Vol 20, No 11/1 (2014)

In the article acting in criminal proceedings of the Russian Federation norms and institutions that allow the disposition of case not on the basis of establishment of the truth are highlighted. Their development trends are shown. Separately the critical assessment of special production with the consent of the accused with the charges against him is given. It is argued that the multiplication of such institutions is unreasonably estimated as humanistic trend. On the basis of scientific principles of creative heritage of professor S.A. Sheifer the conclusion is made that modern special productions, based on the confession by the accused of his guilt and which presupposes the denial on this basis from the establishment in the court of real circumstances of crimes should be subject to audit taking into consideration the correspondence to the requirements and state of modern civil society in Russia.

The article is devoted to the questions of objective truth as the goal of proof, its correlation with the aim of proof, the role of court in establishing objective truth in a criminal case. Problems of reform of criminal procedure legislation are touched upon. The possibility of establishing objective truth as a result of criminally￾remedial proof, of the fallacy to judge in modern conditions from the goal of proof and goal of criminal process in general and also inadmissibility of laying on the court the duty to fill in the gaps of proof made by the authorities of criminal prosecution authorities in pre-trial proceedings is established.

In the article the issue on effectiveness of new criminal procedure form introduced by the Federal Law from 04.03.2013, no. 23-FZ – abbreviated inquiry is viewed. According to the opinion of authors, effectiveness of any procedure is determined by its ability to reach the purpose of criminal proceeding, stipulated in section 6 of the Criminal Procedure Code of the Russian Federation. Analysis of the grounds, conditions, procedures of an abbreviated inquiry, rules of evidence used in this form of justice, allows authors to draw a conclusion about non-compliance of the procedure of abbreviated inquiry procedure with the criteria of effective judicial procedure, and hence the inability of this procedure of the defense of rights of parties to a trial. In this regard, the authors put forward a number of proposals on improving the procedure of abbreviated inquiry.

In the article the process of implementation of criminally￾remedial law, containing measures of coercion in the context of mechanism of legal regulation is viewed. The author substantiates thesis about existence in the system of existing domestic criminally￾remedial regulation of two mechanisms of involuntary influence on the participants of criminally-remedial relations, distinguished by their functional characteristics of legal norms: 1) a mechanism for ensuring appropriate and full implementation of protective norms of modern domestic procedural criminal law; 2) mechanism for ensuring implementation of regulative norms of modern domestic procedural criminal law.

In this article the questions on the necessity of participation and role of an injured person on the stage of execution of a sentence. Attention is given to the ensuring the rights of an injured person by the court in criminally-remedial activity on this stage of criminal process. The historical background of emergence of an injured person on the stage of execution of a sentence, development and transformation of legislation in this direction is shown. The position of the Constitutional Court of the Russian Federation on the question of participation of an injured person in the court’s consideration of issues arising in the process of execution of a sentence is analyzed. Suggestions on improving the existing legislation are expressed.

In the article categorial apparatus of modern criminal law of Russia, that is used in legislation and law enforcement practice of counteraction to crimes of violence is researched. Special attention is paid to juridical and dogmatic analysis of types of violence, correlation of definitions of physical violence and threat of its use, legislative classification of crimes of violence and separate questions of its qualification.

In the article the features of functioning of the system saving mechanism in law are analyzed; detailed characteristic of its structure and the contents is given, value of this mechanism for providing system characteristics of law, integrity and unity of legal matter is revealed. Intersectoral and sectoral levels of activity of system saving mechanism in law are carefully investigated. The sectoral level of functioning of above mentioned mechanism is expanded on the example of sector of Russian criminal law. With this mechanism in criminal law field the sectoral system has certain treatment, linkage and harmonization of its elements is ensured, that is the required level of its intraindustry coherence will be achieved that eventually promotes combat effectiveness of criminal law, facilitates law enforcement activity and ensures the maintenance of the mode of legitimacy in the state.

In this article, authors carry out analysis of legislative regulation of deferment of sentence to persons addicted to drugs. This type of delay is provided in Article 82.1 of the Criminal Code of the Russian Federation. Also, authors discuss some of the issues concerning the provision of deferment of sentence to persons suffering from drug addiction. Based on available observations the author’s version of Article 82.1 of the Criminal Code of the Russian Federation is given.

In the article one of the basic principals of modern constitutionalism is observed – the principle of division of powers. The author of the article analyses the history of forming of the principle of division of power, its development and actual practice of its realization in Russia and in foreign countries. As a result the author of the article comes to the conclusion that realization of principle of division of power in modern conditions can’t be of absolute character because it doesn’t reflect the historical patterns of functioning of public power. As a result in the article it is proposed to bring in amendments in the Article 10 of the Constitution of Russia.

The problem of relevance of state and municipal officials’ professional activities motivation as an official anti-corruption standard is elucidated in this article. The meaning of officials’ professional guidelines as a condition of public administration legality is uncovered.

In the article the critical analysis of main civil legislation novels considering the legal persons’ local regulation acts such as constituent documents, internal rules and other internal documents of an organization is given. The tendency of decrease of regulation value of statute is noted. Special attention is paid to the process of approval and adjustment of constituent document.

In the article questions of concept, classification and organization of internal financial control aimed at providing a mode of legality, expediency and efficiency of formation, use and distribution of financial funds, and also types and ways of distortion of the financial account and data of financial statements are considered. Conclusions are drawn on need of application of integrated,
intersectoral approach to suppression and elimination of consequences of economic and financial offenses, on need of differentiation of criminal and legal, administrative, financial and civil regulation of actions connected with distortions of financial statements, revealed by means of financial control, introduction of concept of financial offense, adoption of the Federal Law «About bases of financial control in the Russian Federation» is offered.