Vol 3, No 1 (2017)

Administrative law and process

ON THE ISSUE OF QUALIFICATION OF OFFENSES IN THE FIELD OF SPECIAL TECHNICAL MEANS TURNOVER

Gurin A.I., Syromyatnikov K.A.

Abstract

The article contains the study of offenses in the field of turnover

of special technical means. Administrative and criminal law standards

governing this type of activity are analyzed. Particular attention is

paid to the illegal acquisition of STM.

 

Juridicheskiy vestnik Samarskogo universiteta Juridical Journal of Samara University. 2017;3(1):9-14
pages 9-14 views

ABOUT PROBLEMS OF REALIZATION OF LEGAL RIGHTS ON THE PROVISION OF LAND PLOT

Paladiev M.A., Nazartsev E.I.

Abstract

In the article judicial practice devoted to land disputes about

the provision of land plots to citizens’ property is analyzed. Ways

of solution to the problem of impairment of citizens‘ rights in this

area are offered.

 

Juridicheskiy vestnik Samarskogo universiteta Juridical Journal of Samara University. 2017;3(1):15-20
pages 15-20 views

ON THE ISSUE OF CLASSIFICATION OF PUBLIC EVENTS IN THE RUSSIAN FEDERATION

Prokofiev K.G.

Abstract

In the article the issues of definition of notion «public event»

are viewed, an attempt of their classification is made. Legislative

definitions of «meeting», «demonstration», «march» are viewed;

comparative analysis of definitions of scientists is carried out.

Statistical data about carried out public events in the Russian

Federation are presented.

Juridicheskiy vestnik Samarskogo universiteta Juridical Journal of Samara University. 2017;3(1):21-29
pages 21-29 views

RIGHT TO WITHDRAW ACCORDING TO RUSSIAN AND FOREIGN LEGISLATION

Ryazanova V.V.

Abstract

The article deals with the issues of regulating of the author’s

right to withdraw his work from the commercial use and the

issues of exploitation of this right according to Russian and foreign

legislation. In the article the limitations of the right to withdraw a

work and legally established exclusions of this right are analyzed.

Several measures to improve the actual legislation in the named

field are proposed.

Juridicheskiy vestnik Samarskogo universiteta Juridical Journal of Samara University. 2017;3(1):30-34
pages 30-34 views

OBLIGATIONS ARISING AS CONSEQUENCE OF CAUSING HARM: DOCTRINAL DIFFERENTIATION CHARACTERISTICS

Ruzanova E.V.

Abstract

In the article the author offers various doctrinal differentiation

characteristics of obligations arising as consequence of causing

harm to divide them on types. As the basic classification the

author considers the division of such obligations into obligations,

in which compensation of harm is in the capacity of civil liability

measure (arising as consequence of injury), and obligations as a

remedy (arising as consequence of lawful action).

Juridicheskiy vestnik Samarskogo universiteta Juridical Journal of Samara University. 2017;3(1):35-40
pages 35-40 views

SOME PROBLEMS OF DEFINITION OF THE CONCEPT «LABOUR» ACCORDING TO THE RUSSIAN LAW

Bronnikova M.N.

Abstract

The relevance of the topic can be attributed to the complexity

in distinguishing independent and non-independent (dependent)

labor, as well as different approaches to the understanding of labor

concept: in economics, labor is considered as a commodity, and

in law – as a viable and useful activity. The article explains the

concept of labor is not how the process works, but as the achievement

of the desired result from labour activity.

Juridicheskiy vestnik Samarskogo universiteta Juridical Journal of Samara University. 2017;3(1):41-50
pages 41-50 views

ON IMPROVEMENT OF THE PROCEDURE FOR ENFORCEMENT PROCEEDINGS IN THE RUSSIAN FEDERATION

Gritsay O.V.

Abstract

The proper execution of judicial acts and acts of other bodies

contributes to the implementation of objectives of civil proceedings,

stabilization of economic situation of the subjects of law and the

orderliness of civil turnover. The article reveals the reasons for the

low performance of enforcement agencies and formulates measures

to eliminate them.

