Administrative and municipal law - rubric Administrative law, municipal law and other branches of law

Abstract: The authors of the article analyze criminal law features of a subject of illegal obtainment and disclosure of data that comprise commercial, tax and banking secrecy in industrial sector. As a result of the research the authors discover that approaches of the Russian legislator to the definition of a subject of the aforesaid crime fully correspond to the approach used by the majority of foreign states. In the course of the analysis of foreign criminal law the authors emphasize that the tendency of establishing criminal corporate liability is not typical for all foreign states. However, a number of countries set legal responsibility for industrial intelligence, in particular, the USA and China. In their research the authors have used traditional research methodology that is based on the dialectical approach using comparative and formal law method. Based on their research, the authors conclude that the legislator should pay more attention to the specification of a list of special crime subjects set forgh by Part 2 of Article 183 of the Criminal Code of the Russian Federation committed in industrial sector depending on the subject matter of the crime. The authors suggest that there should be changes in the regulation of the responsibility of foreign officials for commercial, tax and banking secrecy by the state a foreign official is a citizen of because the aforesaid crime has got both reputational risks for the state and causes damage for the state power because a liable person uses his or her official status for his or her own benefit.

Keywords: bank secrets, subject of crime, criminal law, foreign official, responsibility, official, industrial espionage, tax secrets, trade secrets, public danger

DOI: 10.7256/2454-0595.2017.8.24009

Abstract: The present article studies the theory and practice of legal responsibility of the state for the damage done by law enforcement and judicial authorities. The research object is the scope of civil, administrative and procedural relations, connected with responsibility for the damage done by judicial and law enforcement authorities. The research subject is the regulations of Russian legislation on delictual responsibility and law enforcement practice of courts of general jurisdiction of consideration of disputes over compensation of damage done by law enforcement and judicial authorities. The author uses general scientific and specific methods of cognition; the comparative-legal method is used for the analysis of the new and the old legal norms. The formal-legal method is also used. The analysis of law-enforcement practice of courts, which impose responsibility on the state for the actions of law-enforcement authorities, reveals not only the criteria and peculiarities of this form of responsibility, but also the tendencies of the legal policy of the state, its consistency in respect of its own responsibility to private individuals for the actions of its officials. The ability of the state to take the responsibility for the condition of justice, struggle against crime and protection of property rights can also be assessed as excellent from the position of the principles of legal regulation and the practice of using the institution of responsibility of the acts of the authorities.

Keywords: law enforcement practice, act of court, act of law enforcement authorities , delict, responsibility, damage , compensation of damage, misconduct, inaction, right to rehabilitation

DOI: 10.7256/2454-0595.2021.6.37330

Abstract: This article examines the problem of correlation between the guarantees of freedom of expression and press freedom and the ban on dissemination of deliberately misleading information, established by the Part 10.1 of the Article 13.15 of the Code of Administrative Offenses of the Russian Federation. Based on the use of relevant general scientific and special legal methods, the author reveals the peculiarities of administrative responsibility for the dissemination of deliberately misleading information, as well as determines the problematic aspects of the current legal regulation. Analysis is conducted on the composition and elements of an administrative offense set by the Part 10.1 of the Article 13.15 of the Code of Administrative Offenses of the Russian Federation. For establishing correlation between the guarantees of freedom of expression and press freedom and the ban on dissemination of deliberately misleading information, relying on the theoretical material and practice of application of the norms of the Administrative Code of the Russian Federation, the author covers the aspects of formulation of the categorical apparatus of the indicated norm, proportionality of the specified administrative responsibility and difficulties of proving the guilt of the offender. The scientific novelty consists in the fact that this topic has not previously become the subject of separate research. The author formulates the provisions, according to which the current version of the Administrative Code of the Russian Federation with regards to the norm set by the Part 10.1 of the Article 13.15 allows for extensive interpretation of information prohibited for dissemination, and makes it virtually impossible to prove the falsity of disseminated information. The conclusion is made that the application of the norm set by the Part 10.1 of the Article 13.15 of the Code of Administrative Offenses of the Russian Federation may entail the restriction of guarantees of the freedom of expression and press freedom.

