A combination of two attributes envisaged in Article 105 of the Russian Federation Criminal Code - organized criminal group and criminal community (criminal organization), add a considerable peculiarity to the process of formation of original data, and criminalistically credible information relating to the category of crimes being considered in the process of evidences formation. The author includes both material and ideal elements in the original information depicting criminalistically credible attributes of constituent elements of the crime and also the circumstances indirectly associated with it, thus, facilitating generation of evidences at the phase of initiation of a criminal case, and enabling identification of circumstances subject to assessment and evidencing at the phase of preliminary investigation
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 examines the problems of civil servants’ disciplinary responsibility in pre-revolutionary Russia. The specified legal institute during that period had close interrelation with criminal responsibility institute, as the legislation accurately did not divide disciplinary and a criminal responsibility. In the pre-revolutionary period had been laid by the legislator generally, the system of norms and rules, which was called to improve the quality of government, a level of service discipline, an authority of public service had been formed
In the scientific article, the author came to a certain conclusion by considering various opinions of scientists relating to the present range of problems, and he has quoted a classification of murders, committed as hired killing: contract murders based on commercial conflicts in the sphere of business; hired murders committed on the base of criminal conflicts; hired murders committed in the sphere of industrial and employment activity
The author of the article describes the characteristic features of the members of organized criminal groups, realizing providing functions, which are in many respects defined by character of their actions and an orientation of activity of formations. For example, those who are in charge of extortion implementation are characterized as highly qualified professionals in economics, banking and any other similar area. Their talents, knowledge, skills and ability to conceal the criminal activities should be considered by the law enforcement agencies when predicting crime as well as when developing investigation plan
The article considers the concept of juridical person of public law in connection with new Civil Code. On the basis of features of juridical person of public law worked out up to today the author analyses the approaches to consolidation of this category in legislation
The article deals with the analysis of the role and place
of court practice in the system of civil-law sources.
The author introduces a debatable matter of the
possibility to acknowledge the Russian law as case
law; analyses significance of the judicial practice in
the system of sources of the Russian law; outlines
positions of experts on this matter and draws her own
conclusions. The article provides a review of opinions
of Russian law academics' and practitioners' on the
topic of acknowledgement of judicial practice as a
source of Russian law. The author debates and further
concludes that assigning courts with the law-making
function would benefit the efficiency of current
legislation refinement. The author draws a conclusion
that in the continental legal family court practice,
which earlier wasn't considered a civil-law source,
started gradually to turn into a secondary after civil
legislation law source. The reason for it is because of
more complicated social relations civil legislation
failed to cope efficiently with the detailed legal
regulation which is needed in property relations
reglamentation. The author reveals the difference
between the notions of "court practice" and "judicial
precedent" and concludes that vesting courts with law
making power can facilitate the improvement of the
legislation in force, as well as the development of the
civil law regulation. The final conclusion is that the
litigation irrespective of the form of expression cannot
be the independent source of law
This article discusses the basic tendencies of development of the civil law authorities under the influence of globalization and integration processes
The question discussing in the article is the pre-trial adjustment of disputes arising out of servitude relations and how to protect servitude rights in the court
In accordance with the Article 17 of the Criminal Code
of the Russian Federation, expert evidence is not of the
predetermined force for a detective, an investigator, a
prosecutor, a judge and a jury. However, historically it
is actually estimated as specific evidence different
from the other. As early as before the revolution in
Russia a court expert was considered to be a scientific
judge. An expert is a judge of the facts whose evidence
on the case is not actually estimated along with the
other types of evidence