As a result of the analysis of scientific and special
literature, and summarizing the forensic investigative
and operational practices and the views of experts
from the investigative team, the author came to the
conclusion that the activities of the head of an
investigative body and inquiry agency should include a
mechanism of control over the execution of
organizational and other activities planned for the
interaction system. Therefore, an analytical and
methodical organizational headquarters to manage the
interaction within the investigative team should be
used. The author also believes that it’s necessary to
provide the interaction between the staff of the
preliminary investigation and inquiry, as well as
officials carrying out the operational searching activity
during the whole period of the investigative team
activities. The forms of interaction should be presented
as a set of cooperative and agreed criminal procedure
and organizational and administrative actions of the
investigator, the head of the investigative team and the
inquiry agency, on the basis of operational or
operational and tactical availability in conjunction with
the methods of operational and investigative activities
and proceedings in compliance with the principles of
criminal procedure law and the Federal law "On the
OSA" for the purpose of direct execution of the
criminal procedure legislation and the solution of tasks
of the operational searching activities
The article is focused on questions of the legal status of new organizational forms - investment partnership and economic partnership. In this regard, the author examines the issues related to the influence of the doctrine of economic analysis of law on the Russian corporate law. The author notes that the creation of new types of entities should be based on the Civil Code of the Russian Federation. Creation of certain types of legal entities by the adoption of special laws is invalid. In the United States, the prevailing doctrine is the economic analysis of law. Therefore, the creation of new types of legal entities is quite simplified and is subject to the said doctrine. In Russia, the main business and civil relations is the Civil Code of the Russian Federation. Therefore, the creation of new types of legal entities must comply with its provisions. The author notes that creation of an investment partnership, as well as economic partnership, are new to the Russian law enforcement. Analysis of their legal status allows us to say that their design is unknown to the provisions of the Russian corporate law. The author notes that the legal status of these types of legal entities can not be called successful. Therefore, the author suggests subordinating any relationship involving commercial entities to the Civil Code
The article pays particular attention to the classification of members of PPP and their legal status. Proceeding from the classification, determined by the authors, the peculiarities of each type of members' legal status are pointed out. The authors have marked and analyzed the possibility of this or that legal subject to participate in public-private partnership. For each of the types of entities of public-private partnership the authors have given the characteristic of legal status. Features of the legal status have also been the subject of the analysis made by the authors. Certain aspects of the legal status of individuals involved in such a relationship were also considered. Considerable interest has caused the authors ratio of private and public interests of the participants of such relations. The authors have given a detailed analysis of particular interest in the implementation of business by the subjects of the partnership. The authors note that entrepreneurial activity, which combines private and public interests, is not only beneficial to each participant. In such cases, the subjects of entrepreneurial activity are social. The authors note that the State seeks to provide a normative framework for the subjects was profitable to engage in entrepreneurial relationship with the state or state agencies
There was considered the historical analysis and international experience of fight with skyjacking in the article. The article is relevant, as the hijacking of aircraft is a crime with the highest public risk, both in Russia and worldwide, this international crime. Discusses statistical data theft aircraft in Russia from 1998 to 2014. The article reveals the object, the objective side, the subject and the subjective side of the hijacking of aircraft. Given the criminal law comparative analysis of auto theft and hijacking of aircraft. Considered criminal legislation of the CIS member States about the hijacking of aircraft. The article provides examples of judicial practice on the hijacking of aircraft. Discusses and international legislation, in particular the Convention for the suppression of acts of unlawful interference involving aircraft. Given the chronological table analysis grabs passenger aircraft in the USSR in the period from 1973 to 1989. In conclusion, the article draws conclusions and makes suggestions for improvement of the criminal legislation about the hijacking of aircraft. In particular they say about the need to improve legislation on transport and the development of a complete and correct concepts.
Norms of the active Russian legislation enshrining the
inheritance rights and defining the status of surrogate
children, surrogate mother and the genetic parents
connecting to the question of the obtaining and
realization of the inheritance rights of these children
are subjected to a detail analyze in the article. The
authors described uncertainties and double-meanings
of some occasions of appearing of surrogate
children’s inheritance rights, what arise in practice,
for example, when surrogate mother in childbirth
could not give her agreement for registration people,
who had given their genetic material, as parents of
surrogate child. The authors found out imperfection
of active legislation of Russian Federation in the
context of question of surrogate children’s inheritance
rights in case of genetic parents’ death before
childbirth. Other important question, that the authors
tried to resolve in the article, is connected with child’s
inheritance rights, who was conceived after death of
his genetic parents. Also the attention is focused on
the absence legal mechanisms of action on genetic
parents, who refuse surrogate children, in the Family
Code of Russian Federation and in Civil Code of
Russian Federation. Authors reached a conclusion
that surrogate children’s inheritance rights should be
legal regulated in detail. Some suggestions on these
issues are offered in the article
The article describes the content of an investigative
inspection, a search, a seizure in the investigation of
crimes against the family and minors. There were
described the objects and the targets of these
investigative actions in various types of crime, as well
as trafficking in children
The article is devoted to the analysis of various approaches to the main definitions of a family law, such as marriage, family, and marriage legal relationship. In the article we profoundly considered
the legal aspects of a procedure of marriage as the act of registration of marriage is the basis of emergence of marriage legal relationship. The conditions and the bases of marriage are characterized. We made a conclusion that marriage is a legal fact establishing, changing or stopping the corresponding legal relationship
In this article the authors analyze the issues concerning loss of a right of using premises due to the constant absence of the tenant, members of his family on the occupied living space by reason of their departure to another place of living, proposals for establishing the subject of proof in cases of this category are given. Now the problem of regulation of the relations at departure of the citizens living together with the tenant, in other constant place of a residence is actual and demands revival of institute of recognition of such citizens in a judicial order lost a right of use of premises. The authors point out that neither the Housing Code of the Russian Federation nor the Civil Code of the Russian Federation does not mention the cases of loss of the right of using premises. In addition, the presumption of temporary absence of the tenant and the members of his family in the living space there is in the Housing Code of the Russian This fact has given rise to a large number of negative consequences, and was a prerequisite to the admission of errors in judgments of courts. In this regard, the authors consider that it is necessary to consolidate the institute of loss of the right of using premises occupied by the contract of social rent in the Housing Code of the Russian Federation
This article discusses issues of legal regulation and implementation of the norms of the forest legislation about procedure of holding the auction for granting the forest lot in rent and also consider the problem of law enforcement procedure. According to the forest legislation of the Russian Federation, the basis of the conclusion of the lease contract of the wood lot the result of the carried-out auction is. Auction can be considered as one-stage process on the one hand and as two-stage on the other hand. In this regard, auction is considered in this work from the different points of view of prominent scientists. The conclusion is drawn on imperfection of the system of carrying out auctions indulging corruption about need of change of criteria of a choice of the winner of auction where by the main criterion it is put, for example, the qualifying shots of the person, but not the greatest sum which the person can offer at competition. The position about the privilege to the conclusion of the lease contract at an equal rate of a payment is opened. Auction and competition as real and effective ways of receiving the right for the conclusion of the lease contract of the timberland are correlated with each other. Proposals on recognition by winners in auctions of potential tenants which for several years showed the reliability
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