Keywords: Administrative Code of the Russian Federation, legal guarantees, freedom of the media, freedom of speech, obviously unreliable information, administrative responsibility, proportionality of sanctions, problems of proof, malicious information, false information

DOI: 10.7256/2454-0595.2019.2.29018

Abstract: The object of the research is the civil status of peasant (farm) households, both legal entities and associations of citizens who are not registered as legal entities. The subject of the research is the civil relations connected with the organization and activity of a peasant (farm) household. Currently in Russia there are only approximate objective data on the number of peasant farms and property of household memers, etc., without which it is extremely difficult to determine the necessary nature and extent of state and legal impact on the existing relations. There is a number of obvious problems in the legal regulation of the status of peasant farms. The methodology of the proposed research is mostly formal law which allows reveal the content of legal concepts determining their characteristics, classifying them, interpreting the meaning of regulatory prescriptions, etc. The significance of this research is caused by the fact that the task of import substitution set for the economy of the Russian Federation is associated not only with the introduction of new high-tech productions but also with the expansion of already existing, first of all, productions ensuring food security. The implementation of the policy of import substitution led to a rapid growth in production in peasant farms while experts expect a multiple increase in the number of farms which will require to eliminate many gaps and conflicts of their legal regulation.

Keywords: legal form, farm members, legal entity, entrepreneur, legislator, capacity, the status of the entrepreneur, legal regulation, peasant farms, the property of household members

DOI: 10.7256/2454-0595.2020.3.32749

Abstract: The selected topic is of utmost relevance for Russian legal science, since separation of disciplinary law as an independent branch represents an objective process that requires detailed scientific attention. The author determines possible criteria for sectorization of disciplinary law. The work also explores the current problematic questions of the order of calling to disciplinary account that can be resolved by corresponding changes in its normative legal regulation. An attempt is made to not only substantiate the criteria for sectorization of the disciplinary law, but also outline further prospects of development of this topic, which can be used by all researchers engaged in this field. The author substantiates the possibility of separation of the branch disciplinary law if certain conditions are maintained that would contribute to solution of theoretical and practical tasks. Along with the project of the structure of the Disciplinary Code of the Russian Federation, the main result of this research consists in outlining specific vectors for theoretical and applied research, which must be conducted for qualitative substantiation of the content of the codified legislative act.

Keywords: structure of disciplinary law, disciplinary process, disciplinary responsibility, brunching of law, criteria of brunching of law, legal regulation, disciplinary law, disciplinary code, discretion, corruption

Abstract: The article studies the legal and organizational problems of anti-extremism measures. The author of the article also considers the problems of implementation of measures of criminal responsibility for crimes of the ‘extremist’s orientation’ and makes certain suggestions on how to improve the existing legislation in the sphere of responsibility for extremism.

Keywords: extremism, countermeasure, danger, punishment, responsibility, crime, vandalism, organized, group, terrorism.

Abstract: The article contains a brief history of formation and development of international organizations, their rights and responsibilities as well as detailed description of certain types of international organizations and their legal acts.

Keywords: international organizations, functions, powers, international system, international authorities, international law subject, committee, arbitrage, international conferences.

Abstract: The article is devoted to the peculiarities of law concerning transplantation in the Ukraine as well as the problem of legal treatment of activity performed by persons who violated the relevant rules of transplantation of organs and tissues.

Keywords: transplantation of organs and tissues, donorship, crime, transplantation rules, criminal law, medical activity.

Abstract: The purpose of the article is to describe different conditions of implementation of criminal laws as well as its efficiency in this age and day. The topic of the article is the aspects of criminal influence on the right holders from the point of view of efficiency and achievement of a positive result in social environment.

Keywords: studies of law, crime, security, defense, act, law, legal consciousness, state institution, punishment, invasion.

Abstract: The article is devoted to the process of evolution of the term ‘sustainable development’ and provides a brief description of functions and activities of international agencies in the sphere of sustainable development.

Keywords: Committee on the Environment and Development, sustainable development, World Conservation Strategy, Agenda for XXI Century, UNO Forest Forum.

Abstract: The article is devoted to topical issues related to qualification features of crime in the sphere of currency operations established by the Article 193 of the Criminal Code of the Russian Federation.

Keywords: studies of law, currency operations, continuing crimes, object and subject of crime, objective and subjective sides of crime, methods of crime, topical issues, qualification features, entrepreneurship activity, export and import relations.

