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Practical law manual
Evteev K.I. - Topical aspects of ascertainment of guilt of persons, responsible for controlling debtors pp. 20-30


Abstract: The research subject is the provisions of the Federal Law of 26.10.2002 No 127 “On bankruptcy” with regard to legislative consolidation of reasons for the imposition of subsidiary responsibility on persons, controlling debtors. The research object is social relations, arising in the process of imposition of subsidiary responsibility on persons, controlling a debtor, with regard to ascertainment of their guilt for his/her inability to fulfill commitments. The purpose of the research is to reveal the problems of ascertainment of guilt of persons, controlling debtors, at bankruptcy. The author considers such topical aspects of this problem as the criteria of negligence and irrationality, the methods of assessment of rationality and fidelity of persons, controlling a debtor, and the moment of appearance of an obligation to take into account creditors’ interests. Special attention is given to the prospects of transformation of Russian legislation with account for the existing foreign experience in this sphere of social relations. The author applies general scientific and specific methods of cognition of phenomena and processes, including dialectical method, formal-logical, and comparative-legal methods. The scientific novelty consists in the comparative-legal analysis of the problem aspects of ascertainment of guilt of persons, controlling a debtor, at bankruptcy. The author concludes about the necessity to raise the question about practicability of legislative specification of the criteria of irrationality and negligence of the behavior of persons, controlling a debtor, for the purpose of reduction of the sphere of application of value judgements. The results of the study can be applied in law-making and judicial practice. 
Vronskaya M.V. - Topical issues of private bankruptcy in Russian legislation pp. 20-27


Abstract: The article studies legislation and law enforcement practice in the sphere of private bankruptcy in order to detect topical issues of legal regulation of these relations. Some parts of the work consider the problem of responsible performance of obligations by a finance manager and abuses related to concealment of income and property from bankruptcy estate. Forced sale is accompanied with significant difficulties in the case of marital assets. On the basis of judicial practice analysis, the author concludes about the absence of a unified approach to the application of legislative provisions about private bankruptcy and the clause 39 of the resolution of the Supreme Court Plenum of 13.10.2015 No 45. The author uses the complex approach. The research methodology includes judicial practice analysis, the formal-logical method and correlation between the actual and the legal. Over the past two years upon the private bankruptcy institution coming into effect, the practice of its application allows assessing and outlining the topical issues, which hamper implementation of law, and sometimes eradicating law abuses by the subjects of these legal relations. The author concludes that, despite the relatively effective application of corporate bankruptcy and bankruptcy of self-employed persons in Russia, it is too early to apply this mechanism in the same way to private bankruptcy. Some legal norms should be modernized, and (or) a particular interpretation by the Supreme Court Plenum, establishing legal positions of courts, should be adopted. 
Teryukov E.O. - Problems of application of a suspensory veto as administrative proceedings injunction in the sphere of construction for the offences punishable by administrative suspension of activities pp. 30-36


Abstract: The research subject is the set of legal provisions regulating the order of application of a suspensory veto as administrative proceedings injunction in the sphere of construction for the offences punishable by administrative suspension of activities. Special attention is paid to the offences in the sphere of construction punishable by administrative suspension of activities. Despite the clarity of the dispositions and sanctions of the articles of the Code of Administrative Offences, devoted to administrative liability in the sphere of construction, administrative suspension can serve as an administrative warning and at the same time as an administrative restraint. The author substantiates the idea that the use of such an injunction as a suspensory veto helps to secure the sphere of construction and to reduce the number of offences in this sphere. Administrative suspension of activities is the most widespread measure of administrative punishment for offences in the sphere of construction. It can serve both as a measure of administrative warning and a measure of administrative restraint. But in administrative proceedings in the sphere of construction in some cases, prescribed by the legislation, there is an need for injunctions, and one of the most important and significant of them is administrative suspension of activities. The author of this study describes the essential problems of this measure application and pays particular attention to the possible ways of improvement of the mechanism of its application in the cases of violations in the sphere of construction. 
Boldyrev S.I. - The main ways of copyright infringement in the Internet pp. 35-43


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. 
Kabanov P.A. - The Role of the Chief Federal Inspector in the Region of the Russian Federation of the Presidential Plenipotentiary Envoy Apparat in the Work of Anti-Corruption Commission in the Region of the Russian Federation pp. 35-48


Abstract: The research subject is the legal status and the activities of the Chief Federal Inspector in the Region of the Russian Federation of the Presidential Plenipotentiary Envoy Apparat in the work of Anti-Corruption Commission of the Russian Federation. The research object is the set of statutory instruments regulating the Chief Inspector’s activities. The research methodology is based on the dialectical materialism and the related general scientific methods of cognition: analysis, synthesis, comparison, and other methods. The scientific novelty of the study is explained by the fact that it is the first study in Russian legal science describing the main responsibilities of the Chief Federal Inspector in the Region of the Russian Federation of the Presidential Plenipotentiary Envoy Apparat in the work of Anti-Corruption Commission of the Russian Federation. 
Karpova E.V. - Burning problems of a work and labour contract and a paid services agreement in car service pp. 37-45


