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MAIN PAGE > Journal "Legal Studies" > Contents of Issue № 10/2018
Contents of Issue № 10/2018
Practical law manual
Baranov V.V. - Legal and Organizational Grounds of Activities Undertaken by the Department of Internal Affairs to Resist Extremism on the Global Network pp. 1-9

DOI:
10.25136/2409-7136.2018.10.27186

Abstract: The subject of the research is the legal and organizational grounds of activities undertaken by the Department of Internal Affairs to resist extremism on the global network. The object of the research is the fight against extremism spread on the global network. In his article Baranov analyzes some issues that may arise in the process of discovering and preventing extremism on the global network, and gives recommendations on how to improve the legal regulation of anti-extremism activities on the global computer network. To achieve the research targets, the author has applied general research methods such as empirical and theoretical analysis, and special qualitative and quantitative research methods. The research methodology is based on the analysis of legal acts that regulate activities undertaken by the Department of Internal Affairs to fight extremism. In particular, Baranov analyzes the legal acts of the Russian Federation that constitute the legal ground for activities performed by the Department of Internal Affairs to resist the spread of extremism on the global network. The scientific novelty of the research is caused by the fact that the author summarizes the researches of such scientists as N. Voronovich, A. Salakhutdinov, N. Lopashenko, E. Kubyakin, V. Stukalov and E. Zaporozhetsev, analyzes the federal law and measures undertaken by law-enforcement activities to fight against extremism at this stage, and gives recommendations regarding how to improve the organizational and legal mechanism of regulating the activity of the Department of Internal Affairs in the sphere of fighting against extremism on the global network. 
JUDICIAL POWER
Kuznetsov E.N. - The Right to Perform Judicial Decisions and the Right to Judicial Protection: the Relationship Issues pp. 10-20

DOI:
10.25136/2409-7136.2018.10.27595

Abstract: In his article Kuznetsov focuses on how the right to judicial protection relates to a new legal category of the national legal doctrine called 'the right to perform judicial decisions'. The author analyzes the background of this category in the experience of the European Human Rights Court and analyzes the main concepts of the right to claim and the right to judicial protection. Kuznetsov also analyzes the effect of the right to perform judicial decisions on the aforesaid concepts and describes the role of the right to perform judicial decisions in relation to the common law category, the right to a fair trial. To write his article, Kuznetsov has used historical law, formal law and formal domatic methods, interpretation of legal ideas, analysis and synthesis. The main conclusions of the research are as follows: the right to perform judicial decisions is recognized at the level of the international legal community and judicial practice of the European Human Rights Court; the Russian legal doctrine analyzes the right to claim and the right to judicial protection disregarding the essence of the right to perform judicial decisions as an essential element of these legal categories; common intepretation of the right to judicial protection as being complete after a judicial decision comes into force is insufficient; and the right to perform judicial decisions has substantive and procedural aspects. 
Law and order
Garmaev Y.P., Chumakov A.V. - Theoretical and Applied Aspects of the Developing Concept of Anti-Crime Education as a Form of Forensic Prevention pp. 21-29

DOI:
10.25136/2409-7136.2018.10.27664

Abstract: Based on the analysis of theoretical and practical issues of the forensic prevention theory, the authors analyze the place of a rather new form, anti-crime prevention, therein. By analyzing the example of the creation and implementation of the fraud investigation method during the receipt of payments, the authors emphasize the need and demonstrate the process of creation of anti-crime education that has another structure and is completely different from the recommendations and guidelines for laywers as professional participants of the criminal procedure. The authors describe the process of creating an educational brochure and mobile application that would allow to overcome typical stereotypes of citizens about uncriminal nature, undedictability and unpunishability of particular socially dangerous offences. The authors conclude that there should be similar mobile applications of educative and anti-crime nature to be developed and implemented.
Договор и обязательства
Andryushchenko A.V. - Features and System of Organizational Contracts pp. 30-42

DOI:
10.25136/2409-7136.2018.10.21315

Abstract: The subject of the research is the organizational contracts' system that has been developing as part of the civil law contracts. The objectives of the research is to classify and systematize the variety of organizational contracts. Andryuschenko pays special attention to classification criteria as well as analysis of organizational contracts that can be defined based on these criteria. The author examines such aspects of the topic as general and specific functions of organizational contracts that are viewed by the author as one of possible criteria for organizational contracts. The methodological basis of the research involves dialectical, systems, inductive and deductive research methods as well as functional and formal law methods. The novelty of the research is caused by the fact that the author uses the functional criterion to define organizational preliminary contracts and organizational optimizing contracts. Preliminary contracts create the legal bond between the parties while optimizing contracts either change or eliminate the legal bond. The author concludes that the structure of the organizational contract system depends on the relation of the organizational contract to special contractual structures. The organizational contract system is represented by accessory organizational contracts created using special contractual structures, of the one part, and self-sufficient organizational contracts that are not based on any legislative models, of the other part. 
Avdeeva N.I. - Responsibility for a Failure to Pay Aliment pp. 43-50

DOI:
10.25136/2409-7136.2018.10.27951

Abstract: The article is devoted to the main kinds of responsibility for non-performance or improper performance of aliment payment. Avdeeva emphasizes the social important of aliment, especially those payable for underaged children and disabled parents, for this purpose not only private law (civil and family law) but also public law (criminal, administrative law) responsibility is being imposed. The public responsibility is caused, first of all, by the special nature of aliment relations and enforcement of certain aliment responsibilities in the Constitution of the Russian Federation. Special social importance of these aliment responsibilities create direct criminal and administrative responsibility for their non-performance. However, based on the author, enforcement of Article 157 of the Criminal Code of the Russian Federation for non-payment of aliment for underaged children may have negative consequences for a child if it creates a criminal record of a parent, therefore the researcher suggests to view this crime as a private charge. Private responsibility for non-performance or improper performance of aliment payment in this case is payable as a forfeit based on the law or aliment agreement or as a recovery of damage that is left uncovered by a forfeit. The author of the article underlines that only actual damage incured by an aliment receiver is payable. Considering the great social importance of aliment payments, especially for underaged children, the researcher emphasizes the need to legally enforce a compensation for moral harm for non-payment or improper payment of aliment. 
Practical law manual
Belyaeva E.R. - Tactical Features of Pre-Investigation Check on Falsification of Results in the Process of Investigation and Search Operations pp. 51-56

DOI:
10.25136/2409-7136.2018.10.22492

Abstract: In her article Belyaeva examines tactical features of pre-investigation check on falsification of results of investigation and search operations and focuses on the inspection of the schene as an essential investigative action that allows to define a variety of circumstances of the committed crime already at the initial stage. The author describes tactical features of such investigative action and defines participants of the aforesaid process taking into account specific features of the crime committer pursuant to Part 4 of Article 303 of the Criminal Code of the Russian Federation. The research involves the variety of general and special research methods and bases on the fundamental concepts of legal theorists, criminalists, psychologists, philosophers, experts in the information theories, labour management and optimizing control. The novelty of the research is caused by the fact that for the first time in the academic literature the author examines tactical features of the process of scene inspection in case of falsification of results of the investigation and search operations. Based on the research results, the author offers particular organizational tactical recommendations that relate to discovering and investigating this kind of crime at the initial stage of the research.  
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