Abstract: The issues raised in the article relate to certain aspects of realization of a very -important function of criminal proceedings — provision and protection of property rights and legal entities of victims. In particular, the author describes subjective and objective factors hindering from full compensation of property damage and provides their classification. The author also makes certain examples of gaps in legal regulation due to which it is not always possible to timely define property and financial resources out of which the compensation an be made. The author also studies the problem of protection of victims’ rights related to compensation for material damage at the stage of pre-trial investigation and makes certain suggestions on how to improve the above mentioned institution of criminal proceedings. For example, the author raises a question about the need in legal enforcement of the right of law enforcement officials to receive certain bonus for actually compensated criminal damage. The author studies the experience of foreign states which have created state and social funds for compensation of damage to life and health of citizens. Based on the author, we can use their experience for similar purposes in Russia.

Keywords: criminal trial, crime, property damage, pre-trial investigation, seizure of property, compensation, physical entity, restoration, provision, observation.

Abstract: The article is devoted to the questions of participation of a juvenile crime defender in the court procedure on juvenile crime in Russia and Armenia. Considering peculiarities of a legal status of the accused and suspect in such affairs, the author believes it is important to provide them with a suitable legal assistance. The article also discuses certain issues related to defending tactics.

Keywords: defender, advocate, defense, process, procedure, enforcement, the suspect, the accused, under-age, teacher

Abstract: the article studies the legal and organizational grounds for prevention of crime by administrative law measures. The authors of the article show the role and meaning of relevant legal measures. Based on the study f means of administrative law, the authors make conclusions about improvement of administrative law.

Keywords: crime, violation of law, crime rate, prevention, delict, potential, warning, mean, countermeasure, qualification.

Abstract: The article is devoted to the social danger of certain types of weapon. It is suggested that certain weapons should be released of criminal responsibility.

Keywords: studies of law, danger, responsibility, weapon, cold, pneumatic, gas, expertise, inspection, qualification.

Abstract: The author of the article studies one of dangerous social forms of aggression — home violence as well as particular drivers of arguments between spouses, personal traits of a person committing home violence and which actions can be actually recognized as home violence.

Keywords: home violence, conflicts in family life, woman — victim, sexual crime, victimization factors, commitment of crime.

DOI: 10.7256/2454-0595.2015.1.13250

DOI: 10.7256/2454-0595.2015.1.66040

Abstract: The article is devoted to the study of extremist motives as a constructive feature of the offences against the person. The authors suggest enhancement of the legislation and qualification of these offences. There is no common approach in the juridical practice to understanding of terms “hostility” and “hatred”, though the authors note that these terms are used in Russian legislation as synonyms. “Hostility” is usually defined in the Russian language as relationships and actions full of aversion, hatred – the filling of a strong hostility, anger. The authors prove that the notion “hostility” is broader that the notion “hatred” and includes some other feelings. In their research work the authors used the complex of the general scientific and special methods of social and legal reality cognition. The methodological base includes the dialectic method with its distinctive requirements of objectivity, universality, historicity, objectivity of truth. Among the general scientific methods the authors used the methods of analysis, synthesis, comparison, and measurement. As a special scientific method the authors used the comparative legal method. The originality of the research is based on the attempt to reveal the essence of the notion “social group”, the absence of which complicates law-enforcement and impedes practice unification. A high social danger of homicide motivated by hostility or hatred for a social group occurs only if a social group which a victim belongs to is united by national, racial or religious features.

Keywords: extremism, terrorism, prevention, combating, violence, law, Criminal Code of the Russian Federation, punishment, influence, coercion.

DOI: 10.7256/2454-0595.2016.3.18269

Abstract: The article studies the concept of information, and information support for anti-trafficking in persons. The author concludes that:1) Information in the sphere of domestic affairs includes the collected, processed, and analyzed statistical, operational, and other data characterizing operational environment, increasing the level of uncertainty, and considered to be useful for making a decision promoting the implementation of particular tasks.2) Information support for anti-trafficking in persons is a specific form of activity aimed at creating the system of sources of information, specifying its field of application, time period, direction, and method of evaluating its relevance, validity, sufficiency, and timeliness, in order to use it for the effective solution of the tasks of revelation, prevention, and detection of crimes connected with trafficking in persons. The author applies the dialectical method of cognition, the scientific analysis, the analysis of documents, the technical and sociological methods. The author concludes that the drawbacks of information support can be considered among the reasons for increase in crime in general and trafficking in persons in particular. The author proposes her own understanding of the concept of information and information support, which reflects the specificity of anti-trafficking in persons.

