The article deals with the causes of decline in the
quality of training of future lawyers, the need to apply
and implement in the learning process of innovative,
practice-oriented technology related to the study and
use of law enforcement practice while writing diploma
and other scientific papers by law students of criminal
law specialization. Some ways of search and receiving
the materials of investigative and judicial practice are
proposed in the article
The aim of this article is to identify the main trends of the influence of illegal use of narcotic drugs and psychotropic substances to the crime. We considered the basic problems of drug addiction in the population, the spread of drug-crime relationship addiction and crime. The actual study of illicit use of narcotic drugs and psychotropic substances on crime is built
methodologically on the following positions: comparative-legal and socio-political, general and private scientific and statistical information. In our view, the main point needs to be done to identify the causes and conditions conducive to the spread of drug addiction and drug crime. We have to determine the
main trends of the illicit use of narcotic drugs and psychotropic substances to the crime and define the core area formation of the Russian anti-drug policies, taking into account the impact of demand (drug use) to proposal (drug crime), and feedback between drug supply and abuse of narcotic drugs and psychotropic substances
Book-entry securities as the subject of theft. The
article deals with the questions of legal assessment of
crimes, targeted at embezzlement of book-entry securities.
The article reports author's position concerning
the expediency of creation in Russian criminal
law system, the criminal liability for book-entry security
taking in articles about theft and property
crimes. The plot of the article requires the discussion
in terms of recognizing book-entry securities the
subject of theft, and creation of criminal liability for
the illegal taking of book-entry securities. The research
of legal assessment of book-entry securities
theft is well-reasoned by top scientists, cases of court
practice, and gives an assumption to consider bookentry
security as a subject of theft. Moreover, current
level of property relations, material and non- material
values put into trade turnover, including objects
that have an informational character, and do not possess
any material characteristics, attest how important
is to recognize non-material thing the subject
of theft
The article explains that legal designation of criminal
procedure principle of criminal proceedings language
(in the article 18 of the code of criminal procedure it
was called "Criminal proceedings language") cannot
be recognized as sufficiently accurate. There are
arguments in favor of changing the title of this article
and labeling it as the in the law "Principle of the state
criminal proceedings language" in this article
The article describes the main theoretical principles of the concept and content of the investigation of crimes against family and minors. The factors defining character of an investigative situation of an initial stage of investigation are stated, there is a definition of a subject of investigation and its content in investigation of the studied crimes
The article subjected to a detailed analysis of the norms of a number of Federal laws, fixing the liability insurance for members of self-regulatory organizations. The author shows the benefits of liability insurance of members of self-regulatory organizations in comparison with another way to ensure property accountability is the compensation Fund of the self-regulatory organizations. It turns out the legal nature of the contract of insurance property liability of the members of self-regulatory organizations, types of property risks in the insurance contract that applies to the members of self-regulatory organizations. It is noted that the issue of liability under contracts of members of self-regulatory organizations in the Federal law "On self-regulating organizations" not resolved, fixed only need to create a personal and (or) collective insurance. In practice, insurance agents offer to insure the contractual liability as liability for injury that, according to the author’s opinion, is not complying with the law, including the standards of article 931 of the Civil Code of the Russian Federation. The issue of the conclusion of the construction contract of property insurance liability of members of self-regulatory organizations is also discussed by the author, as well as the necessity of the using in such a situation the rules of the Law "On insurance" about the contract of financial risks insurance. The necessity of changes and amendments of the current legislation of the Russian Federation on insurance property liability of members of self-regulatory organizations is proved by the author
The article is devoted to the creation and activity of principally new organs of local self-government for Russian state – province and uyezd Zemstvos, which were formed by means of elections. Peculiarities of political and legal mechanism of formation of overall class organs of local authorities having too many powers in decision of questions of local sense are disclosed. Attention is paid to incompleteness of legislative regulation of many electoral procedures that made the sphere of administrative discretion significant. There were enlightened principally important characteristics of elections in Zemstvo which are overall class and combination of a principle of property qualification with noble family class representation, on the basis of which the author makes the conclusion on necessity of extension of representations of modern legal science on present qualifications. The comparative analysis of public polemic on the questions of results of Zemstvo reforms is conducted. In general bulk of ideas on extension of Zemstvo representative law the author was singled out two main trends: extension of quantity of voters by means of decrease of qualification limitations and equalization of representation of different social and class groups of population. On the basis of analysis of legal bases of formation and development of electoral process in XIX century the assessment of adequacy of modern system of Russian representative legislation is implemented
At present time, the authors consider the urgent problem on preparation of a prosecutor to the realization of criminal-procedural function of establishment of objective truth in a criminal case for law enforcement practice. The conclusion on realization of the present function by a prosecutor is substantiated on the basis of directives of a general prosecutor of the RF, a prosecutor of Krasnodar region, the conducted poll of present employers of bodies of a public prosecutor's office of the RF, opinions of scientists in the sphere of process, authors’ own arguments and practical recommendations on preparation of its execution are given. The complex analysis of criminal-process authorities of a prosecutor allowing it to achieve the effective establishment of objective truth in a criminal case is carried out
The article is devoted to the study of the structure of
the apparatus of propaganda of the Volunteer army
and Armed forces of South Russia under the
command of General M. V. Alekseev, as well as the
changes implemented in this structure by generals A.
I. Denikin and P. N. Wrangell. We have highlighted
the high importance of an effective propaganda
mechanism during the civil war and iIndicated the
reasons why the propaganda machine on the "White
South" lost the efficiency of similar structures of the
Bolsheviks. We considered such reasons as the
absence in the Volunteer army powerful single
ideology, as the basis for further indoctrination, the
Bolsheviks significant advantage in material and
technical equipment and production capacity, and
advantage in time, as the propaganda machine of the
Bolsheviks began to form several years before the
outbreak of the civil war. The article reveals the
formation process of the news propaganda of the
Department of diplomatic division and its subsequent
reformation in the Publicity Agency (Oswag) of the
Chairman of a Special meeting. We have also
touched upon the dissolution of Osweg at P. N.
Wrangel and the establishment of a number of
departments executing its functions. It is concluded,
that the changes in the structure of the propaganda of
anti-Bolshevik movement in South Russia, were
excessively complicated and mostly formal in nature,
they did not solve existing problems, but only
created new ones. It is noted, that the main task of all
transformations in the apparatus of propaganda, i.e.
to overcome the significant advantages of the
propagandists of Bolshevism, was not achieved as a
result of the considered structural reforms
In this article some features of standard regulation of a legal status of public servants of civil department in the XIX century are considered. The author notes that legal status of the public servant is the main component of system of legal support of public service. In this regard, theoretical approaches to understanding of such category of law as "legal status" are investigated. The scientific and legal category "legal support" can be considered as in wide, and in a narrow sense. We suggest understanding such system of the social and legal elements able as legal support to influence formation of precepts of law and their practical realization. Modern scientific approaches to definition of the legal category "status" are characterized by sufficient different aspects; there is no unity of opinions that allows drawing a conclusion on difficult multicomponent system of elements of the status of public servants. Legal status of the public servant - the sphere of realization of the rights and duties, legitimate interests, legal responsibility, guarantees. The office legislation in the Russian Empire in details regulated features of legal status of public servants. We have prepared a massive layer of legal acts which was improved further and, in fact, in the changed form found the reflection and during the Soviet period of development of institute of public service in spite of the fact that as a result of revolution of 1917 all regulations were cancelled. Elements of legal status of public servants were accurately defined and designated: the rights, duties, guarantees, a ban and restrictions, legal responsibility that was absent at the legislative level earlier