The article examines some features of legal regulation of civil servant’s legal responsibility in the Russian Federation
The article is concerned with problems of notion and qualification of contracts not regulated by the Civil Code of the Russian Federation and other legal acts ("unnamed contracts"). Conflicting jurisprudence on ascertaining unnamed contracts concluded is demonstrated. The methods to perfect the legislation on the matter are suggested
The aim of the article is to systematize by means of analyze overviews concerning the definitions of the guilt which exist in the jurisprudence, to examine
the questions of guilt forms influence on differentiation of legal liability measures, liability without guilt and to suggest the course of perfection of acting civil legislation and the practice of its application on the base of the examined material.
There were presented the results of research carried out by the author in the article, that is assessment
of trustworthiness of evidence with case at bar.
The author drew a conclusion about necessity
of criminal- commitment procedure legislature
improvement, in particular, pronouncement of
sentence in the case of rejection of public prosecutor
from maintenance of accusation in court on the basis
of scientific and special literature, in particular,
works of O.L.Vasilieva,Yu.K.Orlova,
A.E. Merkusheva, P.A. Lupinskaya, V.Zazhitsky,
I.B. Mikhailovsky, I.L. Petrukhina et al and with
an account of published and unpublished jurisdiction.
The analysis of civil-law norms provided in the fourth part of civil procedure law of Russia allows to express opinion that apprehended and embodied by civil procedure law in sphere of regulation of the right to results of intellectual activity and individualization instruments in the criminal law is not reflected in full, in particular, in article 146 of the criminal code of Russian Federation.
The article deals with the main reasons, which
obstruct the ability of citizens to realize their
birthright on a necessary defense in the protection
of family members and minors. The article has paid
attention to the importance of the criminological
characteristics of the crimes, with an aim to develop
measures on prevention of criminality. The author
has analyzed socio – demographic characteristics of
the individual, who can use the right of necessary
defense for guard family members and minors,
based on key descriptions (gender, age, level of
education, occupation, marital status. There is a
proposed change in the article 37 of the criminal
code, with a new category of persons – family
members and minors. The author also suggests
reducing the size of the criminal responsibility, in
the article 108 and 114 of the criminal code of the
Russian Federation, to one year for persons who
exceeded the limits of necessary defense, when they
protect family members and minors
Relation of correctional institutions staff to the reformation of industrial-production complex
of criminal-executive system and processes of humanization of legislature to the concern of imprisoned persons in places of incarceration is investigated in the article. Degree of above
mentioned processes influence on production- economic activity of institutions is determined.
The article covers the problems of procedural status and functions of a forensic investigator taking into account the provisions of p. 40 (1) art.5 of the Criminal Code, comparing with the previous position of the criminal procurators. The author suggests the wording of a new article 38(1) of the Criminal Code as a “forensic investigator” and defines his procedural status. Thus, a forensic investigator at the pre-trial proceedings should have the following powers: according to the investigator’s decision (the head of the investigation team or the head of the investigative body starting the production of a case) he could be entitled to authorize the investigative and other procedures, as well as the participation in the investigation along with the investigator, in order to ensure the proper application of scientific and technical tools and procedural recordings during the investigation, addressing experts for help and cooperation with forensic institutions, and the use of the advanced features of forensic examinations; introduction of new science and technology excellence in the detection and investigation of crime; development of scientific-methodological and practical recommendations for the detection and investigation of crimes
This article is important today because there is not
enough attention in the contemporary law publications
paid to the typical patterns of crime mechanism
especially in the sphere of illegal weapon and
ammunition turnover. Taking into account the
opinions of such well-known forensic scientists as
R.S. Belkin, V.D. Zelensky, G.M. Meretukov, M.V.
Golovin, V.A. Obraztsov, J.G. Korukhov, V.Y.
Koldin, O.V. Chelysheva, L.Y. Drapkin, V.N.
Karagodin and others, the author comes to the
conclusion that it’s necessary to develop typical
patterns of crime mechanism for certain types of
crime. The author has worked out some typical
patterns of crime mechanism in the sphere of illegal
weapon and ammunition turnover based upon major
informative criminalistic elements, this particular
article describes seven typical patterns of crime
mechanism for the illegal storage, transportation,
transfer, carry, purchase and sale, manufacture, repair
or alteration, theft or extortion, careless storage or
improper performance of duties on protection of
weapon, its basic parts and ammunition. Each pattern
is accompanied with the examples of judicial and
investigative practice, followed by the necessary
explanations and analysis of the activities of the
subject of the investigation on the preparation, followup
and final stages, which leads to the conclusion
about the legitimacy of the proposed patterns
The article questions of a legal regulation of standards of the family and civil legislation of guardianship establishment over minors, about implementation and protections of their rights, are considered the problems arising at practical realization of the relevant standards are considered