Keywords: operational environment, information, evaluation of information, information support, anti-trafficking in persons, investigative activities, internal affairs bodies, System of sources of information, information requirements, operative information

DOI: 10.7256/2454-0595.2016.3.67524

DOI: 10.7256/2454-0595.2013.3.62444

Abstract: The article is devoted to the issues of improvement of the procedure and conditions of imprisonment in Russia from the point of view of the Development Conception of Criminal Executive System of the Russian Federation by 2020 and imprisonment in modern Norway.

Keywords: freedom, human, experience, Norway, sentence, violation, prisoner, suspect, accused, convict, arrested.

DOI: 10.7256/2454-0595.2014.5.11932

DOI: 10.7256/2454-0595.2014.5.64246

Abstract: The article concerns topical problems of criminal influence of the sphere of activities of modern advocates. The position of an author includes evaluation of the complex of criminologically valuable circumstances of poly-disciplinary legal character, which serve as prerequisites for the criminalization of advocacy. They include deformation of legal conscience and legal nihilism of the defense lawyers, influence of the criminal sub-culture, defects of legal regulation. Provisions of legal services by an advocate does not fall within the scope of entrepreneurial activities, which are aimed at gaining income and making profit. The provision of para. 2 of Art. 1 of the Federal Law of May 31, 2002 N. 62-FZ (ed. of July 2, 2013) “On advocate activities and advocacy in the Russian Federation” according to which advocacy is not entrepreneurial activity sounds quite clear on this issue. In spite of the above, it should be noted that advocates have special status of self-employed subjects providing non-commercial activities via remunerated contracts for legal services. The methodological basis for the scientific article was formed by the current achievements of the theory of cognition. In the process of studies the author used general philosophical, theoretical and empiric methods (dialectics, systemic method, analysis, synthesis, analogy, deduction, observation, modeling), traditional legal methods ( formal logic method), and methods typical for specific sociological studies (statistical, expert evaluation, etc.). While studying organizational and legal determining factors for appearance and development of services, the author offers to refer to the position of the renowned representative community of advocates E. Semenyako, who provides the following statement: “we are practically the only country in Europe, where individual entrepreneurs and persons having no legal education are competent to provide legal aid, along with the advocates. As a result while advocates are responsible for the results of their work and gain their status as a result of qualification exams, there are persons, who practice law and state that they “solve any problems starting from avoiding army drafting to termination of criminal cases and early release from prison term”. Such advertisements do not seem to alert anyone, while this may serve as an obvious proof of absence of any order in this sphere, requiring a reform in this sphere.

Keywords: advocate, advocacy, defense, defense lawyer, method, rights, criminal, criminalization, society, raider.

DOI: 10.7256/2454-0595.2014.5.11922

DOI: 10.7256/2454-0595.2014.5.64247

Abstract: The road traffic security is guaranteed by the compliance with the road traffic rules and by the administrative and criminal responsibility for the violations of the above-mentioned rules. The violations of road traffic rules cause high probability of accidents in the process of use of vehicle. There is need for correct qualification of road traffic offences and offences in the sphere of exploitation of transportation vehicles depending on object and circumstances of the offence in question. Most of the road accidents take place in the situations, when the road traffic security regulations are violated, while it is not always the case that certain mistakes become part of an offence, while causing certain consequences. The methodological basis for the scientific article was formed by the current achievements of the theory of cognition. In the process of studies the author used general philosophical, theoretical and empiric methods (dialectics, systemic method, analysis, synthesis, analogy, deduction, observation, modeling), traditional legal methods ( formal logic method), and methods typical for specific sociological studies (statistical, expert evaluation, etc.). Art. 2 of the Constitution of the Russian Federation states that individual, his rights and freedoms are of supreme value, and recognition, compliance and protection of basic rights and freedoms are obligations of the state. That is why guaranteeing security of road traffic should serve as means for the protection of life and health of persons, as well as preservation of material values, since traffic accidents cause significant harm to persons, society and state as a whole.

Keywords: transportation vehicles, crime, object of crime, immediate object of crime, subject of crime, objective elements, road traffic regulations, subjective elements, security road traffic, exploitation of transportation vehicles.