Juridicheskiy vestnik Samarskogo universiteta Juridical Journal of Samara University. 2017;3(1):51-56
pages 51-56 views

CRIMINAL AND LEGAL CATEGORY OF TIME OF COMMITTING THE OFFENCE (ON THE EXAMPLE OF THE ARTICLE 3141 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION)

Anoshchenkova S.V., Orekhov N.D.

Abstract

In this article, the authors present an original vision of the

category of time in criminal law, giving an analysis of the time

from the position of the combination of understanding the category

of time from the point of view of physics and philosophy. This

analysis is presented on the basis of article 3141 of the Criminal

Code of the Russian Federation. The authors propose the modification

of some provisions of analyzed articles with the purpose of uniform

understanding of the content of this article, enforcers.

Juridicheskiy vestnik Samarskogo universiteta Juridical Journal of Samara University. 2017;3(1):57-60
pages 57-60 views

ABOUT OPTIMIZATION OF PENALTIES CONNECTED WITH LABOR INFLUENCE ON CONVICTED

Idrisov I.T.

Abstract

In the article author studies the sum of criminal penalties

which influence includes labor influence on convicted. Actual

system of alternative penalties linked with labor influence is a too

wide one because there are too much limitations doubled in the

process of realization of such penalties. Author comes to the

conclusion that we have to improve law regulation of penalties

connected with labor influence on convicted.

Juridicheskiy vestnik Samarskogo universiteta Juridical Journal of Samara University. 2017;3(1):61-65
pages 61-65 views

ACQUAINTANCE WITH THE MATERIALS OF THE CRIMINAL CASE AS A PROBLEM OF THE RIGHTS’ REALIZATION OF THE ACCUSED AND HIS DEFENDER

Zakomoldin A.V.

Abstract

This article deals with the problems of practice of law, advocacy

in criminal procedure; gives practical recommendations concerning

participation of an advocate in criminal procedure on the basis of

modern legislation.

Juridicheskiy vestnik Samarskogo universiteta Juridical Journal of Samara University. 2017;3(1):66-70
pages 66-70 views

HISTORICAL ASPECT OF DELIVERY OF FINAL ACCUSATIONAL DECISIONS IN DOMESTIC CRIMINAL PROCEEDINGS

Kuzovenkova Y.A.

Abstract

The article is devoted to the final procedural decisions during

the preliminary investigation in a historical retrospective, beginning

with Novgorod and Pskov judgement of certificates and ending

with modern regulation of the indictment as an act of prosecution

and procedural decisions of the investigator.

Juridicheskiy vestnik Samarskogo universiteta Juridical Journal of Samara University. 2017;3(1):71-75
pages 71-75 views

BRIEF HISTORICAL ANALYSIS OF THE FORMATION AND DEVELOPMENT OF THE APPEAL INSTITUTE IN THE DOMESTIC CRIMINAL PROCESS

Samiulina Y.V.

Abstract

The article is devoted to some aspects of establishment and

development of the institute of appeal in the criminal legal

proceedings of Russia. This analysis allowed the author to identify

certain stages in the development of appellate proceedings in the

domestic criminal process. In Russia, the appeal received the first

significant development in connection with the adoption of the

Criminal Procedure Charter dated November 20, 1864. During

the Soviet era, the appeal was almost forgotten, but already in the

1991 Judicial Reform Concept, the idea of returning the appellate

procedure for reviewing court decisions was voiced. Federal Law

No. 433-FZ dated December 29, 2010 in Russia, since January 1,

2013, the appeal was legally revived. In November 2016, the

Supreme Court initiated the creation of independent appellate and

cassation courts in the system of courts of general jurisdiction.

 

Juridicheskiy vestnik Samarskogo universiteta Juridical Journal of Samara University. 2017;3(1):76-81
pages 76-81 views

Tribune of young scientist

THE USE OF VIDEO RECORDS HELD IN THE PREMISES OF THE DEPARTMENT OF INTERNAL AFFAIRS TO PROTECT THE RIGHTS OF CITIZENS

Belkova G.G.

