«SYMPHONY» OF THE AUTHORITIES IN BYZANTIUM, AND IN RUSSIA AS THE SUCCESSOR OF THE BYZANTINE EMPIRE
The article discusses the "Symphony of authorities" in
Byzantium and Russia. It reveals the nature, origins
and objectives of the State and the Church. Since
ancient times, the Church played an important role in
the life of society and state. In Byzantium, the
authority of the Emperor played a major role in
strengthening the Orthodox Church. The Church,
particularly, has developed and highlighted the
official doctrine of the divine origin of the Imperial
power. In the Byzantine Empire a perfect model of
Church-state relations – "Symphony of authorities"
was formed. The article takes into account the
Byzantine edicts, which regulated the relationship
between the Church and the state. We considered the
legislative acts of Ancient Russia, confirming the
existence of that "Symphony" in the Kiev period. The
basis of the ancient law was based on the Byzantine
collection of ecclesiastical rules and Imperial edicts,
called Nomocanon. The article focuses on the models
of the interaction of the Church and the state. Special
attention was paid to the concept of "Moscow is the
third Rome", due to the continuity of the Byzantine
Empire Russia as an Orthodox center. We discuss the
result of Ferrara-Florence Union as the main reason
for the awareness and acceptance of the concept of
Philotheus by Russian people. Taking into
consideration the concept of "Moscow is the Third
Rome", we consider models of the interaction
between the state and the Church in the era before
Peter I the Great
The article deals with the causes of the motivation
growth among the population to commit fraud in
lending. The article covers the problem of
differentiation of a special type of fraud in the area
of lending to the general composition of fraud
under Art. 159 of the Criminal Code of the Russian
Federation. Particular attention is paid to the
analysis of the sanctions of Art. 159.1 of the
Criminal Code. The author considers the problem
of differentiation of criminal punishment for fraud
in lending, which is stipulated by a special
regulation in relation to Art. 159 of the Criminal
Code. There is a proposed calculation of the fine,
which should be based on the amount of the
damage, and must be proportionate to it. The
problem of distinguishing Art. 159.1 of the
Criminal Code from the related elements of a crime
under Art. 176 of the Criminal Code has been
considered
In this scientific article, the author deals with the
application of specialized knowledge are competent
persons (experts, specialists, forensic specialists) in
modern law enforcement in various forms: procedural
and non-procedural. The development of various
information technology, hardware and collecting
evidentiary information devices, as well as their
application in day-to-day activities of bodies of
inquiry (investigation) and operational units are by far
enough effective activity. In this connection, there
was a need for amending and supplementing the
existing legislation the Russian Interior Ministry,
some ordering process handling documents in the
preliminary investigation as a whole. The author
indicates the responsibilities of forensic units of
internal affairs bodies as in the conduct of
investigative actions and operational-search activity.
At the end of the article, the author proposes an
electronic form of the certificate of the expert
forensic investigation in which are reflected issues of
application of technical means in the course of the
investigation, the rights and duties, as well as the
responsibility of the forensic specialists, which
provides a modern criminal procedure and criminal
legislation of the Russian Federation, however, it has
not so far reflected in existing regulations Ministry of
Internal Affairs of Russia
The article is devoted to the problems of legal
regulation of electronic voting an e-democracy in
foreign countries. The possibility of informationalcommunication
technologies introduction into the
voting process is studied. In the absence of a unified
approach to the understanding of the legal nature of edemocratic
processes, the authors give the special
attention to the analysis of state policy in the sphere of
the e-democracy improvement. There were considered
the systems of electronic voting system which were
used in elections in Estonia, Germany, Austria, UK,
Switzerland and Finland. There were analyzed the
practice of Internet-voting as a prototype of electronic
democracy and problems of identification of voters,
calculation of votes, ensuring of secrecy of the ballot.
There were marked means the use of electronic voting
as positive sides and considerable risks connected with
the possibility of interference into the system of
electors’ votes and complexity of securing of control
of procedure of electronic voting. Authors make
conclusions on possibility of the use of positive
foreign experience of distant voting during the
elections in Russia and on the necessity of working out
of legal claims to informational space and given
information to increase its quality and credibility
In the article, the authors point out that the
investigator plays a key role in the criminal
investigation process, he independently directs the
criminal investigation, takes decisions on the case,
collects, verifies and evaluates the evidence. While
performing his functions he is actively assisted by the
staff of expert criminalistic units. However, in
practice, not all investigators take full advantage of the
opportunities provided by these units. It is quite true
concerning the forensic records, the possibilities of
which are extremely poorly used in the investigation
of crimes. At the same time, the authors emphasize
that modern forensic records also face a lot of
problems, the solution of which he sees in their
complex use in the identification process of a person.
This problem can be solved if the following conditions
are met: integration, unification, automation of
forensic records (database of surname cards with
appearance descriptions) and improvement of the legal
regulation of the activities of the entities that keep and
use these records
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
In this article the legal capacity and capacity of agricultural
cooperatives fixed by the existing civil legislation
of the Russian Federation, and also the international acts
is considered. The concept and the maintenance of right
subjectivity of legal entities in relation to such special
look as agricultural production and agricultural consumer
cooperatives is analyzed. The main essential differences
in legal status and the maintenance of legal capacity
of agricultural production and agricultural consumer
cooperatives on the basis of the analysis of the agricultural
cooperative legislation, law-enforcement practice
and the existing points of view of various authors (scientists-lawyers)
are determined by this perspective in
scientific literature. Proceeding from the detailed historical
analysis cooperative legislative (both Russian, and
international), and also the operating standard establishments,
scientific views logical conclusions are
drawn on lack of essential differences in legal status of
agricultural production and agricultural consumer cooperatives.
Besides, the reasoned conclusions are drawn
on special legal status of agricultural cooperatives in
system of legal entities and on shortcomings of the existing
Russian civil legislation defining the bases for
classification of legal entities and establishing their legal
status. For the purpose of improvement and solution
of problems of right subjectivity of agricultural cooperatives
a number of measures of legislative character
which are able to afford not only to allocate, isolate especially
agricultural cooperatives from other organizational
and legal forms of legal entities is offered, but
also to make them the independent subjects of business
activity possessing specific inherent only it right subjectivity
that will allow to give them the special status and
to increase their appeal and efficiency for the purpose of
revival of agricultural branch of economy of Russia
In the article there is a comparative analysis of the
criminal legislation of the countries of the near
abroad, regulating responsibility for the murder of a
newborn child by the mother
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 article deals with the problems related to the
modern concept, content, classification and
criminalistic supporting of an investigation and
operational group. The author has analyzed scientific
and technical literature, materials of judicial and
investigative practice, criminal procedural law,
different views of scientists, as well as his own
judgments on the modern concept, content,
classification and criminalistic supporting of an
investigation and operational group. Thus,
criminalistic supporting of detecting, exposure and
investigation of crimes by an investigation and
operational group is a system of integrated application
of legal and criminalistic knowledge aimed to provide
the usage of the most meaningful and practical
approaches and techniques, means of specific
knowledge, organizational and administrative as well
as strategic and procedural recommendations. This
system ensures the best arrangements for the
establishment of truth with regard to a criminal case
by carrying out a set of investigation activities,
operational and search activities and organizational
measures within the norms determined by the
Criminal Code of the Russian Federation and the
regulations of law-enforcement authorities