The article is devoted to the new states of the pledges in the Civil Code of the Russian Federation, namely the right of the encumbrancer to keep the pledged property, changes of the encumbrancer's rights, the enlargement of the members who are able to pledge, appearance of a new person in the legal relations
concerning pledges, also called as conscientious encumbrance, as well as new rules, concerning conditions and forms of the pledge agreement conclusion
The article is devoted to the new states on state registration and accounting of pledge in the Civil Code of the Russian Federation, specifically, new status of pledging of the real-estate state registration and member's rights in the limited liability company; pledging of securities and other property accounting
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
Currently, there is a topical question of legal
consolidation in the tax and the customs legislations of
the fee for goods purchased from a foreign company
through a transaction concluded by the information and
telecommunications network "Internet". According to the
legislator, such innovations will limit the spillover of
online orders to the neighboring states with a high
threshold for duty-free shipping, which will strengthen
the domestic e-commerce market. The authors believe
that the consolidation of the institution in the national
legislation would contradict the general provisions of tax
legislation. The authors believe that such measures will
increase the number of sham and mock transactions and
reduce import turnover. The proposed projects of the
European Economic Commission of the European
Economic Union on the Internet fees in their structure are
poorly written, in particular, they lack the concept of
internet purchase, there is no resolution of the issue of the
relationship between the collection and the value added
tax.The authors come to the conclusion that these projects
should to be completed, in particular, it is proposed to
supplement the provisions of domestic legislation,
delimiting the object of taxation the value added tax on
the object of taxation for cross-border fee to be paid for
an online purchase. Their immediate implementation
without significant changes will not create a proper
mechanism for the implementation of this institution, and
generate a lot of conflict situations
The article considers the analysis of the current operative staff providing of law enforcement bodies and the causes of failures of particular personnel policy. The possible ways out of this situation are suggested through the use of the historical studying of the staffing policy in the bodies of the All-Russian Extraordi-nary Commission
The author has analyzed scientific and technical
literature, plus materials of judicial and investigative
practice, criminal procedural law, different views of
scientists, as well as his own judgments on the
proposed changes and additions to the content of the
article 163 of Criminal Procedure Code. The analysis
allows the author to declare the need to invite the
heads of the investigative bodies of the various
departments and units to carry out more in-depth
additional analysis of the items and norms of the
criminal procedural law governing the activities of the
detective, the head of the investigative body, the head
of the investigation team, the investigator, the chief of
the inquiry body, the body of inquiry unit and the
head of the group of investigators. However, the
article 163 of Criminal Procedure Code provides for
organizational and administrative activity of the head
of the investigative body in terms of decision-making
on the establishment of the investigation team, in
determining the psychologically compatible, pushing
and experienced investigators, members of the
investigation team, as well as the approving of the
head of the investigative group. Moreover, according
to the p. 3 of part 1 of the art. 39 of the Russian
Criminal Procedure Code, a head of the investigative
body has the right to give instructions about the
direction of the investigation and certain investigative
actions
The article briefly describes the completeness of the
organization of the investigation and its relevance to
forensic techniques. The peculiarities of the structure
of the technique of investigation of crimes against
family and minors were examined
The article describes main questions of the organization
- the analytical process at the initial stage of the
investigation of crimes against the family and minors,
particularly targeting investigated, initial investigation,
shows the features of the initial stage of investigation of
trafficking in minors, child substitution and illegal
adoption
The author has analyzed scientific and technical
literature, materials of judicial and investigative
practice, criminal procedural law, different views of
scientists, as well as his own judgments on the
proposed definitions of an investigative team and an
investigation group and the matters related to the
investigation planning (strategic plan, an additional
plan, the investigation plan as a whole in the case and
during specific investigative actions and operationalsearch
activities). The analysis allows the author to
declare the need to invite the heads of the investigative
bodies of the various departments and units to carry
out more in-depth additional analysis of the
effectiveness of the investigation and the investigative
teams and the work of their managers to develop
effective, strategic, shared, refined, additional plans for
specific investigative actions and operational-search
measures. The author also offers and considers it
expedient to establish the investigative team as a
procedural form of interaction in the production of the
preliminary investigation, as well as the group of the
operational support of the investigative team, i. e.,
operational investigation group as a non-procedural
form of the activities for the detection and
investigation of non-obvious, serious and very serious
crimes. Thus, for the development and the effective
operation on the detection and the investigation of
non-obvious, serious and very serious crimes, multi
episode, complex cases with the socio-political impact,
the investigative team and the operational investigation
group should be combined into a single structure
The article deals with the issues related to the
organizational and legal aspects of investigative
group formation. The author has analyzed scientific
and technical literature, materials of judicial and
investigative practice, criminal procedural law,
different views of scientists, as well as his own
judgments on the proposed changes and additions to
the content of the article 163 of Criminal Procedure
Code. The analysis allows the author to declare the
need to invite the heads of the investigative bodies of
the various departments and units to carry out more
in-depth additional analysis of the performance of
the investigative and the operational and
investigative teams and the work of their leaders, to
consider the establishment of investigative and
operational investigative groups in criminal cases,
which are of great public and political importance
and are under control of inter-agency working groups
on combating organized forms of criminal activities.
According to the author, it is necessary to raise the
level of responsibility of the leaders of the
investigative and operational investigative groups,
which are aimed on the investigation of crimes
committed by an organized group, gang or a criminal
association, as well as by persons, classified as
representatives of the organized crime. Together with
the management of bodies engaged in operational
investigative activities, a uniform algorithm for the
establishment and functioning of investigative and
operational investigative groups should be worked
out and introduced to the junior agencies staff and
subordinate units