|THEORY OF LAW AND JUSTICE|
|Chirkin V.E. The Rule of Law in the «Staatsrecht»: Terminology and Content
Article is based on the study of documentary materials. Although the terminology is inseparable from content the article discusses mainly terminological side of the phenomena. Using comparative, linguistic methods, content analysis, the author examines terminology used in British, French, German, some other constitutions, including the constitutions in Slavic languages, other legal acts, international documents to refer to the concepts of «state of law» and «rule of law» (sometimes also used the term «rule of law»), showing the differences in the origin, content and meaning of these phrases in Russian, some other Slavic languages, and other languages in Western Europe. The article listed the shortcomings of some terms, limit the content of the rule of law concept by higher legal force of the Constitution, the constitutionality, legality or the special role of the law in the system of sources of law. The author examines the definitions of «rule of law», which given some credible international organizations offers clarification of these definitions.
|Antonov J.V. Realities and Prospects for the Development of E-justice System in the Russian and European Practice
There are various forms and legal mechanisms for e-democracy. It includes an e-justice. E-justice is characterized by transparency, accountability, transparency of information, provision of electronic document. In this paper the author examines the prospects of the constitutional and legal e-justice in Russian and European practice.
|Stepin A.B. Form of Individual Judicial Regulation
In the article the questions of realization of forms of individual judicial regulation, characterized by their diversity in the system of legal regulation of social relations. Examines the problem of complex implementation of regulatory and individual legal forms of regulation. The analysis of the concept and essence of individual judicial regulation.
|Yakushev A.N., Komarov S.A. Mass Falsification of the Results of the Evaluation of theses Programs
The article is devoted to the development and application of programs of anti-plagiarism. Installed, they are based on norms of regulations contradicting the Federal legislation; evaluation criteria use of the original work are not words or phrase, and paragraph. Records of the programs of anti-plagiarism is a mass falsification of the results of the evaluation of the use of the original works. The structure of the article: relevance of the topic, the legal basis for the use of the work, citation, plagiarism, «plagiarism» in the theses, reports, programs of anti-plagiarism on the subject of the originality of scientific works.
|Atarschikova E.N., Ponomarev E.G. Law and its Anthropological Features
In the article the problem of formation of legal culture and enhance the legal awareness of the person. Attracts modern domestic and foreign scientists, anthropology of law, or legal anthropology, which held steady in the Humanities, defining the historical basis of the theory of state and law and development.
|Agutin A.V., Serbic L.A. Valuable Bases Prosecutor’s National Security Activities
The article is devoted to axiological grounds of prosecutorial activity in providing of national security. Analyzed forms of the system of values of the Russian people and their effect on prosecutorial activities to ensure national security. The role of the mentality and worldview of the Russian people in the formation of the Prosecutor’s activities to ensure national security. Based on the impact of policy statements and appeals of the President of Russia Vladimir Putin the Prosecutor’s efforts to ensure national security.
|POLICY AND LAW|
|Grachev N.I. The Functions of the State: the Experience of Conceptual Reconstruction
On the basis of the structural-functional analysis, the systematic approach and a new way of meaningful organic theory of the state it is attempted to conceptual reconstruction of the state functions. They are examined as vital, organic political and legal processes, objectively arising from the nature of the state as a form of existence and development of particular people, ensuring its sovereign status in the world community. It is proved the existence of the general state function, which consists of four elementary organically inherent state functions — integration, institutionalization, adaptation, goal setting and goals achievement. It is analyzed the social, political and legal content of these functions and it is determined their assignment as necessary conditions for the existence and development of the state.
|Erygina V.I. Threats and Risk of the Soft Parliamentary Regime from Positions of Conservative Traditionalism
The successful solution of modern problems, not only in lawmaking but also in law enforcement fields of development rights depend on the efficiency of credible legislative (representative) bodies of state power, from the quality of their laws. However, the role of Parliament in the Russian system of «vertical of power» is clearly understated that can be justified only by the need to maintain the stability and integrity of the state. In the study, the author tries to understand what the dangers of being a parliamentary regime, whether it threatens the integrity of the Russian state, which contains the apparent and hidden weaknesses. On the basis of the analysis of critical theory, developed by the Russian scientist-jurists of conservative direction, who deny parliamentarism, and also taking into account historical experience, the contributor makes conclusions about the need for further improvement of the contemporary representative institutes of the authority.
