In the article, legal norms of barter agreement are
exposed to the detailed analysis. They were fixed
earlier in the Civil Codes of RSFSR 1922 and 1964.
The authors analyze the modern legal adjusting of
barter agreement in the operating Civil Code of the
Russian Federation. Characterizing signs of barter
agreements are investigated and they allow distinguishing
it from a bargain and sale. It is marked that
the barter agreement got the detailed regulation of
relations only in the operating Civil Code of the
Russian Federation. The purview of norms about the
agreement of barter broadened in course of time.
That was taken into account by a legislator. A modern
legislation regulates the features of relations
arising up in connection with execution and conclusion
of treaty of barter. Earlier operating legislative
acts did not take into consideration many questions,
related to the relations of barter, arising up in practice.
Soviet scientists examined some questions that
were and remain now without adjusting or require a
specification from a legislator. For example, concerning
Civil Codes of RSFSR 1922 and 1964, the
imperfection of legal determination of agreement of
barter was marked. This decision did not take into
account that commodities were passed in property of
another side. Modern legislator names it a "commodity
the object of the barter agreements. In the
same time in practice there is a lot of questions
about possibility of applying property rights to the
object of the barter agreement. Other critical remarks
about the rules of the barter agreement in the
civil legislation of RSFSR and the Russian Federation
were done by the author in the article
The author has analyzed scientific and technical
literature, plus materials of judicial and investigative
practice, criminal procedural law, different views of
scientists, as well as his own judgments on the
proposed changes and additions to the content of the
article 163 of Criminal Procedure Code. The analysis
allows the author to declare the need to invite the
heads of the investigative bodies of the various
departments and units to carry out more in-depth
additional analysis of the items and norms of the
criminal procedural law governing the activities of the
detective, the head of the investigative body, the head
of the investigation team, the investigator, the chief of
the inquiry body, the body of inquiry unit and the
head of the group of investigators. However, the
article 163 of Criminal Procedure Code provides for
organizational and administrative activity of the head
of the investigative body in terms of decision-making
on the establishment of the investigation team, in
determining the psychologically compatible, pushing
and experienced investigators, members of the
investigation team, as well as the approving of the
head of the investigative group. Moreover, according
to the p. 3 of part 1 of the art. 39 of the Russian
Criminal Procedure Code, a head of the investigative
body has the right to give instructions about the
direction of the investigation and certain investigative
actions
The article covers the problems of the classification of
the crime under Article 159.1 of the Criminal Code of
the Russian Federation, and its delimitation from
certain related offenses. The article analyzes a
definition of the area of lending as well as the
definition of a bank or any other lender. The article
also analyzes a subject of a crime and the subjective
aspect of a crime. The author pays special attention to
the analysis of the ways (methods) used to commit
fraud in the area oflending. The article considers the
question of whether the known to be false or
misleading information provided to a bank or other
lender is the evidence for the crime stipulated by
Article 159.1 of the Criminal Code of the Russian
Federation. The article encourages the exchange of the
opinions upon the problem of the application of the
law on fraud in the area of lending. The author
indicates the need for some changes in Article. 159.1
of the Criminal Code of the Russian Federation and the
adoption of a new resolution of the Plenum of Russian
Supreme Court, which will resolve difficulties in
qualifying fraud in the area of lending
The article analyses the criminal and budgetary
legislation in the field of non-targeted spending
of budgetary funds. Research of the official
statistics provided by the General Prosecutor’s
Office of the Russian Federation from 2003 to
2014 showed a decrease in the facts of nontargeted
spending of budgetary funds, that,
according to the authors, is a sign of high level
of latency, because law enforcement and
financial control authorities are facing
difficulties at a stage of identification of this
crime and proof of data obtained during the
investigative measures. The authors of the article
paid special attention to the analysis of the
elements of the non-targeted spending of
budgetary funds. The different points of view of
the object of this crime are considered. At
disclosure of objective features, the authors point
to the terminological differences between the
Criminal code of the Russian Federation and the
Budgetary code of the Russian Federation that,
undoubtedly, in practice disturb the correct
qualification of the actions. By consideration the
subject of non-targeted spending of budgetary
funds, materials of criminal cases have been
studied which allowed to reveal obvious gaps of
the criminal law in this sphere. The authors
formulated the proposals for improving the
legislation by inclusion of the qualifying features
and addition the third part of article that,
certainly, has to be reflected in differentiation of
criminal responsibility
The authors of the article analyze the legal grounds of
free legal assistance marking the novels of legislation
regulated by the federal law “On free legal assistance
in the Russian Federation” and problems connected
with its realization. There were given the
characteristics of subjects of state and non-state
systems of free legal assistance in the article. The
special attention is paid to the specificity of the
activity of state and municipal agencies, legal clinics,
non-state centers of free legal assistance. The authors
consider the peculiarities of legislation of the subjects
of the Russian Federation setting the guarantee of
rights on getting of free legal assistance. The problems
of legal assistance under the presenting of citizens’
interests in arbitrary courts, problems of legal clinics
assistance quality, problems of legal provision of the
activity of municipal legal agencies are analyzed in the
article. Due to the practice of realization of legislation
in the Krasnodar region there were made the
conclusions on the reasonability of extending of the
list of citizens’ categories having the right for free
legal assistance and cases of such assistance, giving
the compulsory authority to the agreement on free
legal assistance; the introduction of the article on
municipal legal agencies into the Federal law; working
outs of standards of the activity of legal clinics and
systems of preparations to the legal assistance of
students and teachers
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 article examines the historical conditions and the
legal regulation of the Crimean Khanate territory
joining to the Russian Empire in 1783 and formation
of Taurian District as a new specific administrative
and territorial unit. Specific characteristics of Taurian
District are highlighted, as well as tasks that region
faced due to its geographical position and constant
wars between Russian empire and Ottoman Porte.
Attention is paid to the factors that led to the creation
of the district but not the viceroyalty, in contrast to
other areas joined in the same time. The different
examples of understanding of the term "distrist" –
"oblast" – in science and language are given. The
author clarifies certain features of the district, which
were not taken into account in deriving the scientific
definition of the district by Dambaeva O.P. Decrees
and their background issued by the legislator are
characterized. The problems of an administrative
nature encountered by the legislator in the face of
Empress Catherine II and her representative governor
Grigory Potemkin-Tavricheski, and then by Platon
Zubov are highlighted. Among these problems there
were emphasized the transfer of ownership of the
Tatars property who left the territory, as well as the
creation of an accurate map of newly joined territory
The article touches upon the question of the legal
personality of farm unincorporated as a whole and in
trading relations. The author gives scientific concepts
concerning the recognition / non-recognition of farm
unincorporated as a subject of law. Most scientists
believe that the farm unincorporated does not subjects
of law. Proponents of this view consider the farm
unincorporated as a multiplicity of persons, or as a kind
of special partnerships. The author thinks that these
points of view are questionable. The author joins the
persons who think that the farm unincorporated is a
special subject of law. The author understands the
trading relations as a cross-industry category. Therefore,
the author concludes that the farm unincorporated is the
subject of the trade relationship. This is because the
farm unincorporated is not a subject of civil law, but it
is a subject of other branches of law (for example, land
law and labor law). Therefore, a farm unincorporated
can be the subject of trading relations
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
In the present article the analysis of essence of system of the appeal, check and revision of judgments is carried out; the state is defined the condition of this system and its functioning on the basis of current trends of development of the acting criminal procedure legislation, practice of its application is defined; the circumstances and collisions influencing terms and quality of consideration of criminal cases in courts of appeal instance come to light and also recommendations and suggestions for improvement of work of the courts of the court of appeal are formulated