DOI: 10.7256/2409-7810.2014.3.13920

Abstract: The problem of socially dangerous entrenchments criminalization criteria is very urgent for the modern penal science and lawmaking. The development of penal lawmaking conceptual base is of a big importance for the international community, as it determines combating crime effectiveness. As the criteria of criminalization, the author considers theoretical substantiation of social danger of particular actions, which are based on the analysis of law enforcement activity, including the investigative practice. This article considers the existing international standards of the entrenchments on the citizens’ rights criminalization, which determine the grounds of the existing conceptual base of combating crime. The methodology of the research includes the complex of the general scientific and the special methods of the objective social and legal reality understanding in the area of the research: the methods of analysis, synthesis, systematization and generalization, the formal logical method, the statistical and sociological methods. The article studies and analyzes the theoretical and practical grounds, the Russian and international standards of socially dangerous entrenchments criminalization. The findings of the research can be used by the law enforcement bodies, possessing the right of law making initiative, by students, postgraduates, and others interested in jurisprudence. 

DOI: 10.7256/2409-7810.2014.3.12041

Abstract: The subject of the research are the normative legal acts, the law-enforcement practice, the spheres of activities, and the condition of theoretical development of management in the elements of non-departmental police guard, directed at the provision of property security of legal persons and physical persons after the reforming of this police service and the formation of this status as a federal public institution. The article is aimed at the formation of understanding of the management model of non-departmental police guard elements administration, its essence, specificity, and peculiarities in the modern conditions. The methodology of this research is based on the works of the Russian and the foreign scholars about the problems of non-departmental police guard elements management and activity arrangement, the works in the sphere of law and law-enforcement activities, among them are the works of G.V. Atamanchuk, D.N. Bezryadin, O.S. Vikhansky, M.Kh. Meskon, G. Mintsberg, E.F. Yas’kov, and others. The author used the system method, the logical method, the structural-functional method, the comparative-legal method, and the statistical and sociological analyses. The scientific originality of the research consists in the fact that in considers the peculiarities of management activity in the elements of non-departmental police guard after the reforming of this police service and the formation of this status as a federal public institution. The research is based on the complex analysis of normative and legal resources, scientific and special literature. This analysis gives the opportunity to form the understanding of the management model of non-departmental police guard elements administration, its specificity and peculiarities, which finally allows finding the ways of property security of legal persons and physical persons provision enhancement. 

DOI: 10.7256/2409-7810.2014.3.13897

Abstract: The principles and institutions of democracy are developing in a complicated and a contradictory environment. Therefore the state should apply every effort in order to provide law and order, and to protect the citizens during social and political events. In the conditions of political instability the number of separatist and extremist tendencies has been increasing in the Russian society. In this relation it is important more than ever to create the additional legal and organizational mechanisms of the imperfections of the Russian political system development minimization. The right to organization, holding and participation in meetings, rallies, demonstrations, processions, and picketing is a democratic and constitutional value. It allows the citizens and the associations to participate in the political life of the state, to inform the authorities about their demands, and to champion their interests in a wide range of social problems. The methodology of the research consists of the up-to-date achievements of epistemology. The author uses the general philosophical and theoretical methods (dialectics, the system approach, analysis, synthesis, analogy, deduction, observation, modeling), the traditional juridical methods (formal logical), and the methods which are used in the special sociological research (the statistical method, expert evaluations, etc.). 

DOI: 10.7256/2409-7810.2014.3.13925

Abstract: It is noted in the article that qualification of a crime is the establishing of the features of the act committed to the elements of a crime as it is provided by the criminal code of the Russian Federation. Some questions of multiple crimes qualification are connected with the consideration of the guilty person’s activity as a process, developing in time and space. Qualification, as a part of the competent officials’ or judges’ work on the criminal law application, is a cognitive process of a law enforcer, which includes the establishing of the features of the act committed to the elements of a crime as it is provided by a legislator. The methodology of the article consists of the up-to-date achievements of epistemology. The author uses the theoretical and general philosophical methods (dialectics, the system approach, analysis, synthesis, analogy, deduction, observation, modeling), the traditional juridical methods (formal-logical), and the methods, which are used in special sociological research (the statistical method, expert evaluations, etc.). The author comes to the conclusion that the result of such establishing is a legal evaluation of the act committed. The subject of the research, relating to multiple crimes, is based in this methodology.

DOI: 10.7256/2409-7810.2014.3.9914

Abstract: The workers of public health system in general and the doctors in particular, are among the most vulnerable and juridically unprotected categories of employees from the viewpoint of criminal law application [1]. The actions and the measure of punishment for doctors are set in the article 124 of the Criminal code of the Russian Federation (“Failure to render aid to a sick person”). The today version of this article reads: 1. “Failure to render aid to a sick person without valid reasons, by a person who is duty-bound to render it in keeping with the law or with special rules, if this has entailed by negligence the infliction of injury of average gravity to the health of the sick person, shall be punishable by a fine in the amount of 50 to 100 minimum wages, or in the amount of the wage or salary, or any other income of the convicted person for a period of one month, or by corrective labour for a term of up to one year, or by arrest for a term of two to four months. 2. The same act, if it has involved, through negligence, the death of the sick person or the infliction of grave injury to his health, shall be punishable by deprivation of liberty for a term of up to three years, with the deprivation of the right to hold specified offices or to engage in specified activities for a term of up to three years, or with the permanent deprivation of such right”.