There are quite few scientific researches covering the problems of organizing and tactics of investigation in court procedure, which meet the requirements of the Procedural Criminal Law of the Russian Federation in the legal literature. The studies of the ways of sur-mounting counteraction in court hardly exist. There-fore, the authors consider the matters of counteraction in the course of investigation in court paying attention to the existing theory and practice of counteraction in the criminal court procedure. They have developed some scientific recommendations upon the measures for surmounting counteraction to investigation in court in various circumstances
The article deals with the historical causes and conditions
of corruption in Russia and some foreign countries. The
concept of corruption in terms of the current legislation is
briefly studied with the aim of proposing legislative
initiatives in future to expand the definition of concepts:
corrupt behavior; corruption; corruption offense and a
crime. The work outlines the key features of act of
corruption, its devastating impact on the sovereignty and
security of the state. Particular attention is paid to the
spiritual and moral component of occurrence of corrupt
behavior in society, as well as its impact on social,
political and economic development of the state. The
study determines the destructive force of corruption as a
factor of destabilization of the economic and political life
of the society and the country, as well as the impact of
this effect on the international credibility and external
security of the state. In the article on the example of the
political events taking place in the countries of near and
far abroad, it is stated that corruption is the main cause of
internal and external wars. The article identifies
proposals for the improvement of the current anticorruption
laws of the Russian Federation, taking into
account the basic principles of the rule of law, in order to
prevent internal and external destabilization in the
country, as well as to strengthen security and the
international prestige of the state
In this article the author tries to evaluate from the theoretical standpoint a number of complex multi-aspect reflections of systematicity of civil law, and at the same time to introduce some interesting practical material, which allows noting its practical value for the improvement of civil legislation as a whole
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 is devoted to the analysis of the legal status
of institutions of the civil society owing the control
authorities concerning to the organs of state power.
We have analyzed the legislature, which is fixing
the bases of public control and practice of activity of
corresponding institutions of civil society; the authors
show the main problems of activity of subjects of
public control and give proposals on their solving because
it is necessary to increase the effectiveness of
execution of public control in the Russian Federation
The given article is devoted to contract and non-contractual ways of using the exclusive right for trade marks. Three main types of agreements can be selected out on the basis of civil legislation: contract on alienation of exclusive right for a trade mark and licensed contract. The determination, the content and the form of these contracts are analyzed and the author’s determination of given contracts are formed in this article
The article “Contents of the main elements of the
criminalistic characteristic of fraud” written by the
group of authors is of great importance today as the
new points of the Federal Act №207 of the Criminal
Code of Russia which provide for the criminal
proceedings for fraud in lending; while getting
payments; while using bank cards; in business sphere;
in the sphere of insurance, introduced on November
29, 2012, still need to be developed and lack the
methods of the investigation of such crimes.
Consequently, the methods of preparation, committing
and concealing of a crime, track formation mechanism
are not determined and analyzed upon the materials of
the forensic and investigative activities. The authors of
the article have attempted to study the cases of the
mentioned crime types and determine the ways of
preparation, committing and concealing of a crime and
track formation mechanism of the above-mentioned
types of crime
The article is devoted to the problems of constitutional and legal enshrinement of the functions of the legislative department as principal areas of activity to implement own subjects of management and competence. The article considers the main functions of the Russian Parliament - the legislative, representative and control functions
The article reveals the concept of term in the civil law. The author considers the various classifications of terms and their main features. The main attention is focused on the meaning of terms in civil law. Namely, on the expiry of the contract as a legal fact. The author concludes a significant role of terms of civil matters. For example, they point to the beginning and end of relationship, the need to establish the commission of the planned actions; they clarify the civil relations and discipline their members. The author notes that in terms of contractual relations are Obligations element, the correct application which provides some protection of rights of participants in civil relations. However, despite all this, the provisions of the dates in the current civil law needs work, a more detailed definition of the relation of concepts such as termination of the contract term and the term of the extinguishment of debt. The study is based not only an analysis of theoretical works of scientists, but also on law enforcement practices. The analysis of court decisions relating to the provisions in question, on the basis of which certain conclusions. The author of the article has identified actual problems of current legislation and conclusions and suggestions on the need to improve the existing civil law
This article is devoted to legal regulation of innovative activity. In this work various legal communications between various sources of law establishing a legal regime of innovations and innovative activity are considered