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MAIN PAGE > Journal "Legal Studies" > Contents of Issue № 06/2015
Contents of Issue № 06/2015
JUDICIAL POWER
Bakradze A.A., Aminov D.I. - ON THE POSSIBILITY OF IMPLEMENTATION OF THE PRINCIPLES OF INDEPENDENCE AND COMPETITIVENESS IN CRIMINAL PROCEEDINGS pp. 1-15

DOI:
10.7256/2409-7136.2015.6.14775

Abstract: The authors offer the ways of implementation of principles of independence and competitiveness in criminal proceedings as a governmental activity in the sphere of justice which saliently forms the citizens’ comprehension of the existing level of social justice. In the authors’ opinion, the observation of certain conditions in the activity of judicial and law enforcement bodies would enhance their efficiency, in particular: 1) would exempt legislative bodies from participation in bureaucratic “games”; 2) the level of accessibility of justice for citizens would significantly increase; 3) the confidence of citizens in the possibility of their rights and interests defending would strengthen; 5) citizens would more actively assist the authorities in combating crime; 5) the workload of public administration would significantly decrease due to activization of internal potential of public and business institutions in combating crimes, etc. The methodology of the research is based on the general and special methods of scientific cognition: the methods of empirical research (observation, comparison, collection and analysis of data), analysis and synthesis of theoretical and practical material. The authors analyze normative-legal acts, educational literature, special literature, statistical data and law enforcement practice. The authors offer the ways of implementation of principles of independence and competitiveness in criminal proceedings by means of formation of political will capable of improvement of the ideology of an official in relation to the role of legal proceedings in the country, effective prohibition of “telephone law”, development of the institute of advocatory investigation, public expertise of criminal cases, enhancement of professionalism of the prosecution. 
Law and order
Mironov R. - The role of the control function in penitentiary system pp. 16-36

DOI:
10.7256/2409-7136.2015.6.14829

Abstract: The subject of the research is a managerial activity of penitentiary system in execution of criminal punishments. The author represents theoretical-methodological and practical analysis of the function of control in the activities of penitentiary institutions and bodies. With account to the revealed patterns and principles of modern management, aims and goals of penitentiary system, the author develops the mechanism of formation of control functions of the heads of local penitentiary institutions which predetermines the improvement of execution of both penitentiary and law-enforcement functions.The research is based on the method of dialectical materialism which allows considering the function of control in penitentiary system as an integral, continuously developing phenomenon which is in direct and inverse relation with social reality. Special contribution of the author consists in the complex analysis of the control function in penitentiary system based on the modern principles reflecting the existing social, legal and structural changes in the society in general and in the penitentiary system. They include the principles of competency independence, functional reasonability and personal responsibility of each employee for the decisions made. The author reveals and critically estimates the methodological and empirical potential of the control function. He offers and substantiates the typological model of the process of formation of control functions of the heads of penitentiary institutions connected with a fundamental revision of the system of educational process and personnel training in penitentiary system. Within the theory of management the perception of the problem of axiology of the control function in penitentiary system has changed. 
Abaturov A.I. - The peculiarities of disciplinary sanctions imposition on convicts terminated their work in penitentiary institutions without reasonable excuse pp. 37-52

DOI:
10.7256/2409-7136.2015.6.15003

Abstract: The subject of the research is social relations arising in the process of prevention of malicious violations of the established order of service of sentence in the sphere of labor relations in penitentiary institutions. The author thoroughly examines the current problems of disciplinary sanctions imposition on convicts terminated their work without reasonable excuse in penitentiary institutions.Special attention is paid to preventive impact on persons refusing to work; the author analyzes the main reasons of drawbacks and gaps in this area, gives recommendations for the involvement of first-time-offenders in labor processes, fostering the skills and habits to work in good faith.The methodology of the research is based on the dialectical method of cognition of reality.The author uses the general scientific and special methods of cognition: for the analysis of the new and previously used legal regulations and penitentiary legislation he uses the comparative-legal method; for the analysis of statistical data for the period of 2001 – 2013 he uses the statistical method. The novelty of the research lies in the fact that it is both a theoretical and applied work in the sphere of organization of the activities of penitentiary institutions personnel aimed at prevention of illegal actions of convicted persons, recognized as persistent violators of the order of service of sentence. The paper characterizes the problems in the studied sphere, develops theoretical grounds for the enhancement of the mechanism of activity of the departments of penitentiary institutions aimed at the prevention of illegal actions of convicts recognized as persistent violators of the order of service of sentence.
Practical law manual
Nagornaya I. - Permissibility of on-the-job medical treatment in the light of the principle of patient's rights priority pp. 53-68

DOI:
10.7256/2409-7136.2015.6.14498

Abstract: Legislation and other legal acts regulating the types, conditions and forms of medical care are analyzed. The author considers legal responsibility of medical organizations and health professionals according to the Criminal Code and Code of Administrative Offences of the Russian Federation in connection with the provision of on-the-job medical treatment, including the application of articles 171, 235, 238 of the Criminal Code and article 14.1 of the Code of Administrative Offences of the Russian Federation. The legal, technical and system analyses of the regulations are carried out. The priority of patient's rights t is described as one of the basic principles of health care. On-the-job medical treatment complies with the principle of patient's rights priority. A key prerequisite is the ability to organize medical care properly. The provision of medical care on-the-job equals to medical treatment at home.
Jurisprudence
Shugurov M.V. - Key directions of legal education transformation in the context of the European Higher Education Area pp. 69-106

DOI:
10.7256/2409-7136.2015.6.14835

Abstract: The subject of the research is the analysis of the influence of the European Higher Education Area principles on the modernization of content and forms of legal education in European states, including Russia. The author analyzes the documents forming the guidelines of evolution of education in the framework of the Bologna process. Special attention is also paid to the changes which in terms of globalization affect law, the legal profession, and higher legal education. Moreover, the author studies the guidelines and motives of the European higher legal education area formation which in terms of transnationalization of social relations lead to the appearance of common standards in the training of jurists aimed at their adaptation to a broadening labor market. As a methodological base the author uses the dialectics of the general and particular which is extrapolated on the sphere of legal education in the conditions of regional integration. Another methodological base is the axiological approach which allows understanding the changes in the world-view dimension of the modern legal education. The main conclusion of the study lies in the understanding of correlation between fundamental and applied aspects in the process of training of jurists. The author demonstrates the basic principles of legal education modernization formed of the principles of mobility and student-orientedness. Special contribution of the author is the conclusion that legal education is becoming the key factor of the formation of the society on the principle of rule of law. 
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