DOI: 10.7256/2454-0595.2014.5.11733

DOI: 10.7256/2454-0595.2014.5.64248

Abstract: The article provides analysis of juvenile crime within the general system of crime. It is noted that the juvenile crimes has a number of specific features, and they are mostly reflected in the causal complex and motivation for the criminal behavior, influencing its level and tendencies of development. The author provides her own definition of juvenile crime. It is also noted in the article that in the conditions of social, economic and political instability the children are left unprotected. The children more than any other category have felt the downside of democratic and economic changes. The said problems along with some other problems influenced almost all of the families with modest income of parents, as well as the single parent families. Mass alcoholization, narcotic abuse problem among the grown-up and systemic unemployment left the children without normal responsible parents and caring families. The methodological basis for the scientific article was formed by the current achievements of the theory of cognition. In the process of studies the author used general philosophical, theoretical and empiric methods (dialectics, systemic method, analysis, synthesis, analogy, deduction, observation, modeling), traditional legal methods ( formal logic method), and methods typical for specific sociological studies (statistical, expert evaluation, etc.). Due to the specific features of forming psyche, age specificities and lack of social guarantees the juvenile persons easily take up negative traits from their surroundings, which makes this category of persons criminal. Currently one third of crimes against property committed in the streets and other public places involves juvenile offenders. Currently one may also speak of organized juvenile crime, sustained criminal groups. One should also recognize that the number of children starting consumption of alcohol at the very young age (nearly 6-7 y.o.) is growing, the drug addiction and prostitution rate among the juveniles are also growing, and the number of administrative offences committed by juveniles is counted by the hundred thousand.

Keywords: juveniles, delict capacity, crime, prophylactics, police, determining factors, possibility, form, method, children. ADMINISTRATIVE AND MUNICIPAL LAW AND THE PROPERTY LAW

DOI: 10.7256/2454-0595.2016.5.17186

Abstract: The authors consider the problem of necessity to strengthen the institution of marriage and family. The authors analyze legal provisions related to the institution of divorcing, and define the measures which help to overcome negative tendencies in the sphere of marriage and family. The authors study the Russian legislation of different periods of its development concerning the institution of maternity and childhood protection and the institution of divorcing. In the authors’ opinion, it is necessary to apply the mediation procedure throughout Russia. The research methodology comprises the set of general and special scientific methods including system-structural, synthesis, analysis, technical, logical, and comparative-legal. For the purpose of maternity and childhood protection, the authors offer to prolong the term restricting the right of the spouse to make a demand for dissolution of marriage without the consent of another spouse; to increase the number of subjects and organizations involved in the mediation procedure (with or without mediators) in particular regions of the country.

Keywords: conciliation period, spouses , restriction of right, divorcing , childhood, mediator, mediation procedure, marriage, maternity, family

DOI: 10.7256/2454-0595.2016.5.67707

Keywords: conciliation period, spouses, restriction of right, divorcing, childhood, mediator, mediation procedure, marriage, maternity, family

DOI: 10.7256/2454-0595.2013.5.62705

Abstract: The article concerns theoretical an legal issues regarding procedural competence of a prosecutor in the sphere of guarantees of the adversarial principle among the parties at the pre-trial stages of criminal judicial procedure, as well as in the sphere of guarantees of protection of individuals from the unlawful and ungrounded accusation and conviction, limitation of human rights and freedoms. The author also studies the issues of procedural form of decision of the prosecutor to exclude inadmissible evidence from the basis of accusation.

Keywords: prosecutor, supervision, principle, criminal, judicial procedure, adversarial character, stage, protection, personality, accusation, freedom, limitation, evidence.

DOI: 10.7256/2454-0595.2016.6.17333

Abstract: The paper studies labor relations of persons with disabilities. In the context of formation of the information society in Russia, the author suggests developing distance labor relations of persons with disabilities. Based on the analysis of the provisions of labor law related to distance work and the legislation regulating the issues of labor of persons with disabilities, the author offers the measures aimed at regulating distance labor relations of persons with disabilities in the context of the information society formation. The research methodology is based on the recent achievements in epistemology. The author applies theoretical and general philosophical methods (dialectics, the systems method, analysis, synthesis, analogy, deduction, observation and modeling) and traditional legal methods. The paper enumerates the measures aimed at the regulation of distance labor relationship of persons with disabilities. The author offers amending the Labor Code of the Russian Federation and the Law “On social protection of persons with disabilities in the Russian Federation” with the provisions regulating social issues of labor of remote employees – persons with disabilities, and changing the recommended list of professions for persons with disabilities.

