Электронный журнал Юридические исследования - №6 за 2017 год - Содержание - список статей - ISSN: 2409-7136 - Издательство NotaBene
Legal Studies
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MAIN PAGE > Journal "Legal Studies" > Contents of Issue № 06/2017
Contents of Issue № 06/2017
Law and order
Trush V.M., Gomonov N.D. - Existential of corporeality as a basis for the level of criminal contamination of a criminal personality pp. 1-25


Abstract: The authors suggest using the existential of corporeality – a philosophical and methodological ground, which is significantly important for the process of prognostication. This concept can be used for studying of a criminal personality, particularly, the level of his or her criminal contamination. The research object is the existential of corporeality as a source of a uniqueness of a personality. The research subject is the persons adjudicated for criminal actions – crimes against person, property, sexual freedom and sexual immunity, illegal production, purchasing, possession, transportation, passing or marketing of narcotic or psychotropic substances. The authors study the criminological phenomenon of a “criminal personality” from the position of the personality theory – G. Ammon’s humanstructurology. The research methodology is based on the laws and categories of materialist dialectic and the historical approach to the interpretation of social and legal phenomena. The research methods include the comparative analysis of averaged statistical coefficients describing the state of the humanstructure of personal peculiarities of criminals and law-abiding citizens. The scientific novelty of the study consists in the fact that the level of criminal contamination is defined not through the subjectivity of a personal belief, but on the basis of calculated indexes characterizing personal peculiarities of an individual. The authors substantiate the thesis about a system sustainable character of the existential of corporeality in the humanstructurology of personal peculiarities of adjudicated persons. 
Human and state
Belyaeva G.S., Antonova Z.D. - On the issue of the structure of the mechanism of political rights and freedoms protection pp. 26-37


Abstract: The authors systematize the existent approaches and analyze the structure of the mechanism of political rights and freedoms protection. The paper contains the description of the current juridical approaches to the definition of the structure of the mechanism of political rights and freedoms protection, which help formulate and offer a unified authors’ definition of the composition of this category. The authors detect and characterize the specific structural elements of this legal mechanism: the normative framework; the specific purpose, tasks and directions; the subject matter; the principles, guarantees, etc. The authors use various general scientific methods and ways of logical cognition: analysis and synthesis, abstraction, modeling, the system-structural, functional and formal-logical approaches. This article is a complex interdisciplinary study aimed at the elaboration of a general theory of legal mechanisms and the improvement of their effectiveness; it is a general theoretical conceptual study. The authors perform comparative analysis of scientific approaches to the understanding of the structure of the mechanism of political rights and freedoms protection and develop and offer its unified composition, define and characterize its specific components, which help interpret the mechanism of political rights and freedoms protection. 
Kabanov P.A. - Victimologic anti-corruption education: concept, content, forms and means of realization pp. 38-64


Abstract: The research subject is victimologic anti-corruption education as a criminological interdisciplinary instrument of corruption prevention. The purpose of the research is to reveal the content of victimologic anti-corruption education, forms and means of its realization, and to formulate its draft definition as a scientific category of the modern Russian corruption victimology. The main research tasks are: -         To find and to describe the main legal sources formalizing the need for anti-corruption education of the victims of corruption in the modern Russian society; -         To analyze the current and the stale Russian statutory documents on the issues of anti-corruption education of the victims of corruption; -         To reveal the content and the specificity of anti-corruption education of the victims of corruption. The research methodology is determined by the specificity of the research subject and includes the set of general scientific methods of cognition (analysis, synthesis, grouping, comparison, etc.). The scientific novelty of the study consists in the fact that the author is the first Russian legal scholar to elaborate the new concept of “victimologic anti-corruption education”, reveal its content, describe the new forms and means of its realization. The author studies victimologic anti-corruption informing and victimologic anti-corruption consulting. 
Kapustina V.A., Kozlova Y.A. - Problems of employment of retired government and municipal employees subject to anti-corruption restrictions pp. 65-72


Abstract: The research subject is the peculiarities of employment of government and municipal employees upon retirement. The authors analyze the legislative restrictions imposed on former government and municipal employees willing to enter a labor or commercial contract. The authors reveal the topical problems connected with the approval of a special commission responsible for the supervision over the observance of the requirements to the code of conduct of government employees and conflict of interest management. The research method is the theoretical analysis of statutory documents of the Russian Federation regulating the procedure of employment of former government and municipal employees. The authors conclude that the current legislation contains contradictions relating the obligation of former government and municipal employees to obtain approval of the commission supervising over the observance of the requirements to the code of conduct of federal government employees and conflict of interest management. The contradiction is connected with the obligation of a former government or municipal employee to obtain approval of this commission before official employment; it is significant impairment of labor rights of former government employees as compared with other applicants.  
Law and order
Nguyen T. - Comparative analysis of the mechanisms of the presumption of innocence principle realization at the pre-trial investigation stage in Russia and Vietnam pp. 73-83


Abstract: The paper considers theoretical issues of the mechanism of the presumption of innocence principle realization based on various points of view of Russian processualists. The author reveals the elements of the presumption of innocence principle realization using comparative legal analysis of criminal procedural legislation of Russia and Vietnam. Based on the analysis of law-enforcement practice, the author concludes that the presumption of innocence principle is secured more efficiently in Russia than in Vietnam. The author uses the comparative-legal method to compare the provisions of Russian and Vietnamese legislation and law-enforcement practice in this sphere; the statistical method to analyze various aspects of law-enforcement practice. The author substantiates the conclusion that the presumption of innocence principle can be realized by means of direct impact and other legal provisions of the Criminal Procedural Code aimed at the regulation of legal relations covered by the presumption of innocence principle. At the same time, in general, the Criminal Procedural Codes of the Russian Federation and Vietnam contain similar guarantees of the presumption of innocence principle realization, but the Russian Code contains a more comprehensive system of procedural guarantees. 
Practical law manual
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. 
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