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
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
The article deals with the use of methods of operativeinvestigative
activities in cases of bribery,
inadmissibility of provocation by certain employees of
operational units of law enforcement bodies against
persons being developed in operational accounting
cases. At the same time, the main attention is paid to
strict observance of the criminal procedural legislation
in the fight against this type of criminal activity; some
problems associated with imperfection of the
regulatory legal regulation in the course of operative
investigation activities in the investigation of
corruption crimes are investigated. The circle of
subjects of provocative actions at stages before
excitation of criminal case and carrying out of
preliminary investigation is defined. The reasons and
problems of revealing provocative actions are
considered at carrying out of operatively-search
actions on affairs about bribery. The spectrum of
possible operative-search measures, which can be
conducted with the purpose of revealing and fixing the
facts of bribery, is analyzed. An assessment is made of
the possibility of using the results of such an
operational-search activity as an operational
introduction in establishing the facts of bribery. An
analysis of the judgments of the European Court of
Human Rights on cases of provocative actions during
the conduct of operational-search activities at various
stages of criminal proceedings in criminal cases on
bribery
The article analyzes the legislative definition of the term of "official of the body of inquiry" (introduced in the paragraph 6 of part 1. article 40.2 of the code of Criminal Procedure of the Russian Federation the Federal law from 30.12.2015 year); it substantiates the definition and demarcation of the procedural powers of the relevant officials involved in the instruction execution process of the head of the inquiry body
This scientific article covers the relevant aspects of an investigator – criminalist of Investigatory Committee of the Russian Federation, both procedural and organizationally – tactical and managerial direction in the field of criminal justice. The author of the scientific article analyzes the norms of the Criminal procedure codex of the Russian Federation, departmental normative legal acts of the General Prosecutor and the Investigative Committee of the Russian Federation and expresses his own judgment; offers measures on improvement of position of some norms of the Criminal procedure codex of the Russian Federation on the studied issues
Currently, with the support of the Krasnodar region
administration, the task of returning the Cossack
way of life in the territory of Kuban is being solved.
In these conditions, features of honor, dignity and
business reputation of Cossacks of the Kuban
Cossack army as objects of the civil protection legal
relationship on their judicial protection from
defamation, considered in the article, become very
relevant. It is suggested in defamatory litigation to
leave the stereotyped, based on the same for all
understanding of these immaterial benefits, to take
into account their characteristics for the different
groups of population, including Cossacks of the
Kuban Cossack army
The article analyses the criminal legislation in
the application of such circumstance aggravating
punishment as crime in a state of intoxication.
Different points of view on a concept of state of
intoxication and its value for qualification of
crimes and criminal liability are considered. It is
emphasized that now the legislator establishes
the rule according to which the person who
commits a crime in a state of intoxication caused
by alcohol, drugs, psychotropic substances or
their analogs, new potentially dangerous
psychoactive substances or other intoxicating
substances is held to criminal liability on general
basis. In the article, we describe foreign criminal
laws concerning rules of sentencing a person
who committed a crime in state of intoxication.
The authors paid special attention to
consideration of court practice of application of
this circumstance aggravating punishment. The
authors illustrate the lack of uniformity in
approach of judicial authorities to application of
this circumstance. The authors formulated the
proposals for improving the existing criminal
legislation. In addition, the authors point to the
need for the Resolution of the Plenum of the
Supreme Court of the Russian Federation, which
would explain in detail the accounting rules of
state of intoxication at criminal sentencing
The author of the article analyzes the opinions of criminal scientists in the legal literature regarding technical and criminalistic support for the detection and investigation of crimes. The content of the given scientific article allows us to rethink the current state of the use of technical and criminalistic and other means in criminal proceedings. The author's revised definition of the concept of technical means used to collect, verify (study) and evaluate evidence in criminal proceedings is proposed
The article analyzes the content of the duty of the court
on determining the composition of persons
participating in the case and the specific actions of the
court, he needs to do to resolve the issue of the
composition of the persons participating in case:
correct definition of the subjects of the disputed
material relationship; identifying the possible presence
of other actors material legal relations that are in close
connection with the disputed material relationship
The authors of the article consider legal organizational and tactical issues related to the search activities of operative-search units for the determination and detection of murders committed by an organized group. The authors compared certain provisions and norms of the Constitution of the Russian Federation, criminal law, criminal procedural law, Federal Laws regulating operative-search activities, searching activity in particular, some issues of obtaining information from confidential sources. Particularly, the authors consider the preparation, commission and concealment of murders committed by an organized group, and come to the conclusion that they are distinguished by careful planning, thoughtful execution and distribution of roles between accomplices. Detection and investigation of such cases are often really difficult due to their non-obvious conditions and concealment of traces of crime by criminals and counteraction to investigation. Therefore, the timely identification of persons involved in commitment of a murder mainly depends on capabilities of units carrying out operational search activities wisely used by an investigator