DOI: 10.7256/2454-0706.2018.9.27382

Abstract: This article explores the formation of a unified agricultural policy in the EU, its legal bases, goals and organizational mechanism. A unified agricultural policy represents one of the oldest and most developed branch policies in the EU. Despite the decrease in the agrarian sector of the EU economy, there is still significant EU budget allocation for the agricultural policy. It is noted that the key vectors of this policy are the legal regulation of organization of the food markets for agricultural products, as well as organizational policymaking. The author highlights the fact that the work on forming a unified agricultural policy in the EU does not only lift the existing barriers, but it is also a joint effort that was formerly under exclusive jurisdiction of individual member-states. A conclusion is made that the large scale and rich legal base of the unified agricultural policy in the EU is comprised of acts of primary and secondary laws.

DOI: 10.7256/2454-0706.2018.9.24212

Abstract: The subject of this article is the state of the system of the Russian law and Russian legislation, negative impact of the erratic changes in legislation, their use and the state of security of the population. The authors studied the process of change of the legal system during the 90’s reform, identified the negative aspects in the formation of legislation: unsystematic changes in legislation, the use of "legal fiction", the examples of new legal norms resulting in a conflict of their application in practice. The assumption is made about the further expansion of the pathology of the consciousness of modern society and legal nihilism. The authors applied the methods of system-structural analysis, as well as comparison of dynamic and statistical approach for the study of legal documents. The relevance of this research lies in the fact that special attention is paid to the changing perceptions of law in the modernization of communications and Informatization of society and blurring of the lines between the mechanism of perception of humanitarian and non-humanitarian Sciences, which leads to the devaluation of the modern system of law and the growing threats to national security. The authors conclude that there is a necessity of developing a new concept of law with research studies in Humanities and technical sciences, and bringing to this issue the best specialists in the field of law, computer science and high technology.

DOI: 10.7256/2454-0706.2018.9.21613

Abstract: The article is devoted to analysis of the Prosecutor's status as a subject of proof in the pre-trial proceedings. It describes in detail the Prosecutor's participation in the collection of evidence, their interaction in the process of proving alongside the bodies of investigation and inquiry. Based on the analysis of provisions of the applicable legislation, the orders of the Prosecutor General of the Russian Federation and various points of view of experts in this field, the article puts forward and substantiates the conclusion that the Prosecutor must exercise their authority as a prosecution subject of proof to the fullest extent. In this regard, it is proposed to supplement the Criminal Procedure Code of the Russian Federation with a number of provisions granting the Prosecutor the right to consider and resolve the petitions of the participants in the criminal case, take part in the investigative actions, give the investigator the mandatory instructions, as well as submit the documents and materials received during the Prosecutor’s investigation to preliminary investigation agencies. All of the proposals are closely interrelated and strictly comply with the legal nature of the Prosecutor's supervision.

DOI: 10.7256/2454-0706.2018.9.27338

Abstract: The subject of this research is the European, American and Russian legal experience in the area of pretrial reconciliation procedure (mediation). In particular, the author examines the historical path of the development of the institution of mediation on Europe, United States and Russia, as well as the modern European, American and Russian achievements in this regard. A detailed analysis is conducted on the causes and purpose of creating of such regulatory procedure; attention is turned to the various factors of their creation in the continental and Anglo-Saxon law. Methodological base is structure on the general scientific method of cognition, which reflects the correlation between the theory and law enforcement practice; a comparative legal method allows viewing the theoretical insights and pretrial proceedings, as well as the extensive practical application of mediation. The main conclusion lied in identification and analysis of the priority trends in development of the institution of mediation in Europe, United States and Russian Federation. The author reveals that the causes for creating such procedures in the continental and Anglo-Saxon law vary: if the United States attempts to broaden the access of citizens to justice, the European states pursued a different goal – to relieve the court system from the excessive amount of legal proceedings.

DOI: 10.7256/2454-0706.2018.9.26823

Abstract: This article examines the questions of theoretical substantiation of criminal responsibility in the historical and philosophical-legal aspects. It is commonly known that the established standards of the delivery of justice reflect the peculiarities of historical evolution of the traditional institutions of classical criminal law that regulated the grounds for criminal charges. The author notes that the current concept of criminal responsibility is built on the medieval representation on condemnation of criminal volition that manifest in the specific worldview orientations. Similar views are traced in the works of the representatives of German classical philosophy, as well as the more recent philosophical-legal doctrines. The conducted historical analysis demonstrates that in the countries belonging to the continental legal system, prosecution was traditionally administered within the framework of the worldview concept on the adverse impact of criminal volition. The grounds for criminal responsibility is the negative attitude of an offender towards the basic social values, which manifested in the specific unlawful acts. The work systematizes the theoretical representations on the legal nature of criminal responsibility, describes the philosophical views upon the subjective nature of crime. Particular attention is given to the analysis of theoretical views of the representatives of classical school of criminal law, who determined the conceptual content and functional purpose of the majority of modern criminal legal institutions.

DOI: 10.7256/2454-0706.2018.9.27238

Abstract: The subject of this research is the legal norms that regulate the relations on rendering free (subsidized) legal aid. The article examines the development and current state of legislation that regulates relations on rendering free legal aid in the Russian Federation and its constituents (excluding the criminal cases). The author also covers the separate issues emerging upon the implementation of legislation in the area of rendering free legal aid, and substantiates the proposal on improving legislation. A conclusion is mage on inexpediency of improving legislation towards adopting the new, distinct in content in the various subjects of the Russian Federation, statutory acts that establish and expand the list of persons qualifying for legal aid and cases where it has been rendered. Great importance is placed on the legislative changes reflecting the right of each citizen, regardless the place of residence or other circumstances, to receive the “essential” legal aid in any legal cases pro bono. Accent is also made on the relevance of formation of the system of interaction of participants, primarily the state system of free legal aid, which would render the quality free legal aid. The scientific novelty lies in consideration of the terms of rendering and quality criteria of free legal aid.