The article covers the following problems: delineation, prevention, suppression and detection of crimes as well as the detection and identification of the criminals who prepare, organize and commit crimes; search of fugitive suspects and people who holeup and abscond and dodge the responsibility as well as search of missing people; obtaining information about the events and activity (negligence) causing national, military, economical and environmental security threat of the Russian Federation; determination of the forfeitable property. The author suggests some solutions for the mentioned problems.
The estimation and check of reliability of indications of the victim is possible only under condition of a recognition of the last admissible and attribute proofs. Therefore inadmissible or not attribute indications of the victim are simultaneously doubtful proofs. Value of indications of the victim is caused by what the data directly concerning materials of criminal case contain. The given circumstance should force authorities of criminal legal proceedings to concern check and an estimation of the received information more attentively and critical, therefore the circumstances excluding responsibility accused, or, on the contrary, guilt in fulfillment of a crime can be established
In accordance with the Article 17 of the Criminal Code
of the Russian Federation, expert evidence is not of the
predetermined force for a detective, an investigator, a
prosecutor, a judge and a jury. However, historically it
is actually estimated as specific evidence different
from the other. As early as before the revolution in
Russia a court expert was considered to be a scientific
judge. An expert is a judge of the facts whose evidence
on the case is not actually estimated along with the
other types of evidence
The question discussing in the article is the pre-trial adjustment of disputes arising out of servitude relations and how to protect servitude rights in the court
This article discusses the basic tendencies of development of the civil law authorities under the influence of globalization and integration processes
The author of the article describes the characteristic features of the members of organized criminal groups, realizing providing functions, which are in many respects defined by character of their actions and an orientation of activity of formations. For example, those who are in charge of extortion implementation are characterized as highly qualified professionals in economics, banking and any other similar area. Their talents, knowledge, skills and ability to conceal the criminal activities should be considered by the law enforcement agencies when predicting crime as well as when developing investigation plan
The article deals with the analysis of the role and place
of court practice in the system of civil-law sources.
The author introduces a debatable matter of the
possibility to acknowledge the Russian law as case
law; analyses significance of the judicial practice in
the system of sources of the Russian law; outlines
positions of experts on this matter and draws her own
conclusions. The article provides a review of opinions
of Russian law academics' and practitioners' on the
topic of acknowledgement of judicial practice as a
source of Russian law. The author debates and further
concludes that assigning courts with the law-making
function would benefit the efficiency of current
legislation refinement. The author draws a conclusion
that in the continental legal family court practice,
which earlier wasn't considered a civil-law source,
started gradually to turn into a secondary after civil
legislation law source. The reason for it is because of
more complicated social relations civil legislation
failed to cope efficiently with the detailed legal
regulation which is needed in property relations
reglamentation. The author reveals the difference
between the notions of "court practice" and "judicial
precedent" and concludes that vesting courts with law
making power can facilitate the improvement of the
legislation in force, as well as the development of the
civil law regulation. The final conclusion is that the
litigation irrespective of the form of expression cannot
be the independent source of law
The article considers the concept of juridical person of public law in connection with new Civil Code. On the basis of features of juridical person of public law worked out up to today the author analyses the approaches to consolidation of this category in legislation
In the scientific article, the author came to a certain conclusion by considering various opinions of scientists relating to the present range of problems, and he has quoted a classification of murders, committed as hired killing: contract murders based on commercial conflicts in the sphere of business; hired murders committed on the base of criminal conflicts; hired murders committed in the sphere of industrial and employment activity
The article examines the problems of civil servants’ disciplinary responsibility in pre-revolutionary Russia. The specified legal institute during that period had close interrelation with criminal responsibility institute, as the legislation accurately did not divide disciplinary and a criminal responsibility. In the pre-revolutionary period had been laid by the legislator generally, the system of norms and rules, which was called to improve the quality of government, a level of service discipline, an authority of public service had been formed