Vol 20, No 11/1 (2014)

Articles

TRANSFORMATION OF LEGAL REGULATION AND SCIENTIFIC

Sheifer S.A.

Abstract

The article is devoted to the questions of legal regulation of investigatory actions at the present stage. The analysis of foreign and Russian legislation, on the basis of which the tendency of «penetration» into the system of investigatory actions and special investigation activities and non-traditional methods of proof»
(in particular, polygraph examination) is carried out. Based on the rules of legal regulation of investigatory actions, illegality of merger of special investigation activities and «unconventional methods» with investigatory actions is shown.

Vestnik of Samara University. History, pedagogics, philology. 2014;20(11/1):11-22
pages 11-22 views

ON NORMS AND INSTITUTIONS ADMITTING DISPOSITION

Grigoriev V.N.

Abstract

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.

Vestnik of Samara University. History, pedagogics, philology. 2014;20(11/1):23-28
pages 23-28 views

THEORETICAL VIEWS OF PROFESSOR S.A. SHEIFER ON CONCEPTUAL PROBLEMS IN THE THEORY OF PROOF

Zaitsev O.A.

Abstract

In the article theoretical views of honored jurist of the Russian Federation, Doctor of Legal Sciences, professor Semen Abramovich Sheifer on conceptual problems of the theory of proof contained in the monograph «Evidence and proof in criminal cases», which was published by the publishing house «Norma» in 2008. The views of S.A. Sheifer on the problem of truth in criminal
proceedings as the ultimate goal of proof, standard definition of proof and its properties, including such as affordability, ability to use in proving the results of procedural criminal activity are analyzed.

Vestnik of Samara University. History, pedagogics, philology. 2014;20(11/1):29-35
pages 29-35 views

TRUTH IN MODERN RUSSIAN CRIMINAL PROCEDURE

Shadrin V.S.

Abstract

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.

Vestnik of Samara University. History, pedagogics, philology. 2014;20(11/1):36-42
pages 36-42 views

INVESTIGATIVE POWER AND ITS ROLE IN THE IMPLEMENTATION OF JUSTICE ON CRIMINAL CASES IN THE RUSSIAN FEDERATION

Kornukov V.M.

Abstract

The article is devoted to the analysis of nature of investigative power, elucidation of its presence in the criminal justice and the role of implementation of justice on criminal cases. The relation between the powers of investigative and supervising authorities, legal consequences of procedural decisions of preliminary investigation agencies and their relationship with final conclusions of the court on a criminal case is analyzed. On the basis of analysis of scientific literature, historical sources and modern law enforcement practice, the conclusion about the problem is made. Controversial issues of practice of application of the norms of criminal procedure are also viewed.

Vestnik of Samara University. History, pedagogics, philology. 2014;20(11/1):43-49
pages 43-49 views

ABBREVIATED INQUIRY: DOES THE PROCEDURE COMPLY WITH THE PURPOSE OF CRIMINAL JUSTICE?

Kuvaldina Y.V., Lazareva V.A.

Abstract

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.

Vestnik of Samara University. History, pedagogics, philology. 2014;20(11/1):50-61
pages 50-61 views

FORMAL AND INFORMAL IN THE INTERACTION OF THE COMMISSIONER FOR HUMAN RIGHTS WITH LAW ENFORCEMENT AGENCIES

Tarasov A.A.

Abstract

In the article the practice of official communication of the Commissioner for human rights in the Samara Region, adviser of whom the author was for seven years, with the law enforcement agencies of the Region in connection with the consideration of citizens’ complaints about the actions of officers of these agencies is analyzed. Specific examples showing the relation between documentary and bureaucratic and substantial sides of this interaction are given. Positive experience of work of the Commissioner for human rights in the Samara Region in the sphere of cooperation with law enforcement agencies is generalized, and existing problems are also revealed.

Vestnik of Samara University. History, pedagogics, philology. 2014;20(11/1):62-69
pages 62-69 views

ON THE MECHANISM OF CRIMINALLY-REMEDIAL COERCION

Vershinina S.I.

Abstract

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.