Abstract: The research subject contains the burning problems of legal regulation of legal relationship resulting from a work and labour contract or a paid services agreement in car service. Special attention is paid to the problem of interpretation of conditions of a work and labour contract on motor transport maintenance and the problems of defining the form and the content of work and labour contracts and paid services agreements in car service. The author applies the complex approach. The problems are considered in the correlation of the material and the procedural aspects. The research methodology includes the analysis of judicial practice, the comparative analysis, the formal-logical method, the hermeneutical method, the principle of unity of concrete and abstract, the correlation of actual and legal, material and procedural, form and content. The scientific novelty of the study consists in the identification and classification of two groups of problems of legal regulation of legal relationship resulting from the work and labour contract and the paid services agreement in car service. The classification criteria are the ontological grounds: the content and the form (the contensive and the formal aspect of legal relationship). The author studies legal problems of the contensive aspect of legal relationship: the problem of interpretation of the conditions of the work and labour contract or the paid services agreement in car service (in favour of the work and labour contract or the paid services agreement), the problem of the subject of the agreement defining (the problem of agreeing upon the types, quantity and cost of motor vehicle parts). The author studies the problems of the formal aspect of legal relationship: the problem of a complex character of the form of the agreement (a single document containing all the necessary conditions of the signed order), the problem of legal arrangement of the fact of work or services delivery (work acceptance certificate), the problem of legitimacy of the representative’s authorities (based on the warrant or resulting from the circumstances). 
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.
Karpova E.V. - Topical problems of legal regulation of civil-law relations in the field of car service pp. 42-49


Abstract: The research subject is the study of legislation and judicial practice aimed at detecting topical problems of legal regulations of civil-law relations in the field of car service. Special attention is paid to the problems of rights protection in contractual legal relationship of services, maintenance works, and repair of vehicles and the problem of protection of the sole right to a trade mark in the sphere of car service. The author applies the complex approach. The problems are considered within the correlation of material and procedural aspects. The author pays attention to the body of evidence necessary for legal collisions settlement. The author applies the method of judicial practice analysis, comparative analysis, the formal logical method, the hermeneutical method, the principle of unanimity of concrete and abstract, the correlation of factual and legal, material and procedural. The novelty of the study consists in the detection and classification of two groups of problems of civil-law relations in the field of car service. The author studies legal problems of execution of rights of car services’ clients (the problem of failure to perform obligations, to ensure safety of vehicles in car services, the problem of moral damage compensation and penalties claiming). The author studies the legal aspects of implementation of rights of organizations and individual entrepreneurs providing services in the field of car service (the problem of protection of the sole right to a trade mark, failure to perform payment obligations, reimbursement of spares in case of a unilateral invalidation of an agreement by the customer). 
Badikov K.N., Abakarova N.V. - The phantoms of psycho-dermatoglyphics segmental diagnosis pp. 44-58


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. 
Alekseenko A.P. - Problems of Defining a Legal Nature of the Relations Emerging Between a Corporation and the Members of its Management Bodies pp. 45-51


Abstract: The research subject is the set of norms of labor and company law, and the acts of commercial courts of the Russian Federation related to legal regulation of the order of formation and the activity of management bodies of a corporation. The author considers the legal nature of relations between a corporation and the members of its management bodies, analyzes the grounds of such relations, including the general meeting of shareholders and the labor contract. Special attention is paid to the existing duality of the position of the executive body which is on the one hand a subject of company law, and on the other – a subject of labor law. The author applies comparative-legal and formal-legal research methods, analysis and synthesis. Based on them the author studies the provisions of Russian legislation and judicial acts. The author reveals the contradictory character of the legal nature of relations between a corporation and its management bodies. According to the current legislation, the relations between the directorate members and a corporation can be regulated by labor legislation while not being labor relations. Besides, the relations between an executive person and a company are based on a labor contract, and this situation is contradictory. 
Nikitin V. - Foreign organizations’ admission to construction activities in the Russian Federation: legal regulation issues pp. 46-53


Abstract: The article considers the peculiarities of legal status of a foreign construction organization. The author analyzes the term “a foreign construction organization”. The research subject includes the aspects of admission of foreign organizations to construction activities in the Russian Federation. The author considers the place and the role of a self-regulated organization in granting admission for foreign organizations to construction activities, exploring and design, and the conditions of foreign construction organizations’ entering the Russian self-regulated organizations. The paper studies the problem of the status of economically autonomous subdivisions of foreign construction organizations in the context of changes in the labour law. The analysis of statutory instruments and special literature helps the author to formulate the key provisions of understanding the legal status of a foreign construction organization in the Russian Federation and to identify the problems in this sphere. The author notes that the foreign belonging of the subject, together with the specificity of construction activities, influences legal regulation of admission of a foreign organization to construction and the related design and engineer works. The author notes that the procedure of admission of foreign construction companies to self-regulated organizations should be specified and should take into account the experience of the organization and the possibility of its confirmation. The study reveals the insufficiency of determining the legal status of economically autonomous subdivisions of foreign construction organizations based on the civil legislation. The author offers the definition of a foreign construction organization and substantiates the conclusion about a coordinated application of the provisions of national legislation and international agreements in the sphere in question. 
Yanchurkin O.V., Mamatov V.G. - On investigation of crimes in housing and utility sector pp. 51-59


