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MAIN PAGE > Journal "Legal Studies" > Contents of Issue № 03/2015
Contents of Issue № 03/2015
Airikh V.A. - Danger as a central category of German police law pp. 1-51

DOI:
10.7256/2409-7136.2015.3.14339

Abstract: The subject of the study is the concept of risk as the most important element of German police law, similar in its importance to the concept of crime in criminal law. The author examines the various definitions of the police and legal concept of danger, its main types - the abstract and the concrete, as well as the objective and the subjective regulatory approaches to its understanding. The author studies the rules of land police law in order to show the particular types of aggravated danger and the resulting legal consequences. The author emphasizes the role of a concept of danger as a regulatory means of regulation and legitimation of decision making procedure of the police concerning the execution of preventive measures in the conditions of uncertainty. The methodology of this research is based on the general and the special methods: dialectical, system, comparative legal, analysis and synthesis. The special contribution of the author consists in the novelty of the present study determined by the fact that the example of the rules of German police law for the first time shows the central elements of a preventive mechanism of public safety and order provision which are absent in modern Russian legislation on police and still insufficiently studied in the domestic legal science.
Law and order
Kabanov P.A. - Corporate victims of Russian criminality: criminological analysis of victimological statistics for 2009-2013 pp. 52-70

DOI:
10.7256/2409-7136.2015.3.14420

Abstract: The object of the research are corporate victims (legal entities).The aim of the research is to identify the trends within Russian criminality which characterize its negative consequences for legal persons during the period from 2009 to 2013 on the basis of official victimological statistics.The research objectives are: a) description of the general trends characterizing quantitative changes in crimes committed by legal entities; b) description of trends within particular types of crimes related to damnification to legal entities; C) predicting the changes in corporate victimization in the nearest future.The methodology of the study is based on dialectical materialism and the general scientific methods: analysis, synthesis, comparison, and others. The scientific novelty of the research consists in the fact that for the first time in Russian forensic science the author investigates the phenomenon of corporate victims using the official statistics and describes the main trends of negative consequences for legal entities caused by different types of crime. This study allows launching the formation of Russian corporate victimology as a particular victimological theory.
History of state and law
Sychev D. - A Prosecutor: from Peter the Great to the present day. Evolution of functional activity in criminal process pp. 71-101

DOI:
10.7256/2409-7136.2015.3.14386

Abstract: The subject of the research is the evolution of functional content of the prosecutor's activities at pretrial stages of criminal process. The author outlines the functions of  procedural oversight and prosecution in the prosecutors' activities. The author analyzes the normative base of Russian legislation from Peter the Great to the present day, which is a means of these functions implementation. The author examines such aspects of the issue as the origins of the prosecutor's criminal procedural functions, their dependence on the role of the prosecutor in the state mechanism as a whole. The article shows the historical continuity of Russian prosecutors of different epochs in implementation of these two functions. The methodology of the study is based on the provisions of the dialectical method of cognition. Along with it the study uses the comparative legal, the system, the logical-legal and the historical methods of scientific research. The scientific novelty of the research lies in the complex historical and legal study of the implementation of the functions by the prosecutor in the criminal trial in Russia from Peter the Great to the present day. The article shows the historical continuity of the role of the prosecutor's figure in the criminal proceedings in different historical epochs. The research provides the extensive analysis of pre-revolutionary and contemporary authors' views towards the issue. The author comes to the conclusion about the necessity of simultaneous possession by the prosecutor of functions of prosecution and supervision, and the necessity of a further conservation of such a model of the prosecutor's activities.
Alekseeva M.G. - HISTORICAL AND LEGAL ASPECTS OF FINANCIAL CONTROL IN RUSSIA AT THE LOCAL LEVEL (the late XVII century - the October Revolution of 1917) pp. 102-123

DOI:
10.7256/2409-7136.2015.3.14609

Abstract: The article considers the development of financial control in Russia at the local level. The analysis covers the period of XVII-XIX centuries. The author studies the basic reforms of the Russian legislation in the field of financial control. The main local institutions of financial control (voivodes, departments, government boards etc.), as well as the structure and jurisdiction of national audit institutions. The author traces the periodicity of financial control development in pre-revolutionary Russia, where effective financial control was established only in the middle of the XIX century. The author uses the classical methods of juridical science. The author focuses on the historical and legal analysis of normative acts. The author supposes that local financial control in pre-revolutionary Russia could be characterized as centralized, that is typical for any absolute monarchy, but at the same time, as deconcentrated. Such a characteristics is based on the fact that financial control was entrusted to local representatives of the state authority, instead of the local governments or their representatives. 
Теория и философия права
Belyaeva G.S. - On the issue of doctrinal and legal criteria of optimization of legal regulation pp. 124-135

DOI:
10.7256/2409-7136.2015.3.14462

Abstract: The research object contains the problems of optimization of legal regulation; in this relation the scientists' views concerning this concept, the essence, the contents and the problems of efficiency of law are considered, including legal regulations, measures and conditions, legal regulation and juridical activities. Doctrinal and legal criteria of legal regulation efficiency assessment in political and social and economic spheres are systematized. The role of correctly legally provided purposes in optimization of legal regulation in a particular social sphere is substantiated.The author uses the general scientific methods of logical cognition: analysis and synthesis, abstraction, modeling, the system-structural, the functional and the formal-logical approaches.As a result of the analysis of scientific literature related to the problem of legal norms efficiency assessment (legal regulation, law-enforcement acts, legal activity, etc.) and the provisions of legal sources the author offers the law efficiency complex assessment criteria: 1) a ratio between the purposes of a legal norm and the actual results, that is its effectiveness; 2) the rule of law compliance with the social values and interests (needs).
Biblion
Nagornaya I. - Litigation and alternative dispute resolution procedures in foreign countries. Book review: Litigation and dispute resolution / Ed. by M. Madden. – L.: Global legal group, 2013. – 2nd ed. – 288 p. pp. 136-145

DOI:
10.7256/2409-7136.2015.3.14483

Abstract: The subject of consideration is the monograph written by an international team of authors and dedicated to the judiciary of different countries and alternative dispute resolution procedures. Particular attention is paid to the mediation procedure. The regulatory framework and various projects are analyzed, in particular the projects related to the implementation of international obligations, including Directive 2013/11/EU of the European Parliament and of the Council of 21 May 2013 on alternative dispute resolution for consumer disputes. The summary procedure and writ proceedings are considered. The most interesting issues are the improvement of dispute resolution and confidentiality of the mediation procedure. Each country is described in a separate chapter of the book, which has a clear structure and considers information disclosure, legal fees, etc. The alternative dispute resolution procedures are supplement to the judicial process and help to reduce the costs of the parties and the period of resolving the cases. That's why the appropriate projects gain the state support.
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