Vestnik of Samara University. History, pedagogics, philology. 2014;20(11/1):70-76
pages 70-76 views

JUDICIAL CONTROL OVER A CHALLENGE OF A LAWYER: PROBLEMATIC ASPECTS

Taran A.S.

Abstract

Judicial control over the challenge of a lawyer raises many questions. In practice, the opportunity to appeal this decision of the investigator (interrogating officer) in a judicial proceeding is not always recognized. Meanwhile, decision of the Constitutional Court gives rise to a clear conclusion that the appeal is admissible. Forming practice of administration of complaints on the decision of an investigator (interrogating officer) about a challenge of a lawyer indicates the presence of a number of procedural violations. Among them: failure to notify the client of an attorney about the time and place of litigation, incorrect determination of jurisdiction, invalidity of court’s decisions.

Vestnik of Samara University. History, pedagogics, philology. 2014;20(11/1):77-83
pages 77-83 views

ENSUREMENT OF RIGHTS OF AN INJURED PERSON ON THE STAGE OF EXECUTION OF A SENTENCE

Ivanov V.V.

Abstract

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.

Vestnik of Samara University. History, pedagogics, philology. 2014;20(11/1):84-88
pages 84-88 views

TIME AND PLACE OF COMMITING CRIME AS AN ELEMENT OF CRIMINAL CHARACTERISTIC OF CRIMES COMMITTED WITH THE USE OF ELECTRONIC PAYMENT INSTRUMENTS AND SYSTEMS

Olinder N.V.

Abstract

In the article peculiarities of time and place of committing crimes committed with the use of electronic payment instruments and systems as independent elements of criminalistic characteristics are viewed. Characteristic peculiarities of electronic payment systems and the field of electronic payments, affecting the appearance of relationship between place and time of commiting considered crimes. Practical advice on using selected features in the investigation of crimes committed with the use of electronic payment instruments and systems are given.

Vestnik of Samara University. History, pedagogics, philology. 2014;20(11/1):89-93
pages 89-93 views

VIOLENCE AND ITS TYPES IN RUSSIAN CRIMINAL LAW: ISSUES OF METHODOLOGY, THEORY AND PRACTICE

Bezverkhov A.G.

Abstract

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.

Vestnik of Samara University. History, pedagogics, philology. 2014;20(11/1):94-110
pages 94-110 views

OFFICIAL CRIMES: PROBLEMS OF REGULATION AND APPLICATION IN CONDITIONS OF COMPETITION OF NORMS

Klenova T.V.

Abstract

The present article concerns the bases and limits of specification of criminal law, problems of identification of competing and neighboring elements of crime (on the example of official crimes) and qualification mistakes in delimitation of such elements of crime.

Vestnik of Samara University. History, pedagogics, philology. 2014;20(11/1):111-117
pages 111-117 views

LEVELS OF ACTIVITY OF SYSTEM SAVING MECHANISM IN LAW

Denisova A.V.

Abstract

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.

Vestnik of Samara University. History, pedagogics, philology. 2014;20(11/1):118-128
pages 118-128 views

PROGRESSIVE SYSTEM OF ALTERNATIVE PENALTIES DEALING WITH LABOUR INFLUENCE

Idrisov I.T.

Abstract

In the article the author’s definition of alternative penalties, dealing with labour influence is given; their correlation with safety measures is viewed, system of corresponding types of criminal penalties is emphasized. The appearance of acting progressive system of execution of punishment in the form of compulsory work, corrective work, compulsory labour in the process of liberalization and humanization of native criminal legislation is substantiated. Existence of acting progressive system is confirmed in several positions of Penal Code of the Russian Federation and in the Concept of development of penal system of the Russian Federation until 2020.

Vestnik of Samara University. History, pedagogics, philology. 2014;20(11/1):129-134
pages 129-134 views

SOME QUESTIONS REGARDING DEFERMENT OF SENTENCE TO PERSONS SUFFERING FROM DRUG ADDICTION

Peisikova E.V., Duman E.D.

Abstract

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.

Vestnik of Samara University. History, pedagogics, philology. 2014;20(11/1):135-141
pages 135-141 views

MODERN POLITICAL PROCESS AND ELECTIONS: PROBLEMS OF HARMONIZATION OF PUBLIC AND PRIVATE INTERESTS

Polyanskiy V.V.

