DOI: 10.7256/2454-0692.2017.2.21806

Abstract: The article considers the problems of linking death or bodily injuries of a public law-enforcement officer with official duties performance. The author analyzes the legislation and the judicial practice, gives attention to disputable aspects of differentiation of a legal status of persons, suffering from such damage in the result of implementation of important functions of law-enforcement agencies, and persons, harmed in the process of performance of other duties. The author formulates recommendations, aimed at the development of the system of insurance and other guarantees in this sphere. The research methodology is based on the dialectical method of scientific cognition, general scientific methods (analysis, synthesis, deduction, induction, analogy) and specific research methods (system-analytical, complex, formal-legal, etc.). The author suggests finding out, whether the damage was caused by the actions of other persons or the actions (or negligence) of the damaged person himself/herself, to define the link between death or bodily injuries of a public officer with the performance of his/her official duties. The author substantiates the necessity to transfer the task of determination of causal link from military physician boards to permanent payment commissions. 

Keywords: law enforcement agency, public officer, guarantees, causal link, compensation of damage, performance of duties, death, injuries, health damage, damage to life

Abstract: based on the decision of the Constitutional Court of the Russian Federation the article describes the issue in protection of the rights of the victims of the road traffic accident. The article studies the guarantees of the rights protection of the victims and a number of suggestions are made how to improve the law-enforcement experience in the sphere of the protection of the rights of the family members of the deceased.

Keywords: accident, victim, death, suspect, protection, family-member, deceased, lightbar, signal, examination, right.

DOI: 10.7256/2454-0692.2016.2.18109

Abstract: The long dispute over the protection of business owners’ rights in the cases of illegal takeovers of business has been solved by amending the current criminal law with several articles, which provide punishment for such criminal actions. Most legal novels of this kind are contained in the chapter 22 of the Criminal Code of the Russian Federation, and are officially recognized as crimes in the economic sphere. The analysis of regulatory provisions on illegal takeovers gives the reason for doubts both in the chosen form of the object of legal protection, and in the necessity to criminalize such actions. The research methodology is based on the historical analysis, comparative analysis, the method of division of notions, the system and statistical methods. The author concludes that: 1. the analysis of regulatory provisions on illegal takeovers gives the reason for doubts both in the chosen form of the object of legal protection, and in the necessity to criminalize such actions; 2. the commentaries of the Plenum of the Supreme Court of the Russian Federation on the peculiarities of application of these provisions are necessary.

DOI: 10.7256/2454-0692.2016.2.67490

Abstract: The long dispute over the protection of business owners’ rights in the cases of illegal takeovers of business has been solved by amending the current criminal law with several articles, which provide punishment for such criminal actions. Most legal novels of this kind are contained in the chapter 22 of the Criminal Code of the Russian Federation, and are officially recognized as crimes in the economic sphere. The analysis of regulatory provisions on illegal takeovers gives the reason for doubts both in the chosen form of the object of legal protection, and in the necessity to criminalize such actions. The research methodology is based on the historical analysis, comparative analysis, the method of division of notions, the system and statistical methods. The author concludes that: 1. the analysis of regulatory provisions on illegal takeovers gives the reason for doubts both in the chosen form of the object of legal protection, and in the necessity to criminalize such actions; 2. the commentaries of the Plenum of the Supreme Court of the Russian Federation on the peculiarities of application of these provisions are necessary.

Keywords: ekonomicheskie prestupleniya, ob'ekt ugolovno-pravovoi okhrany, interesy gosudarstvennoi vlasti, reiderskie zakhvaty, reglamentatsiya reiderskikh deistvii, reiderstvo, mezhdunarodnoe finansirovanie, khozyaistvuyushchii sub'ekt

DOI: 10.7256/2454-0692.2014.4.12581

Abstract:

DOI: 10.7256/2454-0692.2014.4.65332

Abstract: The article provides analysis and evaluation of scientific and practical importance of a PhD thesis on criminology regarding fighting corruption in police. The author discusses the key positions of the PhD thesis regarding testing authenticity of results and recommendations on prevention of corruption crime in a specific professional environment. The author discusses specific features of scientific school in the sphere of criminology, within which the PhD thesis was written. The problem of corruption and fighting its multiple manifestations is very topical in many respects: disciplines, consequences, reaction, spread, etc. It is quite rarely that truly topical aspects of anti-corruption issues are singled out of these long lists, becoming institutional due to common character and false beliefs in incurability of corruption. The methodological basis for the dissertation was formed by the current achievements of the theory of cognition. In the process of studies the author used general philosophical, theoretical and empiric methods (dialectics, systemic method, analysis, synthesis, analogy, deduction, observation, modeling), traditional legal methods ( formal logic method), and methods typical for specific sociological studies (statistical, expert evaluation, etc.). While establishing topicality of the study, one should take into account the institutional problems. Corruption in the police lowers efficiency of implementation of state assignments on guaranteeing security of person, society and state. The general consequences of spread of corruption in the police include a weak society and, consequently, a weak state. The degree of substantiation of scientific positions, conclusions and recommendations provided for in a PhD thesis depend on whether object, subject and goals of the study are correctly established. The object of studies in the PhD is a complex of social relations, causing criminological opposition to corruption crime in police. The immediate object of studies involves general and criminological characteristics of corruption in police, its cause-and-effect links, personality of a corrupt officer and victim of such a crime, general and specific anti-corruption measures for the prevention of corruption in the police.

Keywords: police, policeman, corruption, opposition, fighting, coercion, responsibility, sanction, method, corrupt