|Shibaev D.V. Methods to Counter Information War
The government should be prepared to prevent and counteract state of the art techniques of warfare, viz.: to work out measures to oppose enemy’s information weapons; to gain information superiority; to develop a society that is immune to information; to establish a concept of counteraction to information warfare. The authors have examined both foreign and Russian sources of law defining the requirements for the government activities to confront the information war. They also refer to the viewpoints of foreign and Russian researchers, politicians and public figures who have narrated their opinions on the concept and features of such political and legal constructs as information war and information weapons. The problem of information warfare must be identified as a profoundly serious and damaging threat. The paper expands on some provisions defining the characteristics of information warfare and methods to resist it as well as the proposals to amend the domestic legislation to create conditions for an accurate understanding of this political and legal phenomenon. In addition, it emphasizes the view that amending the Information Security Doctrine is not enough to counterbalance the threat of IW. In a separate document it is necessary to recount all notions, requirements and methods for the government actions to bring about a gradual change in the situation, inter alia, developing sectoral (information security) legislation, training specialists in informational and psychological counter aggression, shaping public opinion through the government-run media, pursuing advocacy policy, etc.
|Meshcheryakova O.M. Transborder Crime in the European Union and the Fight Against It
The Article «Transborder Crime in the European Union and the fight against it» is devoted to the legal principles governing cooperation between Member States of the European Union in crime investigation. The author of the article proposes to get acquainted with Criminal Procedure of Victims of the Criminal Offences.
|Borodach M.V. Features of the Principle of Ensure Non-Discriminatory Interested Non-Owner Access to Public Property Objects
The paper contains the results of author’s analysis of constitutional fundamentals of the existence and implementation of the principle providing a nondiscriminatory access to the public property assets for the interested third parties. On the basis of legal dogmatic approach strengthened with methodologies of legal axiology and legal constructivism there are arguments represented in the paper, which make evident that this principle is being extracted from the relevant provisions of the Russian Constitution as well as having in fact its use in the framework of law-creation and law-execution activities. At the same time, the aforementioned principle yet has no its plain and consistent fixation in the texts of sub-constitutional normative acts. This is the reason of certain difficulties concerning the issue of regulatory meaning of the principle, which is being explored in the paper. Author makes general conclusion that the criterial indicator, which demonstrates whether a required balance of conditions, regulating an access to the public property assets for the interested third parties, is achieved, should be the good faith of legislative and law-executive decisions undertaken by governmental institutions in the framework of their public administration in the field of public property relations. However, in this context the absence of legal discrimination of the interested third parties should not necessarily imply that their economic inequality is inadmissible.
|Afanasyev A.A., Golovachev S.A. On Some Issues of Constitutional-Legal Regulation of Rural Life
In the article on the basis of scientific literature, social studies, law-enforcement practice are highlighted issues of legal regulation of rural life. Stresses the importance of the regulatory functions of the State based on law, proposes measures to its strengthening in achieving public policy objectives on sustainable integrated economic and social development of rural areas.
|Tomashevski K.L. Problems of Costitualization of Labour Legislation in Eurasian Economic Union Member-States
In the article with support on scientific ideas of scientists in area of constitutional and labour law a concept «constitualization of labour legislation» is analysed and determined. An author conducts the comparative analysis of both part of terminology of national legislation of states-members of the Eurasian economic union (in regard to categories a «labour legislation», «legislation, is about labour») and constitutional norms, relating to grow labour right, exposes between them common and special. On the basis of comparison of constitutional positions and norms of national legislation of Armenia, Belarus, Kazakhstan, Kyrgyzstan and Russia certain retreats are shown from constitutional and simultaneously universally recognized principles of international law in the field of labour as principles of prohibition of force labor, freedom of association, and also right on a strike.
|Eseva E.Yu. The Constitution and the Employers: the Principle of Equality Before the Law
The problem of the lack of the Basic Law of the RF the rights of employers in the workplace. Analyzes the current Russian legislation, in particular the provisions of the Labour Code of the RF and the provisions of the Code of Administrative Offences of the RF. There is debate about whether the constitutional rights of employers, in which the author comes to a positive conclusion based on the principle of equality before the law. In conclusion, given the necessary changes in labor and administrative law, as well as the Constitution.
