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MAIN PAGE > Journal "Legal Studies" > Contents of Issue № 12/2014
Contents of Issue № 12/2014
State institutions and legal systems
Gutorova A.N. - The problems of the political party program legal regulation pp. 1-12

DOI:
10.7256/2409-7136.2014.12.1372

Abstract: The article considers the issues related to the Russian political parties’ programs creation and functions. The article reveals the common problems of the programs of the political parties represented in the State Duma of the Russian Federation. As a result of the research the author suggests to amend the Russian legislation in the sphere of political parties’ programs regulation.The author uses the general classical methods of legal knowledge: problem and chronological, synchronous, comparative, system, and statistical. The author makes the original complex study of the political parties’ programs legal regulation based on the materials of the existing political parties and on the works of the Russian scholars. The author comes to the conclusion that it is necessary to oblige political parties to officially formulate their programs in the key spheres of state activity such as state-building, lawmaking, executive-administrative activity, justice, public prosecutor's supervision, and financial control. Moreover, political parties should officially announce their attitude towards economic, cultural, social, and foreign policy of the state
Law and order
Sheveleva S.V. - Contradictions in the regulation of deferment of punishment for a convict having an under age child pp. 13-23

DOI:
10.7256/2409-7136.2014.12.1368

Abstract: The article studies the problem of deferment of punishment in connection with parental rights. The author considers the particular aspects of the institute of deferment of punishment. The article studies both normative and legal materials, and judicial practice related to this question. The author considers parental rights and responsibilities of mother and father in the comparative vein and comes to the conclusion about invalidity of discrimination. The author states that certain improvements in the question of deferment of punishment of fathers in case of an underage child upbringing necessity have been reached in the legislation recently. As the research methods the author uses analytical method, abstracting and concretization, which allow the author to define the conditions of deferment of punishment. The scientific originality of the research consists in the fact that the author states a range of research problems of big social importance, such as an unreasonable contraction of the group of men who can be granted the deferment of punishment in case of an underage child upbringing; the time of a deferment granting, etc. The author comes to the conclusion that the problem of contradictions in the institute of deferment of punishment can be solved by means of criminal legislation modernisation taking into account the existing regulations and principles in the sphere of constitutional and family law. At the same time, all the questions, related to deferment of punishment, should be regulated according to criminal statute.  
History of state and law
Shchedrina Yu.V. - The improvement of judges endowment mechanism in the projects of the N.V. Muravyev's Commission pp. 24-34

DOI:
10.7256/2409-7136.2014.12.1362

Abstract: The research is devoted to judges endowment mechanism normative regulation in the projects of the Commission aimed at the revision of the statutes of the so-called "N.V. Muravyev's Commission". The article considers law enforcement in the sphere of judges endowment legal regulation in Russia in the late 1860s - the early 1890s. The author outlines the key problems in the state justice financing, analyzes the measures proposed by the Muravyev's Commission to improve the mechanism of judges endowment. The author uses chronological method, historical and typological method, comparative and juridical method, comparative and historical method, and others. The scientific originality is based on the formulation of the problem and the lack of study of this problem in the Russian historiography. The author comes to the conclusion that the question of judges endowment was considered one of the most important in the work of the Commission. Realizing the importance of high rates of wages for judges' independence and the problem of current financing of both crown and local courts, the Commission had made some important decisions in the sphere of judges endowment mechanism improvement. Realization of those measures could have raised the level of social and legal safeguards of judjes' independence, but it never happenned due to the government's refusal to formalize the bills. 
Practical law manual
Boldyrev S.I. - The main ways of copyright infringement in the Internet pp. 35-43

DOI:
10.7256/2409-7136.2014.12.1370

Abstract: The article considers the main ways of copyright infringement in the Internet. Nowadays there are various and numerous ways of copyright infringement in cyberspace. As the study shows, copyright infringement is an international problem, and each country searches for the legal ways of struggle against it. The author uses the methods of analysis, synthesis, abstracting and concretization, and reveals the peculiarities of copyright infringement in the Internet. The scientific originality is based on the fact that the author is one of the first scholars who consider the peculiarities of copyright infringement in the Internet from the point of view of the necessity to maintain the balance between the private interests of consumers and the use of legal measures against the infringer. Eventually the author concludes that the key concept of the contemporary system of intellectual property protection in the Internet should be the presumption of the free use of copyright objects, unless the rightholder declares the other. The main role in struggle against copyright infringement in the Internet should be assigned to the legal measures. 
Badikov K.N., Abakarova N.V. - The phantoms of psycho-dermatoglyphics segmental diagnosis pp. 44-58

DOI:
10.7256/2409-7136.2014.12.1388

Abstract: The article is devoted to the research of the cumulative and integrative correlations of the “cell-CNS-fingerprint-psychics-pathology-behavior” system. The proposed   three-dimensional stereotaxic model of brain segments and structures has the interdisciplinary nature. The author analyzes the psycho-dermatoglyphic and neuronal connections and their projections on the distal phalanx prints. The object of the research is the fingerprint morphology. The morphology of the particular dermatoglyphic features is connected with many human characteristics and serves as an object of psychogenetic, forensic medical and criminalistic examination. The results of the contemporary psychogenetic research outline not only the meaning of the identification features of fingerprints, but also their diagnostic, psychological and nosological correlations. The use of the stereotaxic projective method expands the psychodiagnostic value of a traditional forensic expert’s report. It provides criminalists with the opportunity not only to identify, but also to create a psychological profile. To solve the problem of the fingerprints owner psychodiagnosis the author of the article uses the general methods of study (description, comparison) and the special ones (statistical analysis, cumulative and integrative analysis). The main conclusions are the conceptual provisions of the fingerprint mapping methods and ways, which are being realized in the stereotaxic projection of brain segments. As a new area of forensic diagnostics, psycho-dermatoglyphics contains the cumulative and integrative correlations of the fingerprint and the stereotaxic brain model, and its main goal is the topological and nosological diagnostics. The practical task of this innovative method application is the creation of a psychological profile. The psycho-dermatoglyphic method is based on the correlation of the topological model of brain structures and the morphology of a fingerprint (thumb right, thumb left) within the context of integrative behavior and individual morphology of particular features, reflecting neuropsychological and psycho-dermatoglyphical connections. 
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