No 3 (25) (2019)
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EDITORIAL
LAW
7-12 262
Abstract
The article reveals the definition, object, and content of monitoring of the law-making powers of the subjects of the Russian Federation, and its place in the system of state legislation monitoring in general. The author concludes that only well-structured and organized monitoring could make a positive contribution. Such monitoring is in need of significant methodological support. It should meet the requirements of adequacy, consistency, and regularity. The efficient monitoring is possible when scientific and methodological, organizational, financial, personnel and regulatory support are realized adequately.
13-17 197
Abstract
The article examines the background of the reform of the arbitration proceedings and its results so far in terms of civil society development.
18-23 203
Abstract
The article analyzes the process of formation and activity of the native courts in the Khanty-Mansi Autonomous Okrug in the second half of the 1920s. The article is based on unpublished archival materials. According to the author, the creation of the native courts pursued two main objectives namely political and economic. However, the native courts have not demonstrated high activity in their work.
24-29 274
Abstract
The article provides a comparative legal analysis of the legal acts of subjects of the Russian Federation, which determine the measures of support for socially oriented non-profit organizations by the authorities. Recommendations for law-making and law enforcement bodies of the states are made.
30-35 251
Abstract
The article proposes a comparative analysis of the legal regulation of the territorial public self-government on the federal, regional and local levels. The current topics of the legal regulation of activities of the territorial public self-government are considered. Recommendations for improvement of the legal regulation of the territorial public self-government are formulated.
36-41 291
Abstract
The article considers the essence of the social state and addresses the question of its limits (the extent of the guaranteed social rights). The author notes that excessive extension of the social state (which involves the formation of the consumer relations of citizens and risk of development of that state into paternalistic), as well as its excessive narrowing up to complete elimination of some social rights, is unacceptable. At the same time, the author concludes about a need for establishing the minimum financial norms that would guarantee the realization of constitutional legal statuses of the Russian Constitution on the social state.
42-46 175
Abstract
The article considers the categorical framework of the developing law institution of the enforcement proceedings. The aim of the study is a systematic analysis of scientific ideas and views of a problem of institution improvement of enforcement proceedings. The research task is the interconnection of the categorical framework and position determining of enforcement proceedings in the law-enforcement activity.
47-49 125
Abstract
The article discusses the issues of strengthening the status of the State Duma of the Federal Assembly of the Russian Federation, as well as the interaction of the executive and legislative branches of government. Representations of the author on several topical issues in improving the powers of the lower house of Parliament are presented. In particular, the interaction of the Govern-ment of the Russian Federation and the State Duma of the Federal Assembly of the Russian Federation was analyzed.
50-53 2225
Abstract
The article discusses the peculiarities of determining the size of “mixtures” containing narcotic drugs and psychoactive substances, their influence on the qualification of crimes in the sphere of illicit traffic in narcotic drugs and psychoactive substances, the problems that arise and ways to solve them.
54-59 353
Abstract
The article considers issues of a criminally-legal qualification of actions of several drivers having attributes of the crime stipulated in article 264 of the Criminal Code of the Russian Federation.
60-64 183
Abstract
The article analyzes the possibilities of stimulating law-abiding behavior of convicts serving sentences in the colony-settlement. The author considers the possibility of the convict's residence outside the colony as one of the measures stimulating socially active behavior. The shortcomings in the content of the norm on living outside the colony-settlement, preventing the effective stimulation of law-abiding behavior are revealed. Specific measures are proposed to improve the legislation in the sphere of living outside the colony-settlement.
65-70 729
Abstract
The article considers the problem of determining the terms of imprisonment as long-term. Statistical data of the Federal Penitentiary Service of Russia for the convicts (terms of sentences) are analyzed. The perspective of scientists on the issue of attribution terms of imprisonment to long-term is revealed. The author states the concept of “long-term imprisonment” and defines its time criterion. The opinions of the correctional officers of the Federal Penitentiary Service of Russia in Vologda Oblast, who directly interact with the convicts, are presented. The study results of the convicts’ opinions on the issue of determining the terms of imprisonment as long-term are provided. The article discusses the criteria for the duration of imprisonment, as well as the appointment and execution of sentences in the form of long-term imprisonment. The analysis of the influence of long-term isolation from society on the personality of the convict is given.
71-76 155
Abstract
The article discusses sea basins as routes used by drug dealers for the transport of narcotic drugs, as well as various methods of their movement by sea vessels.
77-82 324
Abstract
The paper is devoted to an analysis of the purpose of the victim’s organs and tissues removal as an aggravating factor of trafficking in human beings. Disputability of the current wording of Article 127.1 of the Criminal Code of the Russian Federation in terms of the fundamental principles of criminal law and criminal policy is noted. Possible ways of its further improvement are proposed.
83-88 363
Abstract
The article defines the concept of violent crimes committed by minors and young adults motivated by national hatred. The concept is thought of as deliberate illegal socially dangerous actions of persons aged from 14 up to 30 years, intended to inflict physical and psychological harm on another person (or group of people), against their will, caused by prejudice concerning visible signs of belonging to other nationality. Problems of interpretation of the terms “violence”, “maleficent violence” and “criminal violence” are revealed. The author pays attention to specifics of criminal violence of the minors and young adults motivated by national hatred.
89-94 592
Abstract
The article describes in detail the tactics of interrogation and methods of influence on victims and witnesses to obtain reliable information on the investigated crimes related to illegal arms trafficking. Scientific novelty and relevance of the study are the effectiveness of establishing psychological contact between the investigator and the interrogated person for obtaining the necessary information as soon as possible.
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