Abstract: The research subject is the prosecutorial and investigative practice of investigation of crimes in housing and utilities sector, the scientific works in this field and the statistical data. The research object is social relations emerging in the process of investigating crimes in housing and utilities sector. The authors analyze the practice of reported offences consideration and criminal cases investigation in this sphere. Special attention is given to the detection of the breaches of law, committed by law enforcement agencies during pre-trial investigation of criminal cases in this sphere. The paper analyzes the works of Russian scholars on this issue and the official statistics of the General Prosecutor’s Office of the Russian Federation, devoted to this category of criminal cases. The research methodology is based on formal-logical, comparative-legal, logical, structural-functional and normative methods helping consider the issue comprehensively. The scientific novelty of the study consists in the complex consideration of the detected weaknesses of law enforcement agencies’ activities within the investigation of crimes of this category, and in the proposals about these weaknesses elimination.Pre-trial reviews are not sufficient. Requests for the necessary documents are not sent in proper time. Refusals to initiate criminal proceedings are issued ahead of time.Pre-trial investigation of criminal cases is not effective. Reasonable terms of criminal proceedings are breached. Measures to detect the guilty persons and the circumstances that should be proved according to the article 73 of the Criminal Code, are not assumed in due time.Forensic enquiries are not appointed in due time. Usually it happens because of the lack of specialists or equipment, or high price for expertise (it can be up to 300 000 rubles in nongovernmental institutions).The level of interaction between operational and investigative departments and control and supervision agencies in the sphere of prevention, detection, and elimination of breaches, is low.The property of the accused person, which can compensate the property damage, is not detected and sequestered in due time.It seems that the elimination and prevention of such weaknesses can raise the effectiveness of the work of bodies responsible for pre-trial investigation of criminal cases in housing and utility sector. 
Nagornaya I. - Permissibility of on-the-job medical treatment in the light of the principle of patient's rights priority pp. 53-68


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.
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. 
Khvostitskii M.V. - Legal regulation of invalid transactions whose goals contradict the fundamentals of morality or law and order: legal mistakes and the ways to solve them pp. 60-67


Abstract: The research object is social relations in the sphere of invalid transactions. Special attention is given to the problems of application of the consequences of the declaration of invalidity of a transaction whose goals contradict the fundamentals of law and order and morality. The paper studies different approaches to the idea of the concept of public order in different countries, including those in the context of correlation between the terms “law and order” and “public order”. The author considers such aspects of the topic as the reasons for the application of the article 169 of the Civil Code of the Russian Federation. The study is based on general scientific and special research methods. General scientific methods include the following groups: 1) methods of empirical research; 2) methods used on both empirical and theoretical levels; 3) methods of theoretical research. Special methods include: 1) methods of collection, classification and verification of factual materials: formal-legal method or statutory acts interpretation; 2) methods of factual material processing: normative and dogmatic analysis, comparative jurisprudence and historical-legal method. The author concludes about the necessity to formalize the list of transactions whose goals contradict the fundamentals of law and order or morality; the author offers a new formulation of the first paragraph of the article 169 of the Civil Code of the Russian Federation. 
Nikitin V. - Challenging of payments as transactions during bankruptcy proceeding (with account for the experience of execution of building contracts) pp. 60-72


Abstract: The research subject is the legal grounds for challenging of transactions of a debtor within the bankruptcy proceeding, implemented during the so-called “suspicion period”, preceding the recognition of a debtor as a bankrupt. The most important scientific achievement of recent years in this sphere is the extended understanding of a transaction, which interprets a transaction also as a discharge of an obligation (active discussion of this problem was initiated by S.V. Sarbash). The research subject includes the problems of law-enforcement, connected with annulment of complex agreements as a consequence of selective annulment of particular transactions, which are the parts of such agreements, with no account for the balance, provided by the agreements, based on reciprocal performance of obligations. The author applies historical method and the method of system analysis of laws, regulating bankruptcy procedures in their interconnection with the provisions of the Civil Code of the Russian Federation on transactions. Besides, the author applies historical-legal and formal-legal methods. According to S.V. Sarbash’s theory, implemented in civil law, challenged transactions include acts of cession of goods and payments. Consequently, bankruptcy procedures effectively contest parts of agreement with no account for their interrelation, and all the outgoing payments of the debtor, made during the pre-bankruptcy period, are threatened with restitution. The author reveals a significant contradiction of law-enforcement practice: the provisions of the article 180 of the Civil Code of the Russian Federation, ordering to preserve the part of a transaction, are used rarely; this article is not used for the division of an invalid transaction into the elements. In turn, the provisions of the law on bankruptcy about the possibility to separate particular transactions (parts) from the agreement (transaction) and the subsequent annulment within bankruptcy procedure, are widely used. This situation contains the contradiction in the sphere of regulation of transactions within civil law. The author draws attention to the fact that a building contract is one of the spheres of contractual law, in which annulment of agreements can lead to unpredictable consequences. 
Kabanov P.A. - Compromises in the implementation of the state policy of the Russian Federation in the sphere of fighting corruption as means of resolving legal contradictions. pp. 66-78


