Annotations №6 / 2010

PUBLIC ISSUES AND POLITICAL SCIENCE

Cross-Cultural interaction in political legal sphere: history, theory, modernity (scientific conference review)

A review of scientific conference held by theory of state and law and history of state and law chambers of USLA in June, 2010 devoted to political and legal process research in 3 basic directions: theoretical metrological, historical-juridical and application-oriented.

Key words: history, theory, modernity, interaction, culture

Konovalova L. G. (Barnaul) Immunity of deputy of state authority legislative (representative) body of the subject of the RF

The article is dedicated to the issue of immunity of parliamentary deputy of constituent entity of the Russian Federation. The author differentiates such concepts as «immunity», «non-accountability», «privilege», «witness privilege» of a deputy; gives a detailed analysis of the legislation and law enforcement practice in regards to these institutions at the level of constituent entities of the Russian Federation.

Key words: deputy, immunity, privilege, parliament

Shushpanov B. U. (Nizhnij Tagil) About changes of the Russian legislation in the sphere of geographical objects’ names

The comment of amendments and additions brought to the federal law «About names of geographical objects» is presented. The positive sides of the brought changes are noted and also norms kept ambiguity are revealed at their interpretation.

Key words: Federal law «About names of geographical objects», amendments and additions, geographical objects, kinds of geographical objects, names of geographical objects

THEORY OF LAW AND STATE

Levina S. V. (Tambov) Educational function of law and legal culture: subject and forms of coexistence

The contents of educational function of law and legal culture are reflected in this article, they are compared and their correlation is analyzed. The major elements of their synthesis are remarked as essential means of organization and stimulation of civil society’s positive social development.

Key words: law, educational function of law, legal culture, legal education, civil society

COMPARATIVE JURISPRUDENCE

Savitskiy P. I. (Yekaterinburg) About new amendments to Constitution of Belgium

Detailed analysis of amendments to Constitution of Belgium made in the last 20 years is presented in the article.

Key words: amendments, Constitution, Belgium, rights

Akparova R. N. (Kazakhstan, Astana) Some aspects of realization of international agreements about legal help in criminal cases of the international and Kazakhstan’s criminal process

The author raises the questions of realization of international agreements’ norms in the Republic of Kazakhstan in providing legal help for criminal cases in practical activity of law-enforcement organs of Kazakhstan. Also author proposes changes and additions to penal procedure legislation of the Republic of Kazakhstan.

Key words: international agreement, legal help, criminal cases, Republic of Kazakhstan

Sheripov N. T. (Kyrgyzstan, Bishkek) Competitive procedures in public service of the Kirghiz Republic: organizational and legal problems

In the article organizational and legal problems of competitive procedures in public service of the Kirghiz Republic are considered. As a result of the complex analysis a number of organizational and legal measures on elimination of problems of competitive procedures arising at their organization are offered.

Keywords: public service, civil servants, public service passage, legal and organizational problems

INTERNATIONAL LAW

Kurashvili A. Yu. (Saint-Petersburg) Full powers and the stages of international treaties conclusion

Article is devoted to theoretical and practical definition of stages of international treaties conclusion. The author also considers the problem of full powers delegation for the conclusion of international treaties. The comparative analysis of the Russian norms and the rules of the Vienna Convention on the Law of Treaties is carried out.

Key words: Vienna Convention, stages of the treaties conclusion, full powers, international treaties

HUMAN RIGHTS

Gimgina M. Ye. (Yekaterinburg) Problems of constitutional regulation of freedom of thought, conscience and religion and freedom of expression of opinion in European region countries

The article is devoted to constitutional regulation of rights being one of the basis of democratic society being. The author thoroughly analyses the limits of such a freedoms established in European countries’ constitutions.

Key words: constitutional guarantees, freedom of thought, conscience and religion, freedom of expression of opinion

LOCAL SELF-GOVERNMENT AND MUNICIPAL LAW

Novikov A. A. (Moscow) About some peculiarities of local self-government organization in CATE

The author analyzing legislation about CATE discloses the peculiarities of territorial organization and local self-government apparatus organization in municipal entities CATE.

Key words: CATE, local self-government, city okrug, special regime, bordersof CATE

QUESTIONS OF INVESTIGATION AND OPERATIVE RESEARCH ACTIVITY

Romanova Ye. S. (Moscow) On the notion of criminalistics maintenance of investigation of crimes

The notion of criminalistics maintenance of investigation of crimes is considered. Various approaches of scientists-criminalists from the beginning of introduction to the given category in a scientific turnover till the present time are analyzed. Conclusions about the concept of criminalistics maintenance of investigation of crimes are made and author's definition is offered.

Key words: criminalistics maintenance, investigation of crimes

CRIMINAL LAW AND PROCEDURE

Vinokurov V. N. (Krasnoyarsk) Person in a system of public relations as an object of criminal legal defence and criteria of special part of CC of the RF construction

The problems of the person recognition as an object of a crime are considered. The author believes that when the person is analyzed as an object of a crime he is considered as an object of criminal-legal defence. Besides this only the person in the system of public relations should be acknowledged as an object the criminal-legal defence.

Key words: object of the crime, person, public relations, harm, encroachment, murder, categorization, consequences

Alekseev S. V. (Samara) The structure of subjective signs of the group crime

Nowadays in the criminal law doctrine it is accepted to allocate the deliberate form of fault and compatibility of intention of criminals as subjective signs of a group crime. The author undertakes an attempt of studying an alternative approach to the characteristic of subjective signs of a group crime. The author considers scientifically expedient to qualify a crime as group at the careless form of fault and also a crime in which the relation of criminals to act is deliberate and the relation to consequences is careless.

