The article is concerned with problems of notion and qualification of contracts not regulated by the Civil Code of the Russian Federation and other legal acts ("unnamed contracts"). Conflicting jurisprudence on ascertaining unnamed contracts concluded is demonstrated. The methods to perfect the legislation on the matter are suggested
The article examines some features of legal regulation of civil servant’s legal responsibility in the Russian Federation
As a starting point of the research the author proceeds that Great Britain and USA appear as ones of large trade partners. As a sequence there are formed such situations in action, when it’s difficult to solve questions which are bounded with calculation of measure of damages taking into consideration peculiarities of Anglo-Saxon and continental legal families
After analyzing scientific papers on the topic of many
scholars, the author focuses on the situational
approach as a major factor of the organizational
aspects of the investigation planning by an
investigative team in cases of multi episode complex
collective crimes. It has been suggested that the
planning and organization of the investigation is
preceded by the predictive assessment of the
investigation situation, determination of the pattern of
a detective’s actions and programming and simulation
of the investigation process. All processes require the
implementation of organizational and administrative
activity of the head of the investigative team.
However, the initial investigation planning for one or
more crimes is reduced only to a description of the
investigative situations, to the presentation of a list of
investigative actions and operational searching
activities without the agreed plan and appointment of
the participants in such activities. Consequently, the
situational approach in planning can minimize errors
during investigative activities and optimize the work
of the investigative team dealing with the multi
episode crime particularly complex in terms of
investigative and procedural actions and operational
and searching activities
The competitiveness principle is answered to the full with a situation when proofs the charge party at first represents, then - the protection party, and each of them proves legitimacy of the conclusion and criticises arguments of the opponent. The court definitively should solve, what proofs to reject and what to accept and to pronounce on their basis the sentence. Meanwhile in a criminal trial science separate authors believe, that research of proofs in competitive order practically appears impracticable. The article of the author is devoted to these and other problems
Modern legal experts often underestimate the importance of the crime scene examination. However, even when a crime scene is examined by a coroner the goal of the investigative procedure is not always achieved as in Russian investigative practice the detailed examination is often mistaken for the expertise. In order to study the problems of the investigative examination the author has carried out a thorough analysis of the major stages of the crime scene examination method development in Criminal Procedure and Criminalistics
The article is devoted to the main basis of exemption from criminal responsibility in connection of reconciliation with the victim. The essence of conciliation is analyzed, its features are determined, the definition is given. The necessity of its consolidation in criminal law is established
In this article the method of anti-corruption expertise is considered from the point of view of the standard rules of legal technics. For the first time at the federal level corruption factors established the necessary rules of legal technics, which was illustrated by the examples. The recommendations on the establishment of open-ended list of factors of corruption and the rapid adoption of the federal law on laws and regulations were given
A conclusion may be drawn, based on the analysis of allowability of criminal-procedural evidences which include legitimacy of the source of information relating to the facts and ways of obtaining and fixation of information mentioned in the order stipulated by the code of criminal procedure
This article refers to correlation of law and morality, to the role of conscience of law in the process of building a Rechtsstaat, analyses Vladimir Solovyov’s Natural Law theory and in particular his ideas of relations of law and morality, substantiates its value for modern legal theory and practice