Abstract: The object of studies involves compromises in the implementation of the state policy of the Russian Federation in the sphere of fighting corruption as means of resolving legal contradictions. The goals of study include the following: analysis of the normative legal acts of the Russian Federation allowing for the use of compromises in the implementation of the state policy in the sphere of fighting corruption; analysis of the practice of using compromises when implementing state policy of the Russian Federation in the sphere of fighting corruption; development of proposals for the further studies of compromises  in the implementation of the state policy of the Russian Federation in the sphere of fighting corruption.  The methodological basis for the studies involves dialectic method of cognition of social matters and processes taking place in the society and general scientific methods of scientific cognition:  analysis, synthesis, extrapolation and other methods used in social sciences. For the first time in the Russian legal science the author analyzes the possibility and substantiates the need for compromises in the sphere of fighting corruption, paying attention to the overly radical approach to fighting corruption in the modern Russian federal anti-corruption legislation and related legislation on the state service.
Zvyagin V.N., ., . - Method for defining the Caucasian - Mongoloid racial identity based on physeognomic elements. pp. 70-93


Abstract: The racial identity of an individual is one of the group characteristic features of a person, and there is need for its diagnostics in various expert situations.  It may include expert evaluation of a live person, filling in an authentication card for a corpse, description of a corpse of an unidentified person, provision of a verbal description of a missing person or a criminal suspect, description of appearance based on photo portraits for further identification or comparative studies, diagnostics based on scull, teeth and bones of post-cranial skeleton in the expertise of skeletized remains, reconstruction of the appearance based on skull, etc. In other words, the necessity for the racial identification of an individual is obvious. The author offers a list of features for establishing whether an individual belongs to a certain race.  The author offers to amend the existing list for expert evaluation of living persons and studies of photographs of persons of known racial identity with the different list of elements and provide statistical substantiation for the deciding rule in expert opinions.  The author also establishes the number of elements is necessary or sufficient for the positive or relative inclusion of an individual into one of two (Caucasian or Mongoloid) races, making a conclusion on the mixed origin or refusal to make a decision. The procedure for evaluation of each element is provided in detail, and the expert approbation for the method is provided.  The author considers that in the future the analogous approach shall be used for the formation of the list of race-diagnostic somatic elements.
Kuznetsova E.I. - Overturning of execution of court decision: matters of argument in civil and arbitration proceedings pp. 71-81


Abstract: The paper considers law enforcement of the institution of overturning of execution of court decision in civil and arbitration proceedings. The author pays special attention to the conditions of application of this institution, focuses on the deficiencies of legislation regulating this institution, and gives the examples of judicial practice. The article also considers the admissibility of use of this institution in cases of non-pecuniary claims, adduces the judicial practice examples. Special attention is paid to the comparative-legal analysis of regulation of this institution in the provisions of the Civil Code and the Administrative Code of the Russian Federation. The author concludes that the existing Russian legislation doesn’t solve the problem of admissibility of use of the institution of overturning of execution of court decision on non-pecuniary claims. At the same time, the legislator has qualified the categories of cases which are not considered within this institution. The author advices to legitimate the term “overturning of execution of judicial act” in the Civil Code, as the term “judicial act” is wider than the term “court decision”. 
Nagornaya I. - Informed Voluntary Consent to Medical Intervention and Responsibility of Medical Personnel pp. 74-88


Abstract: The author analyses the legal regulation of obtaining informed voluntary consent to medical intervention from a person or person’s legal representative. Requirements for the form and substance of such consent are considered. It is pointed out that compliance with the former presumes due execution of the required documents and with the latter – informing the patient (the patient’s legal representative) about the purposes, methods of providing medical care, associated risks, possible options for medical intervention, its consequences and about the anticipated results of such medical care. Examples are given from court precedence related to holding medical personnel administratively and criminally liable in connection with violation of the statutory rules on obtaining the patent’s consent to medial intervention. The article analyses the matters relating to the responsibility of medical personnel for providing medical intervention without giving the patient the full details. The systematic analysis of the Russian law, court precedence and the Canadian doctrine and the position of the judicial authorities of Canada was carried out in order to identify any experience that may be applied to the Russian environment. The conclusion is made that it is reasonable to prepare the wording for specific essential elements of an offence which entail responsibility of medical personnel for non-observance of the patient’s right to receive the fullest possible information in an easily understandable form if the consequences of such non-observance are grievous bodily harm or other grievous consequences caused by the nature of the medical intervention and not by the guilty acts of the medical personnel. The mediсal personnel should select the communication manner which corresponds to the patient’s objective condition, age and ability to understand information while at the same time avoiding any unnecessary “intimidation” or underestimating the risks involved.
Zvyagin V.N., ., . - Program diagnostic complex "grade-rec": biometric sorting and reconstruction of destroyed corpses in emergency situations. pp. 75-85


Abstract: The natural and technogenous catastrophes, terrorist acts  have numerous victims. The possibility for the identification of the dead is usually dependent upon the level of destruction of the corpses. This principle serves as the basis for the judicial medical sorting in emergency situations. The final aim of sorting is to establish which of many various fragments belong to corpses of specific persons.   Reconstruction of destroyed corpses by their parts has humanitarian and religious value in addition to expert practical importance. Success of body part sorting (either direct or computer-based "assembly" by separation planes and anatomic property) depends on lack of significant corpse fragmenting and limited number of victims.  In most other cases this target is achieved after laboratory studies, and not in real-time mode. Based on above-mentioned issues, the topical problem for the judicial medical expertise at the focal point of the emergency situation is practical introduction of the specialized program diagnostic complexes, allowing to automatize the process of sorting of destroyed corpses and to restore their entirety and to form an electronic database on group and individual personal characteristics.
Yarovenko V.V. - Expert initiative in the modern expert practice pp. 84-94