Abstract

The article is devoted to the analysis of legal foundations and

problems of organization of video surveillance in the premises of

the Department of Internal Affairs. The author pays special attention

on principles according to which the legal regulation of application

of video recordings made in the premises of the Internal Affairs

Office for the protection of rights of citizens is performed. The

difference between the violation of rights of citizens and their

restriction is carried out. On the basis of law enforcement practice

the loopholes in current Criminal Procedure Code of the Russian

Federation are identified. According to the results of the investigation

the conclusions about the necessity of introduction of changes and

amendments to the part 2 of the Article 84 and part 6 of the

Article 190 of the Criminal Procedure Code of the Russian

Federation, as well as attachment to the attribution of materials of

photo- and video surveillance to the criminal evidences of the

imperative character are made.

 

Juridicheskiy vestnik Samarskogo universiteta Juridical Journal of Samara University. 2017;3(1):82-91
pages 82-91 views

PROBLEMS OF DELIMITATION OF JURISDICTION OF CIVIL AND ADMINISTRATIVE CASES CONSIDERED BY COURTS OF GENERAL JURISDICTION

Beltukova I.M.

Abstract

In the article critical view on the reform of procedural legislation

is presented. The issue about the criteria on the basis of which the

plaintiffs and the court solve the question about the procedural order

of adjustment is viewed; the conclusion about the absence of

appropriate criteria is made. The consequences of misqualification of

procedural order are viewed: rejecting of acceptance of legal claim or the

termination of proceedings in case resulting in the unconditional

refusing in the defense of right. The newest judicial practice that gave

rise to the tendency of successive breakdowns of courts in hearing of

cases as well as in the process of Administrative Procedure Code of

the Russian Federation and Code of Civil Procedure of the Russian

Federation is analyzed. The addition of norms about the refusal in

accepting (administrative) bill of complaint and on termination of

proceedings in case of proactive position of court is suggested.

 

Juridicheskiy vestnik Samarskogo universiteta Juridical Journal of Samara University. 2017;3(1):92-98
pages 92-98 views

ON THE ISSUE ABOUT THE CONCEPT OF ATTORNEY’S MONOPOLY AND THE RIGHT TO ITS EXISTENCE IN THE RUSSIAN EGISLATION

Vainerman F.V.

Abstract

In the article the issue about the necessity of introduction of

attorney’s monopoly in the Russian Federation is viewed. The

aim of carrying out the investigation of the given legal institute

was to identify legal problems that should be solved by means of

introduction of attorney’s monopoly. The introduction of attorney’s

monopoly on special categories of cases is determined by the

necessity of bringing into life of constitutional right on receiving

professional legal advice. The assignment of right to represent

interests in special categories of cases to the attorneys’ community

is due to the peculiarities of lawyer’s legal status and the availability

of special knowledge, established by passing the qualification

examination.

 

Juridicheskiy vestnik Samarskogo universiteta Juridical Journal of Samara University. 2017;3(1):99-105
pages 99-105 views

CRIMINAL AND CRIMINOLOGICAL BASES FOR COMBATING RECIDIVISM

Semenova D.M.

Abstract

The article deals with the basic problems and measures for

combating recidivism in Russia and in the Samara Region. The

conclusion about the imperfection of modern legislation and the

ineffectiveness of criminal punishment as important means of

prevention of recidivism is made.

 

Juridicheskiy vestnik Samarskogo universiteta Juridical Journal of Samara University. 2017;3(1):106-110
pages 106-110 views

DEFINITION OF «SYSTEM» IN THE JURISPRUDENCE AND IN OTHER BRANCHES OF SCIENCE

Tikhonova Z.K.

Abstract

This article is devoted to the elaboration of definition of

system for jurisprudence, which is important, because there are

many different systems in the legal science: system of law, legal

system, system of public authorities and etc., – at the same time

the question «what is the system» has not been investigated.

 Besides jurisprudence many other sciences use the term

«system». The theory of systems as a discipline is of the

greatest interest, the subject of which is a complex research of all

systems, its regularity, development, external manifestation.

 This article discusses the signs of system, which is differ

i t from other organization uni ts, and i t pieces.

Dialectic and historical methods, methods of comparison,

abstraction, analysis and synthesis were used during the research

of this issue. In aggregate it helped to make the most complete

and comprehensive definition of system.

 

Juridicheskiy vestnik Samarskogo universiteta Juridical Journal of Samara University. 2017;3(1):111-114
pages 111-114 views

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