The authors of the article point out that the research of
cold steel arms and their traces has been considered in
detail in the studies of different criminologists.
Unfortunately, many scientists, examining cold steel
arms as the item of expertise, mainly paid attention to
the knives, swords, daggers, etc., but few researchers
considered crossbows as cold steel weapon. In
accordance with part. 4 Art. 223 of the Criminal Code
of Russia for illegal manufacture, alteration or repair
of throwing weapons, as well as the illegal sale of
throwing weapons (Art. 4, Art. 222 of the Criminal
Code), criminal liability is stipulated. Thus, the
authors agree with the opinions expressed in the
literature according to which attention should be paid
to the fuzzy wording of p. 4 Art. 222 of the Criminal
Code and p. 4 Art. 223 of the Criminal Code of the
Russian Federation: "Cold steel weapons, including
throwing weapons". Throwing weapons are not
included in the number of cold steel arms; it is an
independent type of weapon that is different from the
cold steel by its technical characteristics. The common
feature of cold steel arms and throwing weapons is
striking of a target due to the muscle power of a man.
The main difference is that there is no projectile with
directional movement in cold steel arms and striking
occurs due to the direct contact with the object. The
definitions of these types of weapons are contained in
the Federal Act "About Weapons"
HOW TO SOLVE THE TASK OF CLASSIFICATION OF TYPES OF RIFLE AMMUNITION USING THE METHOD OF ASCANALYSIS
In criminology, there are actual problems of determining
the type (machine gun, rifle, large caliber, pistol)
and a particular model of small rifle for its ammunition,
in particular, discovered in the use of weapons.
The article proposes a solution to this problem with the
use of a new innovative method of artificial intelligence:
automated system-cognitive analysis (ASCanalysis)
and its programmatic toolkit – a universal
cognitive analytical system called "Eidos". In the system
of "Eidos", we have implemented a software interface
that provides input to the system images, and the
identification of their external contours on the basis of
luminance and color contrast. Typing by multiparameter
contour images of specific ammunition, we create
and verify the system-cognitive model, with the use of
which (if the model is sufficiently reliable), we can
solve problems of system identification, classification,
study of the simulated object by studying its model
and others. For these tasks we perform the following
steps: 1) enter the images of ammunitions into the system
of "Eidos" and create mathematical models of
their contours; 2) synthesis and verification of models
of the generalized images of ammunition for types of
weapons based on the contour images of specific munitions
(multivariate typology); 3) quantification of the
similarities-differences of the specific ammunition
with generalized images of ammunition of various
types and models of small rifle (system identification);
4) quantification of the similarities-differences of the
types of munitions, i.e. cluster-constructive analysis
Relevance of the chosen topic is caused by
existence of disputable issues in qualification of
the crime established in article 153 of the
Criminal code of Russian Federation. Objective
and subjective elements of corpus delicti of
substitution of a child are analyzed in the article.
The special attention is paid to the object of the
crime, and also consideration of the concept
«victim». In this article «mercenary and low
motives» as a constructive feature of the
subjective element of substitution of a child are
considered, the most significant gaps in norms of
the criminal legislation are analyzed and ways of
their elimination are offered. Having
investigated normative legal acts, court practice,
foreign legislation and the existing theoretical
developments, authors give their interpretation
of article 153 of the Criminal code of Russian
Federation. The authors express opinion about
strengthening of the punishment for this crime.
We consider important inclusion in corpus
delicti of this crime such aggravating features as
the act: «against two or more persons», «a group
of persons by previous agreement or organized
group», «a person using his official position», «a
person who has a previous conviction for crime
against a family and minors»
Currently, pension by virtue of their social significance in
favor of one of the main socially important guarantee of
stable development of society, to ensure the financial and
budgetary sphere of the state. Private pension founds are
viewed as an instrument to raise the material well-being
of pensioners. The social significance of non-state
pension funds is to involve the population in the sphere of
voluntary pension insurance. The author analyzed the role
of non-state pension funds in acting to pension system.