Abstract: The author gives attention to the controversial points of expert initiative on the issues, not mentioned in a decision about the appointment of judicial expertise, but related to the subject of expert investigation. The author studies the current legislation and the scholars’ positions on the necessity to formalize this initiative, which, in the author’s opinion, doesn’t correspond with the adversarial principle. Besides, the author studies various types of expert’s opinions on particular criminal cases related to expert initiative. The author uses two main approaches to substantiate his decisions: the comparison of expert initiative novels, proposed by different authors, with the current legislation, and the analysis of expert practice. The author concludes that the problems, raised by the expert, and their investigations shouldn’t be included in the expert’s opinion, since they can be considered as an inadmissible evidence and can be excluded from evidentiary information; it is unreasonable to formalize the provision, which can infringe the interests of the parties; expert initiative can be applied to the expert’s questions if they don’t change the meaning and the volume of the investigation. 
Kuznetsova E.I. - The problem of use of the superlative degree in advertising: the review of judicial practice of Russian courts pp. 93-105


Abstract: The article considers the issues of legislation observance in the sphere of advertisement compliance with the requirement of credibility of information about the advantages of the advertised goods over other goods. The analysis of judicial practice shows that this issue is rather controversial and is solved by courts in different ways. Thus the article also deals with the issue of the criteria of advertisement if the advertised product is endowed with such categories as “the best”, “the first”, “number one”, etc. The consideration of the mentioned problems is especially important for law-enforcement practice of commercial subjects promoting their goods and services. The author outlines the criteria which are positively and negatively taken in judicial practice of Russian courts considering the cases of use of the superlative degree in advertisement, their analysis and consideration of specific examples from the recent judicial practice. 
Yurchenko M.A., ., . - Age-related specificities of bones in the human hand. pp. 94-101


Abstract: Various methods may be applied in order to diagnose the age of an individual.  The radiographic methods are among the most popular methods.  They allow to establish age, sex, race of an individual, and in some cases they serve as the basis for the individual identification.  The classical object of radiographic studies in anthropology is skeletal bones of a hand and a forearm outlimb, which is due to the technically uncomplicated method of getting an radiographic picture and a large amount of studies on variations of anatomy of these skeletal parts.  The researchers evaluated the old-age related characteristics (such as osteoporosis and  joint space narrowing) as well as compensatory and adjusting element (sclerosis, osteophyma). The defect (not allowing to apply this method in judicial medicine) is that depending on the ageing tempo expert radiographic picture may include 6 to 24 age markers.  It makes authentic and practically valuable expertise of an individual situation based upon the scheme possible, requiring formation of an expert method, which would be applicable for the differentiated evaluation of the individual age. Currently there is need to widen the specter for the modern research methods, use of a larger number of organs and systems for more clear and comprehensive analysis of human biological age, for the further formation of a principal algorithm of studies.
Zvyagin V.N., ., . - Fundamentals for the computer point-digital model of dermal glyphic characteristics of the phalangettes. pp. 95-104


Abstract: Over 20 years of development of Russian judicial medical dermal glyphic studies show that the it may be applied only via creating computer software. It is undoubted that the "Dermatogliphica" software, which was developed in 124 SML in 1996 was a significant achievement of the practical dermal glyphic studies. However,  search and definition of elements was by visual examination, and marking was done by hand, which included a subjective element into the complex of identification issues  resolved based on dermal glyphic studies. The article is aimed at minimizing the influence of subjective factor when interpreting dermal glyphic elements. In order to create such a classification, new decisions on structural basis for the papillary pictures and their coordinate basis, method for the ridge count and other characteristics of the papillary pictures.   Dermal glyphic studies and dactylography have many classifications, which were developed depending on the goals, which needed to be achieved in a certain branch of science (clinical medicine, judicial medicine, criminalistic anthropology, etc.). That is why there is a large variety of sub-types of curves, loops and curls depending on height and orientation of the pattern, its symmetry or assymmetry, forms and structure of lines in the central part of the pattern and other characteristic features, reflecting the details in the structure of the papillary pattern, and this work includes an attempt to provide their mathematical description.
Akhrameeva O.V. - Unobvious obstacles in achieving the goals of injunctions. pp. 95-113


Abstract: The article concerns injunctions as one of the key institutions of the arbitration process. These measures guarantee future enforcement of a judicial act, and at the same time they preserve the positions of parties to the process in the status prior to when the process was started.  However, the fast decision-making in the sphere of temporary limitations to some acts may cause inpredictable circumstances, and it may be contrary to the goals and aims of injunctory measures. The author analyzes the legislative requirements and the guidelines of the higher judicial instances regarding claims (requests) for application of injunctions, and provides examples based on judicial arbitration practice. Additionally, the author analyzes the sphere of land relations in order to show examples of obstacles in the implementation of injunctions according to claims of the parties.  The author makes a conclusion that fast decision-making on such claims may lead to abridgements of rights of third parties, and it may be proven by the judicial practice.  The author shows the correlation between the public and the private elements in regulation of land relations, and the author considers that the judges should take into account the interests of an indefinite range of persons, when making a decision on the claim for the application of an injunction. 
Bronnikov A.M. - Pledge of rights of corporate members and the procedure of their implementation on public markets pp. 100-106


