Vol 1, No 1 (2015)
- Year: 2015
- Articles: 16
- URL: https://journals.ssau.ru/jjsu/issue/view/203
Full Issue
Legal education
FORMATION OF RESPECT FOR RIGHT AND LAW BY MEANS OF USING JUDICIAL PRACTICE FOR THE REALIZATION OF THE MASTER’S DEGREE PROGRAMME «CORPORATE LAW»
Abstract
In the article the questions of forming of common cultural competences of Masters during the realization of the Master’s degree programme «Corporate law» in the Federal State Budgetary Educational Institution of Higher Professional Education «Orenburg State University» are viewed.
ESSENTIAL AND OTHER CONDITIONS OF BANK (INDEPENDENT) GUARANTEE
Abstract
This article contains a critical analysis of civil law novels about content of bank (independent) guarantee (about essential and other conditions of guarantee). Particular attention is paid to the problems of indication of the warranty period.
PROBLEMS, CONNECTED WITH THE PART OF LEGISLATION OF THE RUSSIAN FEDERATION, CONCERNING THE APPLICATION OF SURROGACY PROGRAMS
Abstract
The article examines a legal side of the basic aspect of auxiliary reproductive technologies, particularly concerning surrogacy. The emphasis is made on solving problems, connected with gaps in the legislation of the Russian Federation in the sphere, whiсh are connected in their turn with the problem of limitation of rights of the participants of the program. Proceeding from provisions of the legislator and possible abuses, the need for widespread of the institution of surrogate motherhood is opened to
question.
SPECIFIC OF CASES UPON HONOR, DIGNITY AND BUSINESS REPUTITAION PROTECTION IN REGULAR COURTS AND COURTS OF ARBITRATION
Abstract
The article is dedicated to particular procedural problems of honor, dignity and business reputation protection. The practice of regular courts and courts of arbitration of the Samara Region is analyzed and an attempt of solving existing problems in the light of reforming of civil procedure is made.
PROBLEMS OF IMPLEMENTATION OF PRINCIPLES OF LEGALITY AND HUMANITY IN THE RUSSIAN PENAL POLICY
Abstract
The article considers the problems of implementation of principles of legality and humanity in the Russian penal policy. Negative consequences of non-compliance with the principles of legality and humanity in the activities of the legislative and law enforcement bodies in the sphere of penal law are shown and some solutions are proposed. Critical analysis of the concept of development of penitentiary system in the Russian Federation until 2020 is given.
ADMISSIBILITY OF EVIDENCE IN CRIMINAL PROCESS OF COMMON LAW COUNTRIES
Abstract
The article analyzes the understanding of admissibility of evidence of criminal procedure in science and legislation of Anglo-Saxon legal family countries; some common features of the approach to the admissibility of evidence in criminal process of these states are also disclosed.
PARTICIPATION OF THE DEFENDER IN PROOF ON CRIMINAL CASES: FOREIGN EXPERIENCE
Abstract
The article analyzes approaches to the participation of the defender in proving on criminal cases contained in the Code of Criminal Procedure of Germany and France. It also analyzes their relationship with the practice of the European Court of Human Rights, established on the concept of «equality of arms».
ON THE CONCEPT OF JUDICIAL TRUTH IN CRIMINAL PROCEEDINGS
Abstract
The article is devoted to the conceptual issues of formation of judicial truth in criminal proceedings through the implementation of evidentiary activity of the parties in criminal proceedings and arbitral activity of the court, properties and components of judicial truth are analyzed.
SUBJECT OF PUBLIC PROSECUTOR’S SUPERVISION OVER THE EXECUTION OF LAWS AT IMPLEMENTATION OF INQUIRIES AND PRELIMINARY INVESTIGATION
Abstract
In this article the definition of the subject of public prosecutor’s supervision over the execution of laws at implementation of inquiries and preliminary investigation is given, and its structure which embodies crime and all actions connected with its investigation. These are procedural including investigative activities, verification activities at the stage of indictment, measures of inquiry of an investigator or interrogating officer. The subject also comprises other trial participants’ actions on evidence gathering and producing.
ON THE ISSUE OF DISCLOSURE OF EVIDENCE AND WITNESSES WITHIN THE FRAMEWORKS OF JUDICIAL INVESTIGATION
Abstract
The article discusses the problem of absence of victims and witnesses at trial and the possibility of continuation of criminal proceedings in such conditions. For the implementation of international legal norms, the author proposes to record the testimony of the victim and witness in the presence of the suspect (accused) for pretrial proceedings with the participation of the investigating judge.
USING OF MEDIATION IN JUVENILE PROCESS
Abstract
On the basis of analysis of recent changes of the Code of Criminal Procedure the article deals with the possibility of simplifying the procedural form of criminal proceedings against minors, which is traditionally recognized as complicated production. The author makes suggestions on the use of conciliation (mediation) as part of an institution as provided for by Article 25 of the Code of Criminal Procedure before the initiation of a criminal case under the conditions set out in detail in the article.
FEATURES OF PROOF DURING COURT SESSIONS ON EXAMINATION OF GRIEVANCES AS PROVIDED FOR IN CLAUSE 125 OF THE CRIMINAL PROCEDURE CODE OF THE RUSSIAN FEDERATION
Abstract
The article is devoted to the process of proof during court sessions on examination of procedural actions (inactivity) and decisions of officials that carry out criminal proceedings at the pre-trial stages of criminal proceedings. The features of the proof are examined in accordance to the draft law on amendment of the Criminal procedure code of the Russian Federation by article 125.1 «Peculiarities of consideration of certain categories of complaints».
Tribune of young scientist
LEGAL REGULATION OF ENTREPRENEURIAL ACTIVITY ON THE ENERGY COMMODITY MARKET
Abstract
In the article the issues of legal regulation of relations in the field of entrepreneurship on the energy commodity market are viewed, classification of sources of legal regulation is carried out, conclusion about the need to systematize energy legislation is made.
SOME ASPECTS OF CRIMINAL INVESTIGATION OF KIDNAPPING AND FALSE IMPRISONMENT IN THE RUSSIAN FEDERATION
Abstract
The article provides an overview of materials relating to the freedom of man and his abduction. Voluminous and meaningful set of problems and issues facing in the investigation of such crimes is briefly presented. it is pointed out that to solve this crime is only possible with the skillful interaction of investigative, special investigative techniques and investigative and forensic subdivisions.
Reviews
FROM CIVIL PROCEDURE TO CRIMINAL PROCEDURE: HISTORY AND MODERN TIMES (Review of the edition: The Great Reform: 150th anniversary of the Judicial Statutes: in 2 vol. E.A. Borisova, L.V. Golovko (ed.). M.: Iustitsinform, 2014. 544 p.; 340 p.)
Abstract
This article analyzes the new book, dedicated to the 150th anniversary of the Judicial Reform of 1864. This publication was prepared by two leading procedural departments of Lomonosov Moscow State University – the Department of Civil Procedure and the Department of Criminal Procedure, Justice and Prosecutorial Supervision. The reviewed work contains deep
historical and legal analysis of preconditions of acceptance, content and practical application of the most important procedural acts of the time –Statute of Civil Procedure and Statute of Criminal Procedure. The basic ideas and principles of these laws are revealed in the article in connection with modern changes in the judicial sphere.