The article “Contents of the main elements of the
criminalistic characteristic of fraud” written by the
group of authors is of great importance today as the
new points of the Federal Act №207 of the Criminal
Code of Russia which provide for the criminal
proceedings for fraud in lending; while getting
payments; while using bank cards; in business sphere;
in the sphere of insurance, introduced on November
29, 2012, still need to be developed and lack the
methods of the investigation of such crimes.
Consequently, the methods of preparation, committing
and concealing of a crime, track formation mechanism
are not determined and analyzed upon the materials of
the forensic and investigative activities. The authors of
the article have attempted to study the cases of the
mentioned crime types and determine the ways of
preparation, committing and concealing of a crime and
track formation mechanism of the above-mentioned
types of crime
Level analysis of law enforcement cooperation
between private legal and public legal origins was
conducted in the aspect of dual nature of dispositivity
in court jurisdictional process. On the basis of
legislation’s investigation it is found that the
apprehension of dispositivity on doctrinal level as the
principle of judicial process, restricted by private legal
aspect, doesn’t correspond to its legal dual-nature. It is
showed that cohesive perception of dispositivity in
court jurisdictional process is possible under the
condition of its binary perception based on
investigation of its private legal and public legal
origins, providing their harmonic unanimity in the
framework of dualistic approach. It the article it has
been stated that even under the conditions of court
process’ parties’ interests’ contradiction their
warrants may be realized only under their cooperation
with each other, which needs court’s contribution in
the providing of their rights’ realization on equal
terms. It is educed by researches that the cooperation
of private legal and public legal origins of dispositivity
is conducted on two (horizontal and vertical) levels of
their law enforcement connections. Herewith the
coordination of court process’ parties between each
other occurs on horizontal level of cooperation, while
the subordination of parties’ collaboration with the
court occurs on the vertical level. The analysis of
procedural legislation has educed general regularities
of private legal and public legal origins of dispositivity
in court jurisdictional process for different types of
judicial proceedings. These regularities are: the
realization of private legal origin, represented by the
parties, with the relevancy stipulates the demand for
public legal origin of dispositivity, represented by the
court; the realization of public legal origin of
dispositivity, represented by the court, with the
relevancy stipulates the demand for private legal origin
of dispositivity, represented by the parties of judicial
process
This article investigates the problem of bringing a person who controls the debtor in insolvency proceedings (bankruptcy) to responsibility. The author analyzes the nature, conceptual framework and procedural features of imposing liability on a person who controls the debtor, offers direction of this institution
In the article theoretic and practical problems of the privatization of the state property, introduction of amendments to the privatization legislation of the Russian Federation and regulation of processes of privatization are analyzed. Рolitical and economic reasons for privatization of big enterprises are considered, same primary problems of the process of selling the publicly owned companies and of the state financial control over the privatization are revealed
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
In the article we analyze the theoretical model of an administrative legal regime of ensuring ecological safety, as well as the elements of its contents reveal, the directions of improvement of an administrative legal mechanism of ensuring ecological safety of society and the state are offered
In the article we reveal the basic problems of forming the legal basis of public control over the activities of public authorities. The relevance of this topic has been steadily increasing due to the increasing influence of civil society on the decisions made by public authorities. The authors analyze the provisions of the Federal Law "On the basis of public control in the Russian Federation", the regional laws, to fix the foundations of social control in some subjects of the federation, as well as other legal acts in this area. Special attention is paid to the formulation of the concept of social control and the conclusion of the need legislative consolidation of the concept of "individual public authority 'and a common list of agencies and organizations that operate them. Analyzing the law enshrined in the range of subjects of public control, the authors substantiate the feasibility of incorporating the Advisory Board at the government and public experts. On the basis of the provisions of the law, in this work we have determined the legal status of the subjects of social control, their powers and procedures of the in collaboration with the authorities, as well as the legal framework for the implementation of certain forms of social control. It is proposed to expand the interaction of subjects of public control with prosecutors by holding regular meetings to expand the powers of public monitoring commissions for visiting places of detention
The article is devoted to one of the most disputable categories of jurisprudence – to abuse by the right. The law does not allow the exercise of property rights with the intent to harm another person, as well as abuse of rights in any form, including in the form of circumvention of the law. The author considers the already known issues with the application of the principle of the inadmissibility of abuse of the right, as well as the new ones in connection with the amendments to the Civil code of the Russian Federation. In particular, we investigate the principle of good faith as a fundamental principle for civil rights. The article is devoted to the question on the essence and the legal nature of circumvention of the law in the property-legal relations, as well as the notion of circumvention of the law with unlawful purpose as a form of abuse of right. On the basis of the study the article presents the author's notion of circumvention of the proprietary right. The author made a conclusion that the correct interpretation of the categories of "subjective property law and protected by law interest" is the key to understanding the term of abuse of right in the exercise and protection of property rights. The conscientiousness of participants of civil relations, as well as the intelligence is the proper limits of lawful behavior of the subject property relationship, the breaking of which allows detecting the signs of abuse of subjective civil law
As a part of the investigation carried out in the
course of the investigation of crimes, a
confrontation is very important. This article
reveals the essence of the scientific production of
the confrontation, the object and purpose of which
is to establish the truth in the case. The
investigator, in accordance with the Article 192 of
the Code of Criminal Procedure of the Russian
Federation has the right to decide on proceeding a
confrontation, in cases when previously there
were significant differences. In conducting
confrontation, there are confirmed correct
versions and the versions denied by others, it
turns out the real facts of the case and eliminates
significant contradictions in the testimony of
previously interrogated persons. By making the
decision to produce a confrontation, the
investigator must be confident in the ability of the
participant, who gave truthful testimony, to
withstand the psychological pressure. This party
should be prepared to create his "immunity"
against future attempts to influence the other party
to persuade to change readings, etc. Before the
production of a confrontation, the investigator
must draw up a plan in which the questions are
formulated. Then prioritize questioning of
participants of confrontation and identify tactics
that can be applied in the course of its production.
The investigator prepares a space for the
production of confrontation, and audio, photo and
video equipment. Different violations, errors
during the confrontation, have the ultimate impact
on the overall result of the preliminary
investigation of a specific criminal case. In this
regard, clarification of the nature of the
confrontation has not only theoretical but also
practical importance
A functional analysis of deposits at civil law allows comprehend its destination and role in developing the dynamic of a law regulation of a property circulation in conditions of market economy. The authors present their point of view about the deposit use possibility to provide a preliminary agreement in the civil law