Key words: element, structure, fault, group, prompting, antisocial, accomplice

Davletov A. A., Kravchuk L. A. (Yekaterinburg) The stage of initiation of a criminal case – a compulsory stage of modern native criminal process

In the article the part and the place of the stage of initiation of a criminal case in the native criminal procedure are defined. The question of admissibility of search activities on the initial stage of the criminal procedure is considered.

Key words: stage of initiation of a criminal case, search and adversary model of the criminal procedure, search activities, enforcement measures, verification activities

Karimov T. U. (Tyumen) The range of necessary defence objects and the need of criteria of limits definition differentiation (problem arrangement)

The structure and extended interpretation of the article 37 of the Criminal Code of the RF connected with objects and legal limits of necessary defence in practice lead to trial and investigation mistakes and as a result to restriction of legal rights of the person defending from socially dangerous acts. Legitimation of objects and differentiation of legal limits of necessary defence will decrease trial and investigation mistakes and increase efficacy of consummation of person’s legal rights of defence from socially dangerous acts.

Key words: objects of necessary defense; legal limits of necessary defense

CIVIL LAW AND PROCEDURE

Vabyschevich S. S. (Belarus, Minsk) System of the modern civil law subject (on the example of the Russian Federation and Republic Belarus)

In the article the public relations making a subject of civil-law regulation are considered. The special attention is given to non-property relations and their various kinds. The conclusion about the general character of the formulation of article 2 of the Civil code of the Russian Federation which does not consider all possible variants of the relations falling under action of norms of civil law is proved.

Key words: civil law, a regulation subject, statute relations, property relations, non-property relations

Kaiser J. V. (Omsk) The stages of judicial probation in civil and arbitration process

The article is devoted to the question of judicial probation. It is subdivided in certain stages. The author puts forward theoretical representation of judicial probation as sets of stages, without each of which it is not possible to establish objectively the actual circumstances of business and to solve correctly the arisen conflict between the participants of civil and other legal relations.

Key words: the proofs, probation, stages judicial proofs, elements of judicial probation

LABOUR, EMPLOYMENT AND SOCIAL LAW

Guseva T. S. (Penza) The structure and the main tendencies of the development of Russian relief’s legislation

The article is devoted to investigation contemporary relief’s legislation of the Russian Federation. The author finds out its structure and the tendencies of development of federal and regional relief’s legislation.

Key words: legislation, social security, social insurance, social payments, relief

Raudshtein A. V. (Yekaterinburg) Information relations in work sphere: concept and the characteristic

Article is devoted a place of information relations in system of the relations labour and directly connected with them. The author the definition of concept of information relations in sphere of work is offered and the characteristic of principal views of the relations connected with the information in sphere of work is resulted.

Key words: concept of information relations of work sphere, a role of information relations of the labour law, an information exchange

ECONOMICS AND LAW

Kozlova T. S. (Moscow) Grounds for carrier’s responsibility for damages to passengers’ life and health in the course of international air transportation

This article purports to highlight the key features of carrier’s financial responsibility for damages to passengers’ life and health

Key words: carrier’s responsibility, international air transportation, damages

Shadrina A. A. (Yekaterinburg) Legal regulation of the return of the «ecological productions» in the Russian legislation

The article is devoted to the ecological productions. The author in detail analyzes ecological properties of the productions, criteria of ascription production to ecological, the question of ecological certification.

Key words: ecological productions, ecological safety productions, best actuality technology, criteria of ecological compatibility, ecological norm, certification

Ermokinskiy N. P. (Belarus, Minsk) Formation and development of legislation on protection and use of wildlife of Belarus at the times of Great Duchy of Lithuania, Russian and Zhemojtskij, Russian Empire and the Soviet period

The article deals with investigation of peculiarities of formation and development of faunistic legal relationship on the territory of Belarus at times when nature management was not legally regulated (Kyiv Russ, Great Duchy of Lithuania, Russian Empire times and the Soviet period).

Key words: hunt, apiculture, faunistic law, The Red Book

SPECIAL CASES

Juridical notion of «unimportance» category of administrative delict

Analysis of law-enforcement practice on unimportance of administrative delicts is made. The use of «unimportance» category is estimated as a corruption-lead factor badly influencing on delict qualification and unfounded prescription of or exemption from an administrative penalty.

Key words: administrative delict, unimportance, juridical notion, corruption-lead factor

PAGES OF HISTORY

Drapkin L. Ya (Yekaterinburg) Pages from investigators diary

This is the sixth part of autobiographical essay of one the prominent criminalist of modern Russia – professor L. Ya. Drapkin.

Key words: criminalist, investigator, criminalistics, versions, prominent

Glinnikova S. V. (Moscow) N. V. Muraviev and I. G. Scheglovitov about jury trial

The article describes the Russian Ministers of Justice N. V. Muraviev and I. G. Scheglovitov as devoted adherents of jury trial. This is the analysis based on the articles they published through the Russian Law reviews during the late 19th through the beginning of 20th centuries.

Key words: N. V. Muraviev, I. G. Scheglovitov, jury trial, the Russian Law reviews, criminal proceedings

Belkovets L. P. (Novosibirsk) The acquisition of the Soviet citizenship by foreigners (1920–1930)

The article is devoted to the history of the Russian Law in the field of citizenship. The author analyses the legislature of 1920-1930s, the system of adoption of foreigners in the Soviet citizenship and the difference from the foreign systems. In the base of this system were equal rules for the «working» foreigners in all spheres of the juridical regulation.

Key words: the Russian law, citizenship, acquisition, foreigners