The article subjected to a detailed analysis of the norms of
a number of Federal laws, fixing the investment activity
of non-state pension found. The author concludes that
there is a need to improve existing legislation on
investment activity of non-state pension found. As well,
the authors indicated some legal problems that occur in
practice arising from owners of the investment portfolio.
The authors have analyzed the performance of pension
funds and formed an opinion about the state of the whole
system. Following consideration of the practical problems
has been offered for both theoretical and practical ways to
address them in order to prevent violation
Currently, there is a topical question of legal
consolidation in the tax and the customs legislations of
the fee for goods purchased from a foreign company
through a transaction concluded by the information and
telecommunications network "Internet". According to the
legislator, such innovations will limit the spillover of
online orders to the neighboring states with a high
threshold for duty-free shipping, which will strengthen
the domestic e-commerce market. The authors believe
that the consolidation of the institution in the national
legislation would contradict the general provisions of tax
legislation. The authors believe that such measures will
increase the number of sham and mock transactions and
reduce import turnover. The proposed projects of the
European Economic Commission of the European
Economic Union on the Internet fees in their structure are
poorly written, in particular, they lack the concept of
internet purchase, there is no resolution of the issue of the
relationship between the collection and the value added
tax.The authors come to the conclusion that these projects
should to be completed, in particular, it is proposed to
supplement the provisions of domestic legislation,
delimiting the object of taxation the value added tax on
the object of taxation for cross-border fee to be paid for
an online purchase. Their immediate implementation
without significant changes will not create a proper
mechanism for the implementation of this institution, and
generate a lot of conflict situations
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
The article touches the problem of studying the procedure
of granting housing to refugees and IDPs (internally
displaced persons) as well as their family members. The
procedure of granting housing to refugees and IDPs is a
very important process, being one of the general stages of
the modern border policy of Russian Federation. The
Standards of Housing Code and Code of Federal
Regulations, which secure legal status of these categories
of citizens, are analyzed In this article. The authors
analyze criteria of giving the refugee or IDP status to a
citizen, the procedure and conditions of providing
housing to these categories of citizens. Based on the
studies, the revision of the Standards of Housing Code,
particularly, the expansion and supplement to the notion
«accommodation» is offered, also it is offered to combine
the general regulations on the procedure of providing
accommodations to the refugees and IPDs. It is also
substantiated in the article that there is need to amend the
notion of specialized housing fond. The authors consider
reasonable to clarify what are the other accommodations
of different status that can be provided to refugees, IDPs,
and their family members. The proposed changes in
housing legislation will let us simplify and adjust the
mechanism for implementing the housing regulations in
legal relationships in providing housing for refugees,
internally displaced persons and their families
The contract of donation is one of the most common
and frequently encountered in practical life, civil contracts.
This article describes the history of the formation
of the contract of donation in civil law of Russia.
The author analyzes in detail the legal provisions
of the contract of gift, enshrined in the current before
the Civil Code of the RSFSR in 1964. Soviet scientists
considered some of the issues that have been and (or)
remain outstanding or require specification of the legislator.
Previously existing legal acts do not take into
account many associated with the donation contract
questions arising in practice, such as cancellation the
contract of donation. We study the qualifying elements
of a deed of gift, which allows distinguishing it from
related contracts. It is noted, that the scope of the rules
on the contract of donation has expanded with the
time, which could not be taken into account by the
legislator. Current legislation regulates the peculiarities
of relations arising in connection with the execution
and the conclusion of the contract of donation.
The author analyzes in detail the current legal regulation
of the contract of donation in the current Civil
Code. In particular, this article presents the problematic
issues: the implementation and application of the
contractual relationship between the given and giver,
raised the question of the qualifications of donation
with the participation of public servants, and lists
some proposals to address the shortcomings in the
current legislation. The article made other critical
comments with regard to the rules on the contract of
donation in the civil legislation of the RSFSR and the
Russian Federation. The article has a research character.
The authors show the way to solve the most pressing
problems of enforcement under the contract of
donation, and put forward proposals to improve the
legislation
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 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