Keywords: work place, labor conditions, alternative technologies, remote employees, information society , development concept, disabilities, distance work, labor relations, informatization

DOI: 10.7256/2454-0595.2016.6.67908

Keywords: work place, labor conditions, alternative technologies, remote employees, information society, development concept, disabilities, distance work, labor relations, informatization

DOI: 10.7256/2454-0595.2013.7.62979

Abstract: The author offers to evaluate the possibilities for fighting drug crime in the modern Russia at the macro-level, which can be shown in a typological characteristics of a large region — such as Voronezhsky region. He notes the deficit of implementation of means of prevention of drug crimes within the framework of global approaches in fighting the drug challenge. He also provides the grounds for the analysis of the criminologically valuable information (socio-economic, demographic, etc.), which he offers to view from the standpoint of uncovering the determination processes of spreading drug crime and its reaction to the measures taken. He provides brief analysis of criminal statistics, showing the criminal patterns in the sphere of illegal turnover of narcotic drugs and reaction to its practices.

Keywords: illegal turnover of narcotics, drug business, regional studies, drug crime, anti-narcotic strategy, criminological data, criminal statistics

DOI: 10.7256/2454-0595.2014.8.12642

DOI: 10.7256/2454-0595.2014.8.65279

Abstract: In this article the author studies theoretical issues regarding organizational legal means of defining the limitation of proof in criminal cases regarding ethnic crimes, as well as some problems of correlation and interrelation between these limitation and the object of proof in the cases within this category. It is noted in the article that preliminary investigation on criminal cases on ethnic crimes, especially if such crimes are committed by an organized group of persons, or if they are characterized with a number of illegal acts always involves some difficulties in part of organization, collection and investigation of procedural evidence. In this respect it should be noted that the results of operative investigation activities, including those retrieved with secret investigation, may mostly be used as orienting information. The methodological basis for the scientific article was formed by the current achievements of the theory of cognition. In the process of studies the author used general philosophical, theoretical and empiric methods (dialectics, systemic method, analysis, synthesis, analogy, deduction, observation, modeling), traditional legal methods ( formal logic method), and methods typical for specific sociological studies (statistical, expert evaluation, etc.). It is noted in the article that the legal institution of the object of proof is closely related to the limits (boundaries) of proof, which are understood as necessary and sufficient level of examination of circumstances within the object of proof, allowing for factual and legal substantiation of the decisions made in the process of proceedings in a case. These are characteristics of the result of the process of proof, reflecting dialectic of quality and quantity changes in the knowledge on the circumstances of the cases, revealing the cognitive activity in the dynamics of its development from the probabilities to verifiable knowledge.

Keywords: process, crime, offence, elements of an offence, responsibility, ethnical, investigation, proof, evidence, criminal.

DOI: 10.7256/2454-0595.2013.9.8966

DOI: 10.7256/2454-0595.2013.9.63195

Abstract: At the first thought, the definition of exemption from criminal responsibility and its elements due to expiry of limitation period poses no topical issues, however, the problems in the legal practice require thorough analysis, which is provided in this article. The author makes a conclusion, that the limitation periods differ from typical sanctions for some types of crimes, and it should be abolished by establishing new limitation periods in Art. 78 of the Criminal Code of the Russian Federation. The author considers that the basis for exemption from criminal responsibility due to expiry of the limitation period is the inexpediency of application of criminal punishment to a person, who has committed a crime, due to the loss of considerable lowering of its public danger, and complicated character of procedural guarantees of the evidential basis. The authors consider, that it is necessary to provide for the discontinuation of a limitation period for the criminal responsibility, when a person commits an new intentional crime within the limitation period, since it proves the growing public danger from a person, and contradicts the concept of the legal institution of exemption from criminal responsibility due to loss or considerable lowering of the public danger providing for his possible rehabilitation without the need to apply criminal responsibility. The article includes analysis of practical problems arising out of situation of exemption of criminal responsibility due to termination of limitation period.

Keywords: exemption from criminal responsibility, limitation period, expiry of limitation period, the person avoiding investigation or court, public danger of a person, who has committed a crime.