Abstract: The research subject is the set of legal provisions aimed at the regulation of relations in the field of pledge of rights of corporate members, the practice of their application by antimonopoly service and courts, and the set of theoretical provisions about pledge. The author analyzes the problem of the legal nature of pledge over shares of an LLC’s registered capital, outlines topical legal problems, and offers the ways to solve them. The author also raises the question of realization of this subject of pledge on public markets. The research methodology is based on the set of general scientific and specific methods of jurisprudence such as analysis, synthesis, specification and abstraction, the comparative-legal, formal-legal, technical-legal, sociological methods, and the method of legal modeling. The scientific novelty of this study consists in the fact that though there are particular works on this topic, the issue of pledge of rights of corporate members hasn’t been studied sufficiently enough yet. Based on the analysis of sources, normative acts, judicial practice, and the practice of public marketing, the author offers concrete measures for the solution of particular legal problems, connected with pledge over shares of companies and their further realization on public markets for the purpose of meeting the liabilities to creditors. 
Kutsenko K.I., ., . - Micro-morphological specificities of the firearms wounds caused by the pistol "MR-79-9TM" with blank cartridges. pp. 105-112


Abstract: In order to study micro-morphological characteristics and specificities of the firearms wounds caused by the shots with blank cartridges (BC) in the conditions of the shooting range of the judicial medical ballistic laboratory of the Russian Center for Judicial Medical Expertise of the Ministry of Healthcare of Russia the authors had an experimental shooting with blank cartridges (produced by AKBS) fired with the 9,0 mm pistol MR-79-9TM. For comparison the authors used traumatic cartridges (TC) with the shot energy 50 J (produced by KSPZ). Experimental damage was studied based on biological test dummies - corpses of three pigs age 4-5 months, which were slaughtered 2-3 hours before the experiment.  The shots were fired from various distances to various body parts with consideration to the anatomical position of internal organs and bones. The author states that the histological study of wounds caused by firearms on the biological test dummy caused by the shots with BC and TC from various ranges showed the verifiable differences  in the character of damage, traces of soot and gunpowder on the skin and in the wound channel beneath the skin, on skeletal muscles and internal organs.  Based upon the complex of characteristic diagnostic elements, the authors prove the possibility for the application of the method of color micro-drop chemical reactions with the use of Griess reagent in order to establish the fact of shooting with the blank cartridges, and for differential diagnostics between the blank cartridges and traumatic cartridges.
Tolpegin P.V. - Non-judicial protection in judicial process: the right of the party to a case to be familiarized with the medical documents requested by the court pp. 112-125


Abstract: The article is devoted to simultaneous study of two legal aspects. The first aspect concern non-judicial approach to protection of lawful rights and interests of a person in cases when such rights are infringed within judicial process, however, it is not possible to challenge the acts of a judge into a court of higher instance. The second aspect provides a direct response to an issue of whether a party to a civil case may get acquainted with the medical documents requested by the courts.  The ambiguity within this issue is due to the fact that medical documents requested by the court as such are not evidence (while the expert opinion based on it is evidence), but the medical documents may be subject to graphologic or other type of expertise.  The problems are analyzed based upon the facts of a specific civil process, where the author used non-judicial protection in the form of being familiarized with the materials of the case with the assistance of various officials and official bodies, including the Chairperson of a District Court, Chiefs of the Court of the Constituent Subject of the Russian Federation, Administration of the President of hte Russian Federation and the Plenipotentiary on Human Rights in the Russian Federation. The author proves efficiency of non-judicial forms of protection of subjective rights and lawful interests even in an on-going judicial case.
Khokhlov V.V., . - Specific features of judicial medical expertise on "medical cases" at the current state of development. pp. 114-121


Abstract: In cases regarding responsibility of medical staff for failure to properly perform their functions the investigators and the court have to face a number of special issues, especially correct diagnosis and course of treatment of the patients and the causal link between these factors and the grave negative consequences of medical mistakes.  In the late years more and more doctors are brought to responsibility for professional offences, and preliminary stage-by-stage analysis of information obtained by the investigation on these issues becomes especially important. The author notes that often bad quality of examination complicate decision-making in the sphere of evaluation of uncovered offences, and requires judicial medical expertise by a commission of experts, even in the cases when it could have been avoided. The author notes that in order to have an objective evaluation it is reasonable to assign expertise to be performed in another region, which has a medical higher education institution and traditionally good quality of such expertise, and it is also necessary to guarantee the payment for the work of experts and non-staff medical specialists. The author also states that it is almost impossible to obtain an objective evaluation from local healthcare specialists in the regions where there are no higher medical institutions due to the corporate loyalty.
Zemskova E.Y., ., ., . - Polymorphism of nucleotide sequence as a source of improvement of information quality for the str-markers of the autosomal human DNA. pp. 122-126


