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 deals with a new type of crime –
physical assault committed by a person brought to
the administrative punishment. The research is
referring to meaning, base and measure of criminal
liability. The authors are analyzing the positions of
scientists and practitioners about making this
amendment in Russian Criminal Code
Russian civil legislation contains a list of ways in which
the parties to the transaction have the ability to enforce
the commitments. These methods form an important
institute of the Russian law of obligations. For a lender,
ensuring the fulfillment of the obligation is an additional
guarantee that the commitment made by the debtor of his
obligation will be fulfilled properly in accordance with
the terms of agreement between them. In this article we
will focus on independent guarantee – one of civil-law
ways of ensuring the fulfillment of the obligations which
differs from the others. The independent guarantee is not
new to the domestic civil law. Thus a bank guarantee,
familiar to the Russian law, have transformed. Having
made a comparative legal analysis of the characteristics of
a warranty considering significant changes in liability law
norms, the authors explore the legal nature of the
independent guarantee, define its place in the system of
the ways of ensuring the fulfillment of obligations,
analyze the feasibility and effectiveness of the
implementation of the warranty in practice, focus
attention on the discussion of theoretical questions, and
name problems that law enforcers may face in ensuring
the fulfillment of obligations by means of the independent
guarantee
The article describes the contents of typical
investigatory situations in the initial phase of the
investigation of crimes against family and minors and
the investigation version is based on the situation. We
have also described an algorithm of investigation of
each situation
The article briefly describes the completeness of the
organization of the investigation and its relevance to
forensic techniques. The peculiarities of the structure
of the technique of investigation of crimes against
family and minors were examined
The article discusses the features of the personality of the victim in cases of crimes against life and health, motivated by ethnic, racial or religious hatred or enmity with victimological perspective
In the article the authors analyze the state of crime
prevention in special legal literature, with analyses
certain provisions of the criminal procedure code of
Russia, allowing carrying out the preventive activities
of the investigator during the investigation of criminal
cases. In particular, the authors discuss the actual
activities of the investigator in relation to the
investigation of illicit trafficking in drugs. In the
scientific article we have taken into account the views
of famous scientists: R. S. Belkin, S. A. Solunskogo,
A. N. Kolesnichenko, I. A. Vozgrin, I. I. Ivanov and
others
In the article, we have performed an analysis of
respect for the principle of immunity of the right of a
private property in case of the address of a claim to
property. Restrictions of the principle of immunity
are shown concerning both property objects, and
concerning competences of the owner that in case of
proper approach from the legislator is not violation of
the rights and interests of the person. The unique
premises can act as a subject of the address of
collection of debts of the testator. It is established
that the size of the money which isn't subject to
collection shall be determined living at least by the
territorial subject of the Russian Federation, and also
funds for expenses for acquisition of necessary
medicines and the equipment shall be in addition
guaranteed. Shortcomings and contradictions in case
of regulation of the bases of the address of collection
on separate types of property are revealed,
suggestions for improvement of these provisions are
made
Legal consolidation of the corporate agreement institution
in the Civil Code of the Russian Federation allowed the
participants of business companies to implement and
manage corporate rights in accordance with this
agreement. However, reception of the institution and the
lack of uniform court practice gave rise to many doctrinal
disputes about the legal nature of the contract. The article
presents the opinions of scientists on the issue of what
rules of areas of law regulate the corporate agreement,
whether it is separate or complex legal institution. The
authors consider that the corporate agreement is governed
exclusively by the rules of civil law. The corporate
agreement is not a contract or an obligation in the
traditional sense, however, it should be subjected to the
general rules of obligations and contract law The
corporate agreement has features of the unnamed
contract, but despite this, it should be recognized as an
independent civil law named contract. It is needed to
ensure that, in addition to the general rules of the
Obligations and Contracts, the rules of a treaty on the
rights of participants of the limited liability and
stockholders' agreement are applied to the corporate
agreement