The article is devoted to one of the most disputable
categories of jurisprudence – to the contents of Building
leasehold. In the article there has been presented the
research of the legal nature of the institution of building
leasehold (superficies). There have been traced the
particulars of formation of the Roman legal (classical)
model of building leasehold and the interpretation of
this institution in foreign civil legislation. It has been
noted that certain countries apply the classical Roman
model of building leasehold while others use the model
of "the shared property" of the land plot and of the piece
of the estate built on this plot. There was conducted the
analysis of the German model inheritance law of
building leasehold on the basis of which there was
made the conclusion about its independent nature and
uniqueness. The historical and the comparative legal
methods of the research have enabled to identify the
essential differences of the employed models of
building leasehold and the specific features of their
application in the countries of roman-germanic law and
in the Commonwealth of Independent States. There
have been studied the approaches of the domestic
civilized doctrine in terms of building leasehold and the
specific features of its implementation in the draft
version of the Civil Code of the Russian Federation.
There has been affirmed that the draft version of the
Civil Code of the Russian Federation admits the
existence of the two models of the building leasehold:
the design one and the classical one. There has been
applied critical approach to the analysis of the design
model of building leasehold in comparison with its
Roman and Germanic legal constructions; there have
been presented recommendations for its improvement.
It is proposed to abandon the temporary ownership of
the premises in the building constructed based on the
Treaty on the law of the land. We proposed to replace it
with a specific property right – "right of superficies". Its
essence consists in the right of possession and use of
facilities of a building constructed in accordance with
the Treaty on the law of the land
At the present stage, the juvenile legislation of the Russian Federation is going through a period of formation and determination of dominant purpose. The need for the regulation of emerging gaps and inaccuracies was reflected in the overall situation of juvenile delinquency in Russia. By eliminating errors and defects, we solve questions about the future of young and irresponsible people who have made a mistake and need proper correction and education
In the article, we analyze the measures that the lawenforcement
authorities of the Soviet Russia and the
USSR undertook against the process of bringing the
criminal income into the economy of the country and
using it for the destabilization of the economy and
supporting criminal activities. This work reveals the
true essence of criminal funds and the degree of its
danger to the state and society. The author suggests
that the present-day crisis in the state and political
order is, largely, related to the criminogenic
component of the country development, i.e. the
criminal revolution in Russia in the mid 90-s of the
XX century. The criminality has always been a serious
problem for the society, but only in some countries it
reached the level when it became a threat to national
security. The factor contributing to such situation is, in
the first place, the lack of action on the part of the
society and the state. This allows the criminality to
penetrate in all social and public institutes and create
the political and economic chaos. For obvious reasons,
such social context results in the dissolution of the
state and the formation of smaller state structures, the
introduction of external control, the loss of sovereignty
and the annexation of its territories by more powerful
states
In modern Russia, there were not created key institutions of political and social development needed to involve young citizens in political and legal life, and very serious criticism is "the effectiveness of judicial reform" and the results of combating systemic corruption, without which it is difficult to count on the impact of the decrease in the level of political and legal nihilism among young people. The review of related problems and approaches to their solution are addressed in this article
In the article the problematic issues of evaluation of
expert evidence during his interrogation in the court
have been considered, the scientific literature has been
analysed, the viewpoints of leading forensic scientists
and processualists on this issue have been considered.
The issues of evaluation of the expert evidence remain
relevant and currently under the conditions of
realisation of the adversarial principle of the parties in
the criminal proceeding. In the study, the need to
specify the subject of interrogation of the expert has
been emphasized, as well as the recommendations on
its carrying out in the court session. The suggestions
with regard to optimization of interrogation process of
the expert in court have been expressed, namely the
expert's petition in the court for the advance granting
of the list of questions in the written form and rejection
of questions which do not require the use of special
knowledge and equate the procedural status of the
expert to the status of the witness
The article deals with criminal liability for crimes
related to extremist activity. Different points of
view regarding the classification of extremist
crimes are analyzed. Particular attention was paid to
the consideration of the judicial-investigative
practice concerning the application of criminal
responsibility for the commission of this type of
crime. The authors formulated proposals for
improving the current criminal legislation in the
field of combating extremism
In the article, the author analyzes the aspects of the
investigative activity of the investigator to locate the
stolen property, provides the scientific approaches to
the structure and content of investigative versions; the
authors assess the relationship of the investigative
versions and typical investigative situations; propose
the algorithms of actions of the investigator in tracing
stolen property with regard to various investigative
situations
An analysis of the provisions of the Criminal
Procedure Code and other regulatory legal acts
relating to the investigation and operational
investigation team activity shows that the head of the
investigative and operational group exercises, among
others, the organizational and managerial function.
Consequently, these powers are not limited to
procedural functions alone. In the proposed article, the
author examines what these functions are and how
they influence the procedure for investigating crimes
The article describes main questions of the organization
- the analytical process at the initial stage of the
investigation of crimes against the family and minors,
particularly targeting investigated, initial investigation,
shows the features of the initial stage of investigation of
trafficking in minors, child substitution and illegal
adoption
The article defines the acts of corruption as a factor affecting
the external security of the country, given the
scope of public relations, which are affected by corruption.
We have displayed historical overview of corruption.
On the example of the recent political events in the
world, the article shows a destructive impact of corruption
on the constitutional arrangement of a number of
near countries and far abroad. The work defines the effective
role of the psycho-physiological study of polygraph
in detecting accuracy of information in the fight
against corruption in the Russian Federation. The use of
polygraph to improve anti-corruption policy of the state
opens up new possibilities in the fight with the worldwide
scourge of corruption. The work gives basic preventive
function to psychophysiological research on polygraph
in the organizations fighting against corruption in
Russia. The article analyzes the draft law "On the application
of the polygraph in the Russian Federation", which
is currently being introduced in the State Duma. Based
on the study of the projected rate, we have made conclusions
about the need for research on a polygraph in detecting
corruption risks in the case of appointments of
civil servants from the activity of which depends on security
and international prestige of the Russian Federation