Abstract: The search for the ways to improve efficiency of molecular biological identity analysis is one of the topical vectors of development of the modern judicial medical genetic analysis.  Transfer to alternative (more informative) methods of studying of previously known molecular markers may be the solution of this problem.  For example, defining the polimorphism lengths of amplified fragments by      capillary electrophoresis is a classical approach towards the studies of short tandem repeats of the human DNA.  At the same time, it is know that most of spheres of human genome have sequence polymorphism.  However, the elctrophoretic separation of the DNA fragments fails to give information on the polymorphism of this type, since it allows only to establish the length of analyzed amplicon. An ideal method for the polymorphism analysis of sequence in any DNA fragment is its direct sequencing. However, it is a long and labor-intensive approach, and it precludes any large-scale studies in this direction.  As an alternative to direct sequencing may be found in mass-spectrometric analysis of amplified DNA fragment. High degree of precision of defining molecular mass of amplified fragments allow both to define the length of a fragment, which is being studied, as well as deviations from the expected (known) base composition. The allel "breakdown" effect in STR-locuses into several options of forms (classic and including SNP) may guarantee greater information value of an expert opinion.
Yarovenko V.V. - Issues of Application of Special Knowledge to Inspecting Various Kinds of Firearms and Ammunication pp. 146-163
Abstract: The article is devoted to the analysis of application of special knowledge to inspecting various kinds of firearms and ammunication. The study allowed to define the most typical mistakes made by investigators when discovering, forfeiting weapons and conducting ballistics tests. The author suggests to make a number of amendments to the current criminal procedure legislation.
Badikov K.N. - Psycho-dermal-glyphic analysis in clinical personology of persons with unlawful behavior. pp. 148-167


Abstract: Taking the brain pathology into account when forming a psychological profile allows us to understand the causes of unlawful behavior. An innovative method of formation of a psychological profile via psycho-dermal-glyphic means requires development of a reflected stereotaxic brain model at a localized area - phalangettes of thumbs. The specific dermal glyphic elements (minutia) serve as diagnostic markers for various psychological conditions and statuses.  The scientific literature provides for a vast variety of articles on neurobiological causes of unlawful behavior. Psycho-dermal-glyphic studies unite neurobiological, neuropsychological and psychogenetic study results. The value of psycho-dermal-glyphic method is found in formation of a psychological profile in the conditions when palm prints at a crime scene are minimal.  Classification of character accentuations  is much similar to the system of psychopaties.  The psychodiagnostic practice traditionally provides for the personality accentuations based on complex clinical and experimental - psychological studies. The psycho-dermal-glyphic analysis  is performed from the standpoint of integration approach to emotional and sensuous sphere of a person. Development of topical issues in the sphere of aetiology and pathogenesis of brain pathology and its minimal clinical forms draws closer towards forecasting and psychodiagnostics of behavior, unlawful behavior included.  The goal of psycho-dermal-glyphic studies is to single out dermal glyphic and psycho dermal glyphic markers of dysembryogenesis of the central nervous system, the congenital brain pathologies and its minimal clinical forms.
Akhrameeva O.V. - Establishing jurisdiction of a court in cases on challenging contractual obligations in a contract with an undefined place of performance. pp. 168-176


Abstract: Stability and predictability serve as a basis for the relations among economic subject. And one may refer to stability also with the references to the judicial cases on disputes among the contractual parties, when the possibility for such conflict resolution is provided in the contract.  However, some parties make mistakes in this respect, such as failure to mention the place of contractual performance, forming an obstacle to lawful conflict resolution.  Most of contracts for sale of goods, performance of work, and provision of paid services do not refer to place of performance under the contract. Usually the parties mention a place where the contract was concluded as well as the place of factual performance of an obligation - handing the goods over to a buyer, provision of results of work to a customer, provision of services. It might seem that there is no practical need to refer to a place of performance under a contract. However,  presence of such a clause in a contract allows to use the right for alternative place of jurisdiction instead of filing a claim at the place of residence of a respondent.  On the opposite, in the absence of such a clause the possibilities for the use of alternative jurisdiction are often misunderstood.
Badikov K.N. - Practical vector of psychodermatoglyphic method in diagnostics of criminal behavior. pp. 175-191


Abstract: Integration of the Russian Federation into the global community is impossible without providing for greater efficiency of crime investigation. Introduction of innovative methods into the forensic tactics is related to the individual approach to personality.  An important quality of dermatoglyphic expertise within the trasology framework is their diagnostic vector and the possibility for the formation of psychological profile.  The Russian psychological science evaluates the behavior from the psychopathology standpoint or from the standpoint of social and psychological status of a person.  The psychodermatoglyphic studies regard deviant behavior within the integral approach to psychological processes and conditions.  Evaluating a personality as a complicated integrated system, one may find deviant behavior showing itself in certain dismorphological markers - certain dermatoglyphic characteristics.  The said approach shows correlation between biological and social behavior elements (including deviant ones), and it also shows unity of morphology and psychology of a person. As a result, the integration of the "central nervous system - morphology - behavior" gains special value for psychodermatoglyphic expertise, and it is due to functional bilaterization of brain from the standpoints of hemodynamics and specialization of brain hemispheres within the ontogenesis framework.
Badikov K.N., . - Age and Nosological Correlations in Psychodermatoglyphic Researches pp. 196-217
Abstract: Psychodermatographic method of age determination allows to narrow the circle of suspects. This method is based on the patterns of evolution and involution processes ongoing at the cell level and reflected on papillary pictures: the crests are 'worned out' and fingerprints lose their identification features. It has been established that in the first place the ageing processes are reflected in dermatoglyphics of the first finger on the right and left hands. It is the dermatoglyphics of the first finger which is the genetic marker not only of the brain activities, but also of significant diagnostic criteria of ageing. 
Aleksova A.V., . - Theoretical and Practical Issues of Ballistics Tests for Defining the Relevance of an Object pp. 223-250