DOI: 10.7256/2454-0595.2015.9.15017

Abstract: The subject of the research is the range of legal and organizational problems of consideration of the notion of a person, suffered from some damage, and its legitimation according to the current criminal and penal legislation. The author carries out theoretical and legal analysis of the notions “suffered”, “aggrieved person” and “victim of crime”. The article demonstrates the author’s positions on the interpretation and legal regulation of these categories. The main attention is paid to the development of the classification criteria for the abovementioned legal categories in the science and law-enforcement practice. The methodology includes the recent achievements of epistemology. The author applies the general philosophical and theoretical methods (dialectics, the systems method, analysis, synthesis, analogy, deduction, observation, modeling), the traditional legal methods (formal-logical) and the methods of special sociological research (the statistical methods, expert assessments, etc.). The author concludes that the notions “suffered”, “aggrieved person” and “victim of crime” are not revealed in the current legislation consistently enough. Therefore, it is necessary to develop criminal and administrative legislation regarding legitimation of these categories. The author draws attention to this problem and offers the ways of differentiation of these categories in the Russian law.

Keywords: regulation, offence, infringement, delict, police, victim, crime, suffered, correlation, notion

DOI: 10.7256/2454-0595.2015.9.66888

Keywords: regulation, offence, infringement, delict, police, victim, crime, suffered, correlation, notion

DOI: 10.7256/2454-0595.2013.11.63398

Abstract: The article concerns legal, organizational and political bases for private military campaigns, the author discusses their specific features, he studies foreign experience in the sphere of this topical issue, and based upon these studies he draws a conclusion on the need to improve legislation in the sphere of legal regulation and fighting private military campaigns.

Keywords: terror, terrorist, campaign, private, military, instrument, citizen, mercenary, service, fighting.

DOI: 10.7256/2454-0595.2014.11.13445

DOI: 10.7256/2454-0595.2014.11.65683

Abstract: This article considers the provisions of Federal Law No. 116-FZ dated 05.05.2014 ‘On Making Changes to Certain Laws and Regulations of the Russian Federation’ which make changes to a number of laws and regulation, including the Labor Code of the Russian Federation, and establish the procedure for use of precarious work. Representatives of trade unions, employers and lawmakers have been working towards the adoption of this law since 2010. With effect from 01.01.2016, i.e. from the time when the law becomes effective, precarious work will be prohibited in Russia as a method for the employer to avoid the obligations arising under the Labor Code and the employment contract made between such employer and the employee. The reason for prohibiting precarious work is abuse: “gray” schemes for avoiding payment of taxes, insurance contributions, reduction of employees’ salaries, leaving them without social guarantees. At the same time, it is allowed to use precarious work when employees are assigned to provide personal services and assistance with the household work of physical persons, for temporary performance of the duties of absent employees, for carrying out the work related to knowingly temporary expansion of production or growth in the scope of services. This list is applicable to a certain category of persons: full-time students, single parents and parents with many underage children, persons which have been released from detention facilities. When writing this work, the author used the universal research method, in particular, the principle of objectivity and comprehensiveness of research, such general scientific methods as observation, analyses, and specific scientific methods which include logical legal and comparative legal methods. the scientific novelty of the article lies in the comprehensive analysis of the new additions to the laws and regulations related to precarious work conducted by the author. The author also attempted forecasting of the effects of the legal regulation of precarious work at today’s stage of the development of employment law, including those related to the economic relations and the relation on employment market.

Keywords: precarious work, employment market, private employment agencies, non-standard forms of employment, outsourcing, outstaffing, employment contract, employment relations, non-standard employment model, civil-law contract.

DOI: 10.7256/2454-0595.2015.12.16925

Abstract: The author of the study pays special attention to the fact that the globalization of economic processes and legal interests and the necessity to struggle against criminality in almost all countries lead to the need for a unified interpretation of basic legal terms. The term “fraud” is used in administrative and criminal laws of different states and in international acts, and the problem is that it is interpreted in different ways. Changes in the Russian legislation have also seriously reformed the concept of fraud, causing a large number of scientific discussions. The author emphasizes the theoretical and practical importance of understanding of fraud as a corruption crime. The methodology of the research is composed of a set of general scientific and special methods of cognition on the base of principles of scientific objectivity, systemacy and historicism. The choice of research methods is determined by the object, the subject, the aims and tasks of the research. Such an approach allows the author to reveal the development patterns of international and Russian legislation. The proposed work is the analytical research of international acts on fraud and their comparative analysis. The author comes to the following conclusions: fraud has become one of the most widespread and latent crimes all over the world; in international conventions fraud covers a wide range of fraudulent deeds; fraud is rated among grave crimes which have become a growing international problem requiring the use of modern and effective methods on an international scale. It is worth noticing the understanding of fraud as a corruption crime.

DOI: 10.7256/2454-0595.2015.12.67157