Электронный журнал Юридические исследования - №2 за 2015 год - Содержание - список статей - ISSN: 2409-7136 - Издательство NotaBene
Legal Studies
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MAIN PAGE > Journal "Legal Studies" > Contents of Issue № 02/2015
Contents of Issue № 02/2015
Kirikova A.A., Abakumova E.V. - Modern trends in consumer protection: the problems of certification in Russian consumer market pp. 1-11


Abstract: The subject of the research in this article is the problem of implementation of voluntary certification caused by the imperfection of the existing technical legislation. Authors try to make an attempt to analyze the reasons for the unsatisfactory condition of normative legal base. The research is based on the idea that certification is one of the fundamental means of consumer protection in the sphere of goods circulation and the economic system as a whole, which gives the consumer a guarantee of identity of a specific product by the state’s standards. The authors describe some problems of legal regulation of voluntary certification. The authors use the general scientific (analysis, synthesis) and the special scientific methods: formal-legal, comparative-legal. As a result of the study the authors conclude that the domestic consumer market has various contradictions and problems in the field of voluntary certification. Many innovations don't spread in this sphere as, for example, the draft law on certification, religious certification is ignored, and so on. We consider that the main problem is the low legislative regulation that promotes active growth of abuse in this sphere as well as non-legal thinking of Russian consumers.
Kabanov P.A. - The concept and the content of anti-corruption education as a means of prevention of corruption pp. 12-27


Abstract: The subject of the research is anti-corruption education as a means of prevention of corruption used in modern Russian anti-corruption legislation, subordinate legislation, scientific and educational literature. The objective is to develop and offer a theoretically grounded definition of anti-corruption education as a scholarly legal category and reveal its contents. The research objectives are: a) on the base of the analysis of regional anti-corruption legislation and normative acts to identify the main features of anti-corruption education as a means of prevention of corruption; b) on the base of the identified characteristics to give a working definition of anti-corruption education as a means of prevention of corruption; b) to disclose the content of anti-corruption education as a means of preventing corruption. Methodological basis of the study is dialectical materialism based on scientific methods of knowledge: analysis, synthesis, comparison, and other used in legal Sciences. Scientific novelty of the research lies in the fact that the author based on the structural analysis of the legal and scientific definitions of anti-corruption education, formulated in the regional legislation of the Russian Federation, as well as in the scientific, educational and reference books, proposed a new definition of anti-corruption education. It differs significantly from the previous definitions and reveals its contents.Practical significance of the research: scientific category of anti-corruption education allows to reveal the content of this activity and may contribute to further research.
Law and order
Apostolova N. - On the issue of Russian criminal proceedings development pp. 28-39


Abstract: The article is devoted to the improvement of proof and truth finding in a criminal case in modern Russian criminal proceedings. The author substantiates the necessity of preserving of principle provisions fixed in the Criminal Code of the Russian Federation; according to these provisions truth finding in pre-trial proceedings is the responsibility of the officials of investigation bodies by means of gathering (verification, evaluation); and during the trial in terms of open, oral and adversary proceedings - of the court by means of a thorough inspection and an objective assessment. The author also considers the issue of objectivity and impartiality of the court as the necessary and essential guarantees of truth finding in a criminal case and lawful, reasonable and fair justice. The study was conducted with regard to the achievements of the pre-revolutionary and Soviet science in criminal proceedings, as well as the provisions of the Constitution of the Russian Federation, the European Convention for the protection of human rights and fundamental freedoms of 1950 and the modern judicial practice. The conclusion is made that the establishment of objective truth in a criminal case in modern Russian criminal procedure is possible only when the activity of the court in the proof will be aimed at testing the relevance, validity, reliability and sufficiency of the evidence and elimination of the existing contradictions in them, but  not at the correction of incompleteness of preliminary investigation. Only for comprehensive and objective examination of the circumstances of the case and decisions legitimate, reasonable and fair judgement, the court should conduct its own investigations and obtain new evidence. We now need the court which will carry out justice, promoting a harmonious development of personality, society and the state.
Practical law manual
Bogdan V.V. - Some peculiarities of enforcement of the consumer right for judicial protection pp. 40-58


Abstract: The article considers one of the key aspects of consumer rights protection in Russia - the enforcement of the right for judicial protection. The right for judicial protection of consumer rights is one of the most important legal guarantees of citizens’ rights on the market of goods and services. The enforcement of consumer right for judicial protection is determined by its special legal status, which provides a number of additional legal benefits, including those of a procedural nature. The author elaborates separate procedural peculiarities of consideration of civil cases on the protection of consumer rights, provided not only by the Russian Federation Law "Concerning the Protection of Consumer Rights, but also by the decision of the Plenum of Russian Supreme Court "On courts, civil cases involving disputes about consumer protection" dated 28 June 2012, No. 17. In the process of research the author uses the analytical, formal legal methods, the method of abstraction, which allowed formulating conclusions. The scientific novelty of the research consists in the fact that author, on the basis of norms of the current legislation on the protection of consumer rights identifies the procedural peculiarities of enforcement of the consumer right for judicial protection, the content of which is also affected by judicial practice. The author comes to the conclusion that, despite a rather clear mechanism of judicial protection of consumer rights, in the process of enforcement there may appear problems of efficiency of some procedural advantages that, in its turn, necessitates the upgrading of dictinct legal norms.
Badikov K.N. - Psychological profile building on the base of papillary lines typology pp. 59-71


Abstract: The subject of the research contains integrated and integrative correlation of “picture type-CNS- behavior” system. the typology of lines is considered as “general – psychological type” model, as for particular one it is used “psychomodel of individuality” model, which is formed up with regard to integrative cooperation of right and left cerebral hemisphere.The object of the research is the distal phalanx print of the first fingers. Types of papillary lines and psychological characteristics of person who has an arc print on the left finger and twins loops on the right hand are analyzed. Type of papillary lines is a traditional object of identification in expert report. We suggested analyzing typology of first finger print in combination with print typology of the main right hand for forming a scheme of psychological type. This model of analysis allows establishing the integrated psycho-dermatoglyphic relations, which are formed by the dominant and sub-dominant cerebral hemispheres.Methodological base of research contains the provisions of the dialectic approach, the system approach to  psychological type building. In order to solve the psycho-diagnostics problems of the fingerprints owner the author uses the general scientific methods of research approach (description, testing) and the special ones (statistic analysis, integrated and integrative analysis).Typology of papillary lines is traditionally regarded as the main diagnostic object in genetics, medicine and forensics. We consider typology of first fingers print in relation to interrelations of functions of right and left hemispheres on one’s behavior. The functional status of hemisphere and inter-hemisphere reciprocity is related to the choise of a behavior strategy. 
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