Abstract: The article is devoted to special features of the expertise for defining the relevance of an object to firearms. Due to the fact that the expertise methods for illegally produced weapon have certain features, the author discusses peculiarities of studying the material part of weapon during the expertise as well as methods of proof firing. To prove his conclusions, the author describes examples of expertise experience and views typical expert's mistakes which may be made in the process of the expertise. 
Gavrilov V.N. - Role of notary in inheritance registration. pp. 286-300


Abstract: The article is devoted to the issues of registering the transfer of proprietary right in cases of inheritance. The author analyzes role and competence of a notary and other persons taking part in the registration of inheritance rights, interaction between notary and tax bodies. The author also provides for a detailed classification, analysis of terms, procedure and possibilities for the preliminary provision of inheritance certificate and the grounds for it, as well as specific features of registering the escheat.  He also studies the legal nature of the certificate for the right to a share in a common property of spouses, as well as technical and organizational issues regarding registration of inheritance rights depending on the type of inherited property and proprietary rights.  The author analyzes types of documents allowing the notary to interpret the testament.  Attention is paid to the range of persons having a right to file a claim in court regarding invalidity of an inheritance certificate. The author finally provides comparative legal analysis between the Russian legislation and the legislation of a number of foreign states in the sphere of inheritance regulation.
Yarovenko V.V., . - Forensic expertise of falsification. pp. 318-329


Abstract: It is shown that currently the criminals legalize unlawfully obtained card via various falsifications in the sphere of registration, customs clearance and transfer of proprietary rights to a vehicle.  There are more and more cases when the automobiles are sold with fully counterfeit vehicle registration documents, as well as cases of unlawful changes in such documents.  The main means of counterfeiting are erasure, etching, washing, adding of information, drawing, and falce information is usually provided on the year when an automobile was produced, engine volume, date of registration, and date of registration closure. In cases when an automobile was used for personal needs, special marks are destroyed. The authors analyze the practice of assigning and holding judicial technical and forensic expertises of vehicle registration passports. Knowledge of these means of falcification is necessary when holding visual examination in the process of registration and verification of documents on the road by the State Traffic Safety Inspectorate officers, and it may be helpful for the buyers of vehicles.
Tokareva K.G. - Property-related tax deduction: the problems of legal practice. pp. 330-337


Abstract: The only provision of the Tax Code of the Russian Federation on property-related tax deduction is Art. 220 of the Criminal Code of the Russian Federation. However, there is a large number of practical problems related to them. Considerable amount of disputes arises between tax bodies and good faith taxpayers on the excess amounts paid.  The article concerns some topical aspects regarding implementation of a right for the property-related tax deduction, in particular, the complications with getting the Personal Income Tax (NDFL-2) report at the place of work. The author recommends taxpayers to require provision of NDFL-2 report by written notification by registered mail, or address the Labor Inspection.  The article also includes discussion of the problems regarding violations on the period of payment on property-related tax deductions. In such cases a taxpayer should address the tax body and require that the payment of interest for the unlawful use of money due to him would be paid and provide the calculation. If the delay is significant, the taxpayer should file complaints on the acts of tax inspection to the relevant Division of the Federal Tax Service in his region.
Yarovenko V.V., . - Criminological characteristics and urgent investigative actions on cases on unlawful hunting. pp. 351-377


Abstract: The article concerns the elements of criminalistic characteristic features of unlawful hunting, which allow to establish necessary information on every particular crime due to their similarities: criminal behavior of offenders, circumstances and mechanisms of perpetrating and concealment of criminal act, character and gravity of damage.  Combination of various methods of unlawful hunting usually appear due to the influence of various external factors at the place of crimes as well as to specific features of personalities of offenders.  After the crime the poachers often take measures to conceal the crime, which complicates the process of proving guilt of an arrested offenders.  When deciding to violate the hunting rules, a person counts upon hidden character of his acts, absence of witnesses, and destruction of traces of crime.  It is shown that timely and professionally performed urgent investigative activities, such as the examination of the crime scene, interrogation, arrest, search and seizure, judicial expertise allow to establish the fact of unlawful hunting of a suspect and degree of his guilt, character and amount of material damage, causes and circumstances of the crime.
Trofimets I.A. - Some problems regarding invalidity of marriage in accordance with the legislation of Russia, the CIS Member States and the Baltic States. pp. 378-454


Abstract: The article is devoted to the key problems regarding invalidity of marriage under the legislation of Russia, the CIS Member States and the Baltic States, as well as some other states.  The author studies topicali issues regarding the nature of institution of invalid marriage. The author analyzes the procedure for recognizing a marriage as an invalid one.  Nevertheless, the range of issues discussed by the author does not cover the entire list of legislative and practical legal problems in the sphere of invalidity of marriages.  It is noted in the article that any state is interested in healthy sustainable families.  The law forms various legal barriers against obviously inadequate marriages.  However, in spite of legal prohibitions, there are some violations when marriages are being concluded. The presence of fault in the marital conditions does not automatically make a marriage invalid, and some of these violations do not necessarily cause invalidity of marriage.
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