In this article we consider the content of a motive of political, ideological, racial, national, religious hatred or animosity for the subject of a right interpretation of this motive in articles of special part of criminal code
Head of the of labor law chair Origins of an establishment of an institution of a liability for a breakage of labor law agreement of parties, its development in a legislation on labor and a science of labor law, posi-tions of scientists not admitting a complex of norms of the XI part of Labor Code of the RF by institution of a liability for breakage are researched in this article and an argumentation of an groundlessness of these opin-ions is cited as well
The authors of the article analyze the legal grounds of
free legal assistance marking the novels of legislation
regulated by the federal law “On free legal assistance
in the Russian Federation” and problems connected
with its realization. There were given the
characteristics of subjects of state and non-state
systems of free legal assistance in the article. The
special attention is paid to the specificity of the
activity of state and municipal agencies, legal clinics,
non-state centers of free legal assistance. The authors
consider the peculiarities of legislation of the subjects
of the Russian Federation setting the guarantee of
rights on getting of free legal assistance. The problems
of legal assistance under the presenting of citizens’
interests in arbitrary courts, problems of legal clinics
assistance quality, problems of legal provision of the
activity of municipal legal agencies are analyzed in the
article. Due to the practice of realization of legislation
in the Krasnodar region there were made the
conclusions on the reasonability of extending of the
list of citizens’ categories having the right for free
legal assistance and cases of such assistance, giving
the compulsory authority to the agreement on free
legal assistance; the introduction of the article on
municipal legal agencies into the Federal law; working
outs of standards of the activity of legal clinics and
systems of preparations to the legal assistance of
students and teachers
The article discusses the problematic issues of polygraph during the preliminary investigation
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 this article the legal capacity and capacity of agricultural
cooperatives fixed by the existing civil legislation
of the Russian Federation, and also the international acts
is considered. The concept and the maintenance of right
subjectivity of legal entities in relation to such special
look as agricultural production and agricultural consumer
cooperatives is analyzed. The main essential differences
in legal status and the maintenance of legal capacity
of agricultural production and agricultural consumer
cooperatives on the basis of the analysis of the agricultural
cooperative legislation, law-enforcement practice
and the existing points of view of various authors (scientists-lawyers)
are determined by this perspective in
scientific literature. Proceeding from the detailed historical
analysis cooperative legislative (both Russian, and
international), and also the operating standard establishments,
scientific views logical conclusions are
drawn on lack of essential differences in legal status of
agricultural production and agricultural consumer cooperatives.
Besides, the reasoned conclusions are drawn
on special legal status of agricultural cooperatives in
system of legal entities and on shortcomings of the existing
Russian civil legislation defining the bases for
classification of legal entities and establishing their legal
status. For the purpose of improvement and solution
of problems of right subjectivity of agricultural cooperatives
a number of measures of legislative character
which are able to afford not only to allocate, isolate especially
agricultural cooperatives from other organizational
and legal forms of legal entities is offered, but
also to make them the independent subjects of business
activity possessing specific inherent only it right subjectivity
that will allow to give them the special status and
to increase their appeal and efficiency for the purpose of
revival of agricultural branch of economy of Russia
The article is dedicated to some troubles witch arising in the qualification of crimes in the sphere of computer information. It shows the different points of view, and, on this base, proposes the ways of improving current legislation. Some positive changes of the Russian legislation are considered
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
Judicial review is a necessary and sufficient guarantee of the rights and legitimate interests of participants in criminal proceedings. The only judicial control over the investigation of crimes will expand unreasonably narrowed the boundaries of procedural autonomy and independence of the investigator, will enhance the efficiency, agility pre-trial proceedings. These and other problems were considered by the author from the perspective of theory and practice, as well as in the aggregate of rules of the code of criminal procedure regulating the activities of the investigator
This article "The Procedural relations of the
Prosecutor and the investigator according to Charter
of criminal proceedings 1864" is devoted to the
investigation of some historical aspects of criminal
and legal proceedings of the Prosecutor and the
investigator according to Charter of criminal
proceedings 1864. It discusses the Prosecutor’s and
the investigator’s functions and competency in
comparison with the current criminal procedure
legislation, there is continuity of many of the
provisions as well