Russian civil legislation contains a list of ways in which
the parties to the transaction have the ability to enforce
the commitments. These methods form an important
institute of the Russian law of obligations. For a lender,
ensuring the fulfillment of the obligation is an additional
guarantee that the commitment made by the debtor of his
obligation will be fulfilled properly in accordance with
the terms of agreement between them. In this article we
will focus on independent guarantee – one of civil-law
ways of ensuring the fulfillment of the obligations which
differs from the others. The independent guarantee is not
new to the domestic civil law. Thus a bank guarantee,
familiar to the Russian law, have transformed. Having
made a comparative legal analysis of the characteristics of
a warranty considering significant changes in liability law
norms, the authors explore the legal nature of the
independent guarantee, define its place in the system of
the ways of ensuring the fulfillment of obligations,
analyze the feasibility and effectiveness of the
implementation of the warranty in practice, focus
attention on the discussion of theoretical questions, and
name problems that law enforcers may face in ensuring
the fulfillment of obligations by means of the independent
guarantee
The article explores the problems, acquaintance with the materials of the criminal case of a minor accused in the aspect of ensuring his rights as a defender and legal representative. With a view to the proper legal regulation of this procedure, it is proposed to establish a procedure for the joint familiarization with the criminal case file of counsel and the legal representative of a minor accused in the norms of the Code of Criminal Procedure, as well as the procedure for compulsory participation of a legal representative of a juvenile accused while acquainting himself with all materials of the criminal case
The author of this scientific article considers the computer-based document as a container of criminalistically significant information, which can be both orienting and evidentiary. The author also considers the opportunity of presenting computer-based documents to the court without application of paper information-carrying medium, i.e., there exists a possibility of procedural actions commitment directly with the mentioned computer-based document but not with its carrier. As an example, the author quoted an instance that executive officers listed in Article 181 of the Russian Federation Arbitration Procedure Code are entitled to demand and obtain the case from a relevant court of arbitration with the purpose of solving the problem concerning availability of grounds for lodging a protest in the exercise of supervisory powers
The article studies the problems of correlation of protection of environment and provision of environmental security including the problem of organizational mechanism of protection of environment in the process of ensuring environmental security
The article examines the theoretical basis of the multiplicity of individual and joint ownership of civil rights and conscientious objection to civilian duties. The author explores the state of development of scientific problems of completely plurality of persons in civil law, proves the necessity to consider the multiplicity not through teaching about the object of civil rights, but through the subject of civil rights
In the article, we analyze the measures that the lawenforcement
authorities of Tsarist Russia undertook
against the process of bringing the criminal income
into the economy of the country and using it for the
extremist and terrorist activities. The fact that the
amount of illegal incomes in Russia in the late XIX
century and the beginning of the XX century increased
massively, and these incomes were used in the social
and political life in quite a peculiar way, confirms the
idea that in the democratizing society undergoing a
number of social reforms many political organizations
recourse to searching for and forming illegal sources
of financial incomes and further money laundering to
support their activities. The increase in crime,
especially in the economic sphere, strains social
relations, instigates different organizations and
movements struggling for power to receive financing
from criminal sources. In their turn, the organizations
and movements use the criminal incomes for the
political struggle, masking it behind noble causes.
Criminal associations arising against the national
backdrop manipulate the political, cross-national and
other kinds of contradictions, existing in international
and interstate relations. With the aim of laundering the
“shadow” funds and in defiance of the national
interests, they use the services of foreign banks and
special agencies of antagonistic countries
The article is devoted to consideration of separate measures of the procedural character applied in case of commission by the civil servant of a minor offense in the pre-revolutionary Russian state. Scientific literature notes that similar procedural actions in system of public service can be defined as disciplinary procedures
The article considers the issue of correlation of
criminal and administrative responsibility. There are
various points on the vision of this problem. The main
legal gaps that prevent the delineation of an
administrative offense and a crime are revealed
There were considered the problems of differentiation of deception and abuse of confidence under committing of crimes fixed by Articles 159 and 165 of Criminal Code of the RF and some problems of such crimes qualification occurring in these situations as well. On the basis of carried out research, there were made special suggestions on improving of criminal law reduction on responsibility for fraud and infliction of property harm by means of fraud and abuse of confidence and practices of its application
The tendency of contradictory and interconnected
development of Germany and France in XX century is traced in the article. It is marked that the political events in one state influenced the legal system of another state