Abstract

In the article the causes and conditions of preservation of absenteeism in Russia and foreign countries as a factor of modern democracy are analyzed, the necessity of introduction of compulsory voting in elections, educating at the citizens of responsibility for the formation of public authority mechanism is substantiated.

Vestnik of Samara University. History, pedagogics, philology. 2014;20(11/1):142-154
pages 142-154 views

DIVISION OF POWERS: TEST OF TIME

Osetrov S.A.

Abstract

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.

Vestnik of Samara University. History, pedagogics, philology. 2014;20(11/1):155-163
pages 155-163 views

ABUSE OF RIGHTS IN THE ELECTORAL AND INFORMATIONAL RELATIONS: ANALYSIS OF THE ELECTION CAMPAIGN IN 2014

Volkov V.E.

Abstract

In the article the problems of combatting abuse of rights in the field of information support of election campaigning are analyzed; the necessity of legislative innovations, prohibiting the combination of statuses of a candidate in the elections and an official is substantiated. Changes in the content of voting, aimed at limiting harm caused by the nomination of candidates, who have no intention to be elected are suggested.

Vestnik of Samara University. History, pedagogics, philology. 2014;20(11/1):164-167
pages 164-167 views

PROFESSIONAL GUIDELINES OF STATE AND MUNICIPAL OFFICIALS AS AN ANTI-CORRUPTION STANDARD

Varfolomeeva N.P.

Abstract

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.

Vestnik of Samara University. History, pedagogics, philology. 2014;20(11/1):168-172
pages 168-172 views

PROBLEMS OF STRUCTURE OF CIVIL LEGISLATIVE SYSTEM

Ruzanova V.D.

Abstract

The article is devoted to the problematic issues of formation of structure of civil legislative system, which are investigated in various aspects. First of all, normative legal act included in its structure is characterized in terms of its content. At that, the author concludes that to this system must be included industry-specific, as well as complex acts containing norms of civil law. Secondly, acts as elements of civil legislative system are studied from the perspective of level of their publications. In the article it is proved that such elements may be only acts adopted on the federal level.

Vestnik of Samara University. History, pedagogics, philology. 2014;20(11/1):173-179
pages 173-179 views

CONSTITUENT AND INTERNAL DOCUMENTS OF LEGAL PERSONS

Povarov Y.S.

Abstract

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.

Vestnik of Samara University. History, pedagogics, philology. 2014;20(11/1):180-185
pages 180-185 views

NOVELS OF HOUSING LEGISLATION IN THE SPHERE OF RENTAL RELATIONS

Kryukova E.S.

Abstract

In the article new type of contract for lease of dwelling premise intended for social needs is analyzed. Peculiarities of contract were identified; its correlation with other types of contracts for lease of dwelling premises is carried out. The necessity of improvement of some provisions of housing legislation, regulating the contract for lease of dwelling premise intended for social needs in terms of indication of criteria for the determination of subject matter of a contract, its subject-matter, basis for the rescission of the contract is substantiated.

Vestnik of Samara University. History, pedagogics, philology. 2014;20(11/1):186-192
pages 186-192 views

CORRELATION OF CONCEPTS «SWINDLE» AND «UNETHICAL PRACTICES» DURING REALIZATION OF INTERNAL FINANCIAL CONTROL

Zevaikina A.N.

Abstract

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.

Vestnik of Samara University. History, pedagogics, philology. 2014;20(11/1):193-202
pages 193-202 views

ABOUT SINGLE LEGAL NATURE OF CIVIL, CRIMINAL AND ADMINISTRATIVE PROCEEDINGS

Mikhailova E.V.

Abstract

Problems associated with concept, purpose, objectives and basic principles of civil, criminal and administrative proceedings are investigated in the article. The unity and interrelation of civil procedural and criminal procedural forms, as well as conditionality of procedural form of protection of right by peculiarities of substantive relations, causing the origin of legal conflict, are shown.

Vestnik of Samara University. History, pedagogics, philology. 2014;20(11/1):203-208
pages 203-208 views

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