Vol 2, No 1 (2016)

The article presents a study of theoretical approaches to defining

the legal status of the lawyer as a representative in civil proceedings

of pre-revolutionary Russia according to the Judicial statutes of

the 1864. The author analyzes theoretical approaches to defining

the legal status of the lawyer (attorneys at law, solicitors, pleaders)

as a representative, reaches the conclusion that the main feature of

advocacy before the revolution was that a lawyer acted during the

proceedings not only as a substitute of a party but also as its

assistant. Such tendency in the development of a lawyer’s legal

status also has an impact on modern perception of the lawyer as a

representative.

This article analyzes the existing models of formation of positions

of heads of constituent entities of the Russian Federation.

The article dwells upon various issues (both theoretical and

practical) in connection with a testator imposing certain conditions

on a beneficiary in order to obtain his/her legacy. These questions

are presented through the lenses of the Roman law, as well as

through the contemporary legislative provisions of different countries.

Good practice of retention a part of completed dwelling place
from tenant builder to local Soviet of People’s Deputies for its
accordance to necessitous citizens’ categories regulated by the
Housing Code of the RSFSR of 1983 is considered in the article.
Undoubtful benefit of this Soviet period normative provisions
unfortunately non-existent in current Russian housing code for
society is recognized in the result of an analysis.

The article presents the concept of an exclusive sales team and
an analysis of legal regulation of labor exclusive sales team in the
aspect of his skills as a loan or wage labour.

This article discusses the issues of guarantees for employees in
case of dismissal in connection with the liquidation of the
organization and on reduction of number or the staff. The author
shows the possibility of abuse of rights in labour relations. There
is no rule prohibiting abuse of rights in labour legislation of the
Russian Federation. In the publication for the purpose of defense
of rights of employees, the author suggests a number of measures
including those concerning improvement of legal regulation in the
said sphere.

In the light of a major doping scandal involving Russian
Federation, it is extremely relevant to consider the mechanisms
of legal regulation of sports relations. This article looks into the
concept and legal nature of international sports arbitration. The
author of the article points out the importance of the principles
of arbitration proceedings for the proper understanding of
international sports arbitration. In author’s view, arbitration is the
one and only conceivable way of protecting rights for resolution of
international disputes in sports field.

The article investigates the order of realization of citizens’
constitutional right of judicial protection on the labor cases by
means of the public prosecutor’s statement in court. The procedural
position of public prosecutor in civil proceedings is analyzed.
The importance of documentary evidence in the labor cases is
substantiated. The necessity of improving of legal regulation
of maturities in court by the relevant amendments and additions
to the Labour Code is proved.

The article is devoted to the criminal and legal protection of

environmental security in the context of analysis of an object of

ecological crimes, provided by the chapter 26 of the Criminal

Code of the Russian Federation. On the basis of analysis of different

doctrinal positions the legal essence of ecological security as an

object of ecological crimes is identified. The recommendations on

improvement of existing criminal legislation that provides

responsibility for ecological crimes are made.

The article deals with the analysis of fraud in receiving payments

corpus delicti. The practice of application of criminal law in this

area is studied.

The article reveals the mechanism of servicing of sentence by

juvenile convicted persons; the causes of commission collective

crimes in juvenile correctional faculties are investigated. The

analysis of scientific judgments on improvement of state of Russian

penitentiary system is given. The attention is drawn to the factors

that form criminal gangs for subsequent penitentiary crimes.

The attention is drawn to the preventive measures of crimes of

juvenile convicted persons.

The article is devoted to separate theoretical and legal and

organizational and practical problems of safety at execution and

serving of lifelong imprisonment in corrective colonies of special

regime in Russia. Author’s offers on elimination of the specified

problems are given.

This article concerns problems of realization of the principle

of presumption of innocence within the procedures based on

confession of guilt of the accused (provided in Chapters 40 and

40.1 of the Criminal Procedure Code of the Russian Federation),

and we come to the conclusion about inadmissibility of overvalue

of a role of confession of guilt at criminal sentencing on such

cases and need of improvement of the legislation in this area.

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  The article discusses the philosophical concept of restorative

  justice, which from the 70- ies of the XX century, defines the direction

  of the juvenile justice system in Russia and foreign countries. The

  author represents the philosophical foundations of the concept of

  restorative justice and their manifestation in the criminal legislation

  of the countries of the neighboring countries and beyond.

   

The article discusses the concepts of social media, instant messengers and the «dark web», the problems of their regulatory and legal regulation and prospects for application in operational and investigative activities, in the investigation and prevention of crimes.

This review was presented at the thesis defense of P.D. Grinev,

that was held on September 18, 2015 at the meeting of the

Dissertation Council D 212.239.03 at «Saratov State Academy of

Law».