|Firsova O.A. Practice Issues Attraction to Justice Under Article 13.11.1 Administrative Code
The article is devoted to some issues of bringing to administrative responsibility, in connection with the dissemination of information about vacancies or vacancies that contain discriminatory information.
|CRIMINAL LAW. CRIMINOLOGY|
|Tymoshenko Yu.A. Public Opinion and the Criminalization of Environmental Offenses
The article deals with the consideration of public opinion in the criminalization of environmental offenses, given the results of a questionnaire survey of the population to assess the status of environmental protection, the degree of public danger of the crimes of various groups, including environmental, concerns about their protection against illegal encroachments on the ecological safety. Attention is drawn to the fact that the results obtained can be used in solving the issue of criminalization of illegal encroachments on the environment.
|Vorobyev S.M. Danger Mental Abuse for Society and Man
This scientific article is devoted to the problems of the risk of causing psychological violence, it examines the relationship causing psychological violence with negative consequences for society and the individual. In addition, the article shows the typical physiological and psychological characteristics of fear of the advancing person as a result of criminal exposure to mental violence. The author based on the study of opinions of various scholars in this field comes to the conclusion about the necessity of legislative consolidation of the definition of psychological violence and offers, thus their definition of mental violence individual–social level and society-wide level. The paper used is modern, scientific and special methods of cognition: analysis, synthesis, historic-legal, structural-functional, normative, logical, complex.
|Merkushina S.I. Features of the Criminal Liability for Crimes in the Sphere of Entrepreneurial and Other Economic Activities
The article analyzes the explanations contained in the resolution of the Plenum of the Supreme Court on 15/11/2016 № 48 «On the practice of courts of legislation regulating particular criminal responsibility for crimes in the sphere of entrepreneurial and other economic activities».
|Lakekhin M.A. About Actual Problems of a Penalization of the Election Campaigns Existing at the Level of Legislative Activity on Violation of an Order of Financing, Campaigns of a Referendum: Scientific Way of Their Decision
The article examines the problems of implementation of the most important method of penal policy — penalization formed at the level of legislative activity in relation to the acts took place in violation of the order of funding election campaigns, referendum campaigns. It is proved that the ongoing criminal policy in this area is inconsistent. The causes of generation of this dissonance. In the final part are popular legislative innovations, which in the opinion of the author, can lead not only to overcome the identified systemic shortcomings, but also to the transparency of the whole of Russian contemporary criminal justice.
|CRIMINAL TRIAL AND CRIMINALISTICS|
|Tymoshenko A.A. Ensuring the Right to a Fair Trial Pre-Trial Stage Criminal Process
The article considers the problem of respect for the right to a fair trial at the pre-trial stage of the criminal process. It is proposed to take into account the secondary role of pre-trial activity, whose task is to prepare materials for trial. This competitiveness for the prosecution is not allowed. Analysis of the European Court of Human Rights indicates sufficient blurring boundaries that separate statement of the facts of the presence or absence of a violation of Art. 6 of the European Convention «On Protection of Human Rights and Fundamental Freedoms» (the right to a fair trial). But in any case the decision is motivated by the observance of guarantees of access to justice. Hence, any infringement of the possibility of judicial protection of those rights, the creation of obstacles for the court to deal with the incident in detail points to a violation of Art. 6 of the Convention.
|Khatuaeva V.V., Belousov I.V. Preliminary Estimation of Proofs and Making Intermediate Decisions with the Production by the Criminal Case in the Context of the Concept of the Asymmetry of the Rules of Provement
In the article questions of the estimation of proofs from the point of view of the balance between the interested sides of protection and charge are examined. Is revealed the mechanism of a study of proofs from the positions of their reference and permissibility by that by in connection with existing in the doctrine of the criminal process of the theory of the asymmetry of the rules of proof.
|Maslovskaya E.V. The Pecularities of Interaction of Experts with Investigative and Judicial Bodies (the Case of Forensic Experts and Assessors)
The paper presents the results of a sociological study. On the basis of Pierre Bourdieu’s sociological theory and its contemporary interpretations the article considers the process of interaction between the juridical and scientific fields. The peculiarities of participation of experts in procedural activities are analyzed in the case of medical experts and assessors. The results of the study confirm the tendency towards juridical professionalization of these groups of legal experts. It has been revealed that asymmetry of power relations within the juridical field forces the experts to work out a set of tactics ensuring legal protection of their professional position. The paper singles out the repertoire of tactical moves which are used by the experts in their interaction with investigative and judicial bodies.
