allows fully justified to assume a legal entity as a full subject of criminal activities in Russia. In addition, the chronological period law enforcement and pluralistic views of members of the judiciary of England and the United States, determine the inevitable process of globalization of the world legal community in which Russia now occupies a prominent place
The article is devoted to the creation and activity of principally new organs of local self-government for Russian state – province and uyezd Zemstvos, which were formed by means of elections. Peculiarities of political and legal mechanism of formation of overall class organs of local authorities having too many powers in decision of questions of local sense are disclosed. Attention is paid to incompleteness of legislative regulation of many electoral procedures that made the sphere of administrative discretion significant. There were enlightened principally important characteristics of elections in Zemstvo which are overall class and combination of a principle of property qualification with noble family class representation, on the basis of which the author makes the conclusion on necessity of extension of representations of modern legal science on present qualifications. The comparative analysis of public polemic on the questions of results of Zemstvo reforms is conducted. In general bulk of ideas on extension of Zemstvo representative law the author was singled out two main trends: extension of quantity of voters by means of decrease of qualification limitations and equalization of representation of different social and class groups of population. On the basis of analysis of legal bases of formation and development of electoral process in XIX century the assessment of adequacy of modern system of Russian representative legislation is implemented
The concept, essence, value and classification of financial-legal norms are considered in the article. The special attention is paid to detection of peculiarities of these norms allowing delimiting them from norms of other branches of the law. The article emphasizes the fact that the direct purpose of the financial law norms is defined by a subject of the financial-legal regulation that is the relations arising in the process of public financial activities for regulation of formation, distribution and use of public funds of money. The authors’ opinion is reasoned about the fact that financial-legal norms are seldom arise as actual one because rules of conduct very rarely developed in social life as a prototype of the financial-legal norms. This circumstance is caused by the fact that financial relations do not exist and do not arise by it; these relations are shown in the forms determined by the state (municipalities) and depend primarily on social needs which are determined by a level of development of the commodity-money relations, extent of the state activity, social problems and so on. Besides, authors explore the reasons of instability of the financial law norms. In addition, in this article the authors’ opinion about action mechanism of the financial law norms as very actual phenomenon in modern Russia is reasoned. Due to the fact that the budget system of the country is under the influence of financial-legal norms, with help of such norms state extra-budgetary social funds formed and used, monetary and exchange rate policy carried out, so the need of deeper study of these norms and understanding their action mechanism is very actual phenomenon in modern Russia
The article analyzes the most important works on the history, regulatory, and organizational and legal regulation of secret police of the Russian Empire engaged in the fight against criminal offenses, as well as a brief analysis and commentary of the content. It is noted that in the pre-revolutionary historiography special studies on the historical and legal analysis of the criminal investigation have been identified as the national system of secret police was formed only in 1908. In all Soviet historiography police detective, exactly like all public institutions of autocratic Russia as a whole was considered from the extremely negative side, with an emphasis on its "class, anti-national character" and "reactionary nature", within the established ideological dogmas that ultimately resulted in the loss of objectivity and distortion of the truth. Post-Soviet historiography is characterized by an almost total abandonment of rigidly set ideological attitudes that positively entailed as a new vector in the development of historical and historical and legal sciences in general and objective coverage of the problem in particular. During this period there were some published works, though fragmentary, which address the problems of Russian secret police in historical and legal aspects, taking into account the new conceptual approach
The article shows that in the late XIX - early XX century in Russia it was really bad crime situation. Therefore, on March 12, 1908 due to the orders of the Director of the Police Department, M.I. Trusevich it was formed "Department of Criminal Detective parts", so 8th paperwork Department, tasked with the general supervision over the activities of the detective department of the Empire. June 20, 1908 in the State Duma they discussed the draft law "To the organization of the detective department". July 6, 1908, approved by the State Council and the State duma, the law "To the organization of the detective department" was approved by the Highest Emperor Nicholas II. In accordance with the law there were approved the authorities of the criminal investigation in the largest cities of Russia. The article states that the total number of police detective was brought to 96 units. Analyzing the law in question, it should point to a number of shortcomings associated with its material component. Firstly, this is a minor detective department states even for the 1st category, which significantly reduces the impact of operational and investigative activities, in addition, the absence of the detective department states in the 3rd and 4th digits as an assistant chief of the Detective Department gave problems in cases vacation, business trip or illness head. But in the article there are different and positive aspects of the law. With the adoption of the law it became possible the creation of the All-Russian secret police system
The article notes that in the XIX century by the name of the decree of the Emperor Alexander II there was formed the Kuban area, including the territories of the Black Sea Coast, North-Eastern part of the Kuban and Zakubanye. Based on the opinions of imperial approval of the State Council "On the permission for the Russian citizen of non-army class to settle and acquire property in the lands of the Cossack troops" from April 29, 1868, Kuban as a whole, and the town of Ekaterinodar, in particular, have received a significant increase in population, which meant the prospect of rapid economic development. The article states that in the period from 1869 to 1871 on the territory of the Kuban region there was a judicial reform, which had a result: from the January 1, 1871, alongside with the formation of new courts there were established new court departments of prosecution of the Ekaterinodar District Court. Along with this great transformation, taking place in the police, the Emperor Alexander II, with a view to changes and improvements in the apparatus of the police, approved the "Temporary Regulations for the structure of the police in towns and districts of the provinces, the general establishment of the governed", which provided preservation for the city police exclusively in provincial and major district towns, leaving it under domination of the police chiefs. The rest of the city and the county police subordinated to the county police departments headed by the county police officer
Every stage of development of society is accompanied by the development of a state. Land has an inseparable connection with the development of a society as far as it is a basis of relations on possession, use and arrangement with it. Taking the analysis of considering period we see what kind of development was obtained by the land use. As well as we see the importance of these arrangements, firmly passing through centuries. For the describing period of the state moved from state property to the possibility of allotment reception in private hands. Concerning to land management, imitating the west experience and its own observations led it to a new level. It is important to notice that the high cost of living and the complexity of calculation and assessment of lands were always like that and we meet with them nowadays. The large reluctance of people to manage lands and pay taxes for that stands out beyond the state. Historically the origin of land cadastre is characterized under the objective necessity in obtaining of land data, as far as land is a source of getting material goods and the object of taxation. There was presented the transition of land use from simple account of lands to the qualitative land account and main replacement to land management of the territory. The jerk in the development of land-cadastre relations in the period of the Russian Empire is considered clearly
In this article we consider the problem of arbitration proceedings and suggest ways to address them. The peculiarities of the arbitration dispute resolution, allowing closer to understanding the nature and the legal nature of the arbitration court. The article analyzes the status of arbitrators in terms of law reform, the conclusion about the absence of common requirements that apply to this post. The attention focused on the absence of liability for breach of arbitrators order arbitration proceedings and the need to introduce. The article also highlights changes in the rights of legal entities to create permanent arbitration courts and analyzes the feasibility of such restrictions. Special attention is paid to the problem of creating "pocket" courts, which hamper the development of mechanisms for alternative ways of resolving civil disputes. A comparative analysis of established practices of arbitration courts in countries such as Brazil, Canada and the United States has been provided. We offer adding certain provisions of the legislation of these countries to the Russian legislation in order to improve the institution of arbitration proceedings. The authors highlight some trends in the development of the current legislation regulating the activities of the arbitration courts of relevance in today's economy