Vol 1, No 3 (2015)

The article is devoted to the legal status of peasants before and after the abolition of serfdom. The Legislation related to the process of enslavement is put under analysis. The concept of serfdom is defined in the article. The view that the legislation on legal serfdom of peasants was contradictory is being argued. Recognizing them a number of rights, the law treated them at the same time as an object of property rights. The rights and responsibilities of
landowners in relation to the serfs according to the Legal Code of the Russian Empire are characterized in the article. Personal, property and procedural rights, the right to self–governance, the duties of peasants according to the Status dated February 19, 1861 have been also analyzed. The legal status of temporary obligated peasants and peasants proprietors has been compared.

The author analyzes the structure of comparative jurisprudence as an independent law science. Four-tier structure of comparative and legal knowledge is presented, the prospect of development of its elements within separate training courses is established, the need of integrated conceptual development of comparative-legal researches in meso- and microlevels is defined.

In the article the legislation of Brazil and Argentina concerning electoral qualifications is viewed, evaluation of good and bad sides of these states’ legislative provisions is given; proposal of adoption of some provisions that may lead to the perfection of the election legislation of the Russian Federation is made.

In the article the problematic issues of realization of migration policy of the Russian Federation are viewed. The author analyzes the main approaches to the understanding of the category of migration policy, and describes the impact of migration policy on the status of migration legislation and as a consequence on the social and economic and demographic development of the country. The issues of formation and development of the modern concept of migration policy of the Russian Federation are viewed.

In this article we propose to develop the legislation on entrepreneurial activity based on the concept of «form of entrepreneurial activity». A great number of regulations in the field of entrepreneurship are not properly structured. The author defines the existing deficiencies in the development of legislation on innovative entrepreneurship.

The article substantiates the need to harmonize scientific approaches to the definition of harmonization, unification and standardization. The conclusion is made about the key importance of these processes in the integration of national legal systems and international legal norms. Features of the processes of harmonization and unification on the stages of creation of law and law enforcement are defined.

In the article occasional changes of normative regulations of relations with the participation of the limited liability company as the most popular type of business corporation including new rules of usage of stamps and withdrawal from the company.

The article is devoted to the legal regulation of labor protection of young people (on the example of organizations of the public road system). The article analyzes the situation of youth labor legislation, sometimes contradictory norms of the legislation, which reduce the level of legal guarantees of protection of minors.

In this paper, the category of theft of another’s property is studied in comparative legal manner. Trends in the historical development of this structure and its relationship with the adjacent legal categories are analyzed. Particular attention is paid to the issue of «generally hazardous» theft of domestic criminal law. The ways of improvement of the criminal legislation of Russia and its practical application are suggested. Arguments for the understanding of the category of «theft of another’s property» as unlawful uncompensated seizure, and (or) treatment of another’s property
(in the sense of things) in favor of the perpetrator or of other persons, causing real damage to the owner or other owner of this property.

The article considers the problems of implementation of principles of legality, justice, independence of the judiciary, impartiality in the process of sentencing. Analysis of the value of legal awareness of the judge to make a decision in a criminal case is carried out. The attention is given to the problem of concretization rules of estimation of different circumstances during the imposition of punishment in the Russian criminal legislation.

The article is devoted to the identifying of information factors affecting the implementation of the criminal policy, including by comparison with the current system of arbitration proceedings. To the number of information factors we relate the existence of user-friendly electronic database of judicial acts with different functions that facilitate their search. Another factor was called the creation of a system of electronic filing of documents to the court. In addition to the introduction of information technology in the implementation of criminal policy, the importance of leading «information» role of the highest judicial authority is noted.

The article is devoted to the most topical issues of modern pretrial
proceedings, as the stage of criminal case, procedural terms of investigation, institute of arraignment, differentiation of powers between the public prosecutor and the head of an investigative body, abbreviated inquiry.

This article examines the issues of protection of the rights of a minor victim under the age of sixteen, against whom a crime against sexual integrity is committed; ensuring the participation of a lawyer as a representative of the victim of such.

The article substantiates the idea that the current stage of legal development follows the story of class rights. In the institute of criminally-remedial preventive measures there is a tendency to establish a special procedure that is conducive to a separate category of the accused-entrepreneurs. This is due to the general financial and economic, criminal and criminally-remedial policy pursued by the government today. The author tries to draw historical and legal parallels between the modern realities of criminal procedure policy establishment in the form of privileges for certain social class, with those that were in the days of absolute monarchy. Based on the results of comparative legal analysis, he is trying to predict the prospects of domestic criminal procedure law of an
institute of preventive measures.

This review was presented at the thesis defense by A.V. Petryanin
held on October 7, 2015 in the Dissertation Council D 203.009.01 on the base of FSPEE HT «Nizhny Novgorod Academy of the Ministry of the Interior of the Russian Federation».