Электронный журнал Юридические исследования - №2 за 2014 год - Содержание - список статей - ISSN: 2409-7136 - Издательство NotaBene
Legal Studies
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MAIN PAGE > Journal "Legal Studies" > Contents of Issue № 02/2014
Contents of Issue № 02/2014
Transformation of legal systems
Lapaeva V.V. - Privatization of socialistic property: constitutional and phylosophical legal analysis. pp. 1-46


Abstract: The article provides some approaches towards constitutional and philosophical legal analysis of problems regarding privatization of socialistic property. Evaluation of privatization in accordance with the Constitution of the Russian Federation is provided from the following standpoints: 1) departure from the constitutional provisions on equality of all people in court and under law; 2) violations of privatization legislation; 3) non-lawful (contradictory to the legal principle of formal equality) character of de-socialization of the socialistic property via its privatization.  From the standpoint of philosophical legal approach the author substantiates the thesis that the socialist property in principle may not be transferred from the state to private owners (privatized), since by its nature it belongs to the society and not to the state.  From that standpoint the author analyses the scientific and practical potential of the civilist concept - the concept of post-socialist social order, which is based upon the new form of individual (not public, and not private) property as a result of application of the legal principle of formal equality to the process of de-socialization of socialist property. The author substantiates the value of this concept for defining constitutional legal parameters for the social contract on property, without which normal economic and political legal development of the state is not possible.
Human and environment
Averina K.N. - Specific features of land relations in the Scandinavian states. pp. 47-77


Abstract: The article concerns specific features of land relations in Iceland, Norway, Findland and Sweden presented via the analysis of the legislative norms on registration of titles to land, and comparative analysis of types of titles and rights to land. Additionally, attention is paid to the land use categories with due regard to the specificities and main characteristic features of the Scandinavian states. Additionally to the analysis of legislative norms of the said states, the article presents materials on the size of their territory and structure of land funds, as well as the tendencies of development of the proprietary rights in Fennoscandian states.  Denmark, Iceland, Norway and Sweden are traditionally recognized as Scandinavian states. Finland is not a Scandinavian state due to its geographic situation outside the Scandinavian peninsula and its language, however, attention is paid to the land relations in Finland, since this state is traditionally regarded as being part of the Scandinavian economic and cultural territory. Based upon the analysis of legislative norms of such Scandinavian states as Iceland, Norway, Finland and Sweden, the author analyzes the institution of proprietary rights to the land plots.  The author also discusses the main tendencies of development of the land legislation of the above-mentioned states. It is typical for all of these states that the rules for certain types of land use are regulated by the sources, which also regulate the relevant types of activity, and it is noted that the system of such sources is unique for each of these states due to their international economic specialization and traditions in the use of land resources.
History of state and law
Zurnachyan A.S. - Legal position of land owners in the Eastern Armeina in XIX century. pp. 78-94


Abstract: The article concerns specific features of legal status of the class of the land owners in the Eastern Armenia, characteristics of their proprietary and non-proprietary rights in the period both before the Eastern Armenia joined the Russian Empire (the first quarter of the XIX century) and after the Armenian lands were included into the Russian Empire. The author analyzes the types of land ownership, such as mulkadar (landed gentry) and tiul, provides their main characteristics, types and legal nature. The changes of the state to which the Armenian lands belonged caused serious changes in its social, economic, political structure and legal system.  The indicator of these changes was the position of the people, including owners of land, land being the main source of production.  The article includes analysis of the legislative acts aimed at defining rights and obligations of landowners within the new government system. The author pays special attention to the legal status of the Armenian church, as one of the largest landowners of the time and an active participant in the political life of Armenia.  The article uses the following general scientific methods: description, analogy, analysis, synthesis, logical and historical modeling.  The author also used a dialectic cognition method in order to analyze various points of view on the development of legal status of the landowners and its elements.  When writing this article the author also used special methods: historical legal method, comparative historical method, comparative legal method, formal logical method, systemic method. The combined application of the said methods allowed to achieve the goals and aims of the study. For the first time the author systematizes all of the legislative acts, archive information and studies on the issue of legal status of landowners in the Eastern Armenia in the XIX century.
Practical law manual
Zvyagin V.N., Fomina E.E., Rakitin V.A. - 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.
Kutsenko K.I., Kul'bitskii B.N., Makarov I.Y. - 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.
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