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MAIN PAGE > Journal "Legal Studies" > Contents of Issue № 09/2013
Contents of Issue № 09/2013
Law and order
Abaturov A.I. - On the issue of definition and legal base for the establishing post-penitentiary control. pp. 1-13

DOI:
10.7256/2305-9699.2013.9.9455

Abstract: The author provides detailed analysis of the existing scientific theories regarding the nature of administrative supervision over the persons freed from imprisonment.  The author discusses the objects of post-penitentiary control, facultative and necessary conditions for its establishment.  Much attention is paid to the grounds for establishing post-penitentiary control, which the author offers to understand as a combination of legal characteristics provided by law, presence of which allows to apply to a person the norms of Federal Law "On Administrative Supervision over the Persons Freed from Places of Imprisonment". Studying the legal mechanism for establishing administrative supervision over the person freed from imprisonment, the author states that the meaning and goals of post-penitentiary supervision as an administrative prevention measure is to provide supervision over the persons, in order to control their compliance with the administrative limitations and obligations, exclusion of them from commission of new crimes. Based upon the study the author formulates a definition of the administrative supervision over persons freed from imprisonment. 
Judiciary reform
Idirov Y. - Investigating judge in the draft of the new Criminal Procedural Code of the Republic of Kazakhstan pp. 14-26

DOI:
10.7256/2305-9699.2013.9.9555

Abstract: In this article the author analyzes the draft of the new Criminal Procedural Code of the Republic of Kazakhstan, which is currently being discussed by the public, in part of introduction of the institution of investigating judge into the criminal judicial procedure of the state. The author points out specific topical issues due to the formulae used in some of norms of the draft and describes positions of legal scholars and legal practitioners on these innovations.  Much attention is paid to the fact that the power to sanction the secret investigation actions remained with the prosecutor. Taking the CIS state as an example (such as Ukraine, Moldova, and Russia), the author expresses an opinion on the need to transfer these powers to the investigating judges, since they touch upon constitutional rights and freedoms of the people.  The legislative draft shall be viewed by the Parliament of the state before the end of 2013.Keywords: draft Criminal Procedural Code of the Republic of Kazakhstan, investigating judge, court, prosecution, criminal process, sanction, operative judicial control, powers, secret investigative activities.
Human and state
Volokh V.A. - Legal grounds for temporary asylum for Edward Snowden pp. 27-53

DOI:
10.7256/2305-9699.2013.9.9431

Abstract: In the article on legal grounds for provisional asylum for Edward Snowden the author analyzes Russian and foreign practices on temporary asylum for the persons being persecuted for their political views. It is noted that the term "asylum" has a wide meaning.  The Russian Federation provides asylum for foreign citizens and apatrides, claiming asylum on its territory by 1) political asylum, 2) recognizing as a refugee, 3) temporary asylum. Having analyzed the Provisions on the Order of Provision of Political Asylum in the Russian Federation, as established by the Decree of the President of the Russian Federation, the author considers that Edward Snowden did not meet the criteria for a political asylum. Unlike persons requiring political asylum under the norms of the UN Refugee Convention of 1951 and its Protocol of 1967 regarding the status of refugees, a person  who has well-grounded fears of being persecuted  for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country; or who, not having a nationality and being outside the country of his former habitual residence as a result of such events, is unable or, owing to such fear, is unwilling to return to it may require a status of a refugee or other type of international protection (including temporary asylum). V.A. Volokh provides detailed analysis of the procedure of viewing claims for provision of a refugee status in the Russian and foreign practice, as well as matters of temporary asylum. In the opinion of the author by providing E. Snowden temporary asyulm the Russian Federation strictly complied with its international obligations regarding protection of persons claiming asylum due to persecution on the grounds of their political views. 
History of state and law
Simonova S.S. - Normative legal basis for the foodstuffs policy of the land government bodies in Russia in the second half of XIX century. pp. 54-68

DOI:
10.7256/2305-9699.2013.9.9509

Abstract: The article contains evaluation of the foodstuffs policy as one of the most important elements of the social functions of the state. The author provides a definition of a social function of the state as a direction for its legal, organizational and practical activities, regulating the living standard and the processes of implementation of social and economic right of individual in an amount adequate to the specific stage of development of society and state.  The author provides for the topicality of historical and legal studies of the social function of the state at the current conditions of formation of the social state in the Russian Federation.  Based upon the scientific analysis  of the numerous legislative acts, the author singles out specific features of the legislative guarantees of foodstuffs policy.  In the opinion of the author, the social activities of the local government could only succeed only in the conditions of revision of the entire complex of Russian legislation: civil, tax, financial, etc.  However, it did not happen, and the normative legal acts on local self-government became a foreign substance within the Russian legal system.
Jurisprudence
Badikov K.N. - Psychodermatoglyphic innovations. pp. 69-80

DOI:
10.7256/2305-9699.2013.9.9266

Abstract: Results of the study of the palm prints allowed to formulate the key diagnostic principle for the formation of a psychological portrait via psychodermatoglyphic method. Comparison and analysis of stereotaxic model of the structures of a human brain when mapping the print of the thumb show integral and integrative correlations and psychodermatoglyphic connections. The palm prints reflect not only material but also ideal information. Individualization of a person is a diagnostic process, forensic part of it is implemented within the framework of trasologic studies, which is related to discernment of characteristic features and conditions of the trace-bearer.  Currently the scope of goals of forensic studies is being widened.  The forensic diagnostics develop to meet its goals.  Psychodermatoglyphic analysis is aimed at the perception of a person with all the variety of its morpho-functional individual characteristics. Integral and integrative connections of dermatoglyphics, organs and systems may only be analyzed within the framework of an interdisciplinary study. 
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