|Kenenbayev E.A. An Admission of Guilt and Compensation as Conditions for the Application of Accelerated (reduced) Pre-Trial Proceedings in Criminal Cases in Russian and Kazakhstan Process
The article considers the controversial issues arising in the criminal process of Russia and Kazakhstan related to the definition of «plea» and «agreement with the prosecution», as well as damages to the victim in accelerated (fast) pre-trial proceedings.
|Glushkov M.R. About the Evidentiary Value of Video Recordings of Investigative Actions
Carrier of a video, made in the course of investigative actions, is an application to the report and, as a result, the video is devoid of evidentiary value. It also can’t be considered as evidence on grounds other document. The same applies to other means of fixing of a course and results of investigative actions, photographing, mapping, etc. Assuming this situation as abnormal, the author offers to reform the criminal procedure law. It can bring about some potential practical difficulty. So, the procedural status of the applications to the report is unclear (or rather, unusual). Especially it concerns to the electronic carriers of information, in particular contains large amounts of such information. The consequence of the proposed procedural novels, it would seem, will be the fact that all of this information immediately acquire the status of evidence. But it is not always justified. The article proposes to consider the situation by analogy with seizures of documents.
|Romanenko N.V. The Question on Excitation of Criminal Cases Against Judges
The subject of research are the legal provisions governing the institution of criminal proceedings against a judge or bringing him in as a defendant, as well as their practical implementation. In the study we used systematic methods of analysis, generalization of legislation, research papers, statistical, sampling method. Analysis of the practice revealed a number of problems in the application of complicated procedure brought against a judge of the criminal case (bringing him in as a defendant), in which the excitation of procedure of the criminal case against a judge needs a major adjustment in the way of closer relationship guarding the status of a judge of the constitutional norms and the criminal procedural rules guaranteeing protection of the rights of victims of crimes committed by them.
|Belyayev R.V. Determination of Lawful Essence and Subject Composition of Agreement About the Collaboration
In the article are examined the problems of the determination of lawful essence and subject composition of agreement about the collaboration through the prism of the analysis of the definition, which is contained in criminal law. Are compared private-right and criminal procedure approaches to the content of conciliatory procedures, and also their subject composition, contradictions in the terminology, utilized in the acting criminal procedure legislation are revealed and they are proposed to the way of their elimination.
|Manova N.S., Rygalova K.A. The Nature and Problems of Realization of Functions of Prosecutor’s Supervision in Pre-trial Proceedings
The article is devoted to questions about the content of normative regulation and practice of implementation of the functions of prosecutor supervision over the procedural activities of the investigator and of the inquirer. The authors consider a discussion point of view on the question of concept and essence of prosecutorial supervision in criminal proceedings; analyze changes in the procedural position of the prosecutor, and their impact on the practice of the prosecutor and supervisory authority.
|Ergashev E.R Discussion on the Concept, Features, Properties Public Prosecutor’s Response
The article investigates the legal nature of acts of prosecutorial response to the identified violations of the law, their concept, characteristics and properties.
|Bazhanov S.V. The Potential of Prosecutor’s Supervision in Pre-Trial Stages of the Criminal Process
In this paper, in the context of the theory of separation of powers considered the political and procedural legal issues related to the Procurator’s Office and the judicial control of the criminal procedure activity of bodies of inquiry and preliminary investigation.
|Belotserkovsky S.D. The Fight Against Organized Forms of Crime in the Russian Centralized State
The article presents the results of the study of medieval domestic legislation in the aspect of organized crime. Shows awareness of domestic medieval legislator of the specificity of organized crime and necessary, so creating to fight it as a specialized Agency and specialized legislation. The analysis of its dynamics and of the basic provisions.
|Lazareva V.A. Implementation of the Concept Juvenile Justice in the Production of Juvenile in the Russian Federation (L.A. Shestakova. Monograph. M.: Yurlitinform, 2016)
The article is the review of the monograph of L.A. Shestakova «Implementation of juvenile justice concepts in the production of juvenile in the Russian Federation». The normative model of juvenile justice in the Russian Federation in the book suggested.