In the article, we have performed an analysis of
respect for the principle of immunity of the right of a
private property in case of the address of a claim to
property. Restrictions of the principle of immunity
are shown concerning both property objects, and
concerning competences of the owner that in case of
proper approach from the legislator is not violation of
the rights and interests of the person. The unique
premises can act as a subject of the address of
collection of debts of the testator. It is established
that the size of the money which isn't subject to
collection shall be determined living at least by the
territorial subject of the Russian Federation, and also
funds for expenses for acquisition of necessary
medicines and the equipment shall be in addition
guaranteed. Shortcomings and contradictions in case
of regulation of the bases of the address of collection
on separate types of property are revealed,
suggestions for improvement of these provisions are
made
Relation of correctional institutions staff to the reformation of industrial-production complex
of criminal-executive system and processes of humanization of legislature to the concern of imprisoned persons in places of incarceration is investigated in the article. Degree of above
mentioned processes influence on production- economic activity of institutions is determined.
The following article is devoted to the comparative
analysis of the Russian Federation Civil Code's entities
which were actual before and new commercial and
non-profit organizations' regulations. We have also
performed a case-study, concerning entities'
classification
The article is devoted to the topical issues of the search and detention of the military personnel who has avoided the military service. On the basis of official information, the author gave a short historical digression, the analysis of a current state of the
problem of evasion of the military personnel from military service is carried out and possible ways of its solutions are proposed
The authors of the article consider legal organizational and tactical issues related to the search activities of operative-search units for the determination and detection of murders committed by an organized group. The authors compared certain provisions and norms of the Constitution of the Russian Federation, criminal law, criminal procedural law, Federal Laws regulating operative-search activities, searching activity in particular, some issues of obtaining information from confidential sources. Particularly, the authors consider the preparation, commission and concealment of murders committed by an organized group, and come to the conclusion that they are distinguished by careful planning, thoughtful execution and distribution of roles between accomplices. Detection and investigation of such cases are often really difficult due to their non-obvious conditions and concealment of traces of crime by criminals and counteraction to investigation. Therefore, the timely identification of persons involved in commitment of a murder mainly depends on capabilities of units carrying out operational search activities wisely used by an investigator
The presented article is an analysis of the U.S. experience in ensuring the safety of witnesses. We have highlighted the gaps in the protection of witnesses and other participants in criminal proceedings in the Russian Federation
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
This article is devoted to the situational approach to the crime aspect of goal-setting activities of a mediator in criminal proceedings. It discusses the mechanisms of reconciliation of the parties in criminal proceedings in the framework of a mediation procedure or application of mediation procedures of the parties of the criminal proceeding under applicable criminal procedure of law. Mediation is considered in the context of situational modeling and creating a system of activities of parties to the proceedings depending on mediablity or remediability of the situation. We analyze current criminal procedural legislation in the sphere of reconciliation on criminal cases of private and private-public prosecution. We have suggested considering a new direction for tactical activities of participants in the proceedings and tactical aspects in the framework of the procedural powers to reconcile the parties, and situational modeling in the framework of its application in the mediation process. In addition, there was given legal and scientific analysis of the possible tactical aspects of the use of mediation procedures in criminal proceedings. A new direction in the tactical aspect of the activities of all participants in criminal proceedings has been presented, which is a tactic of the application of mediation procedures. The process of potential reconciliation of the parties is considered in the context of the situational approach, and the activity of neurotransmitters, through case studies, depending on the possibility of reconciliation between the victim and the suspect. We have proposed a new scientific classification of situations, depending on the possibility or impossibility of the use of mediation procedures
The article provides a comparative analysis of the implementation of social policy in Russia and in other European “social” states, the results of which are pro-posal for changes in the arrangements for the imple-mentation of social policy
The article questions of a legal regulation of standards of the family and civil legislation of guardianship establishment over minors, about implementation and protections of their rights, are considered the problems arising at practical realization of the relevant standards are considered