Vol 1, No 4 (2015)

Full Issue

Theory of law and state

SOCIAL AND LEGAL VALUES AND NATIONAL IDEA

Napreenko A.A.

Abstract

The author discusses the state of social and social and legal values in modern Russia and prospects of their development; the impact of values on the formation of a national idea, capable of preventing social and cultural division of country and unite Russian citizens in the way of progressive harmonious development. The author analyzes such values as freedom and justice in the Russian society.

Juridical Journal of Samara University. 2015;1(4):9-18
pages 9-18 views

GENESIS OF THEORIES OF CORRELATION OF NORMS OF INTERNATIONAL AND DOMESTIC LAW

Tsvetkov A.A.

Abstract

In the article the analysis of formation and development of an institute of correlation of international and municipal law norms is carried out. Historical aspects of relationship of these norms are analyzed, peculiarities of modern development are identified.

Juridical Journal of Samara University. 2015;1(4):19-26
pages 19-26 views

Constitutional law

MOTIVATION AND PURPOSE OF CONSTITUTIONAL DELINQUENCIES

Stakhanova E.Y.

Abstract

The article contains the research of motives and purposes of constitutional delinquencies. The author analyses constructive features of a purpose of constitutional delinquency. The author pays special attention to the problem of constitutional liability.

Juridical Journal of Samara University. 2015;1(4):27-33
pages 27-33 views

Civil law

TERM «PERSONALITY» AND ITS SIGNIFICANCE FOR CIVIL MATTERS

Voronina E.I.

Abstract

The article is dedicated to the consideration of the term «personality» and its significance for civil matters. The notions of «personality» in psychology, sociology and philosophy are studied. Afterwards the main characteristics of this category that are important for these fields of knowledge are marked from the point of view of the civil law. The term «personality» and “subject of law” are compared. The cases of the use of the term “personality” in the civil legislature are analyzed.

Juridical Journal of Samara University. 2015;1(4):34-43
pages 34-43 views

PROCESS OF LIQUIDATION OF A LEGAL ENTITY AS A REFLECTION OF DYNAMICS OF ITS LEGAL PERSONALITY

Lisetskiy S.K.

Abstract

The article is devoted to the study of methods of implementation of juridical personality of legal entities in the process of their liquidation. Author analyses the role of founders (participants), organs of legal entity, arbitral manager, and liquidation commission.

Juridical Journal of Samara University. 2015;1(4):44-49
pages 44-49 views

ON THE ISSUE OF SECURITIZATION CONCEPT IN RUSSIAN AND FOREIGN CIVIL LAW

Maksimkin Y.A.

Abstract

The concept of securitization in Russian and foreign civil doctrine and legislation is examined in the article. The mentioned question is analyzed with a glance on novels of the Civil Code of the Russian Federation, legislation on securities market, projects of international legal acts. The author’s definition of securitization, which reveals the essence of this legal phenomenon as complex factual composition, is suggested on the basis of conducted research.

Juridical Journal of Samara University. 2015;1(4):50-58
pages 50-58 views

CIVIL OBLIGATIONS: CONCEPT AND CLASSIFICATION MEASURES

Ruzanova E.V.

Abstract

The article is devoted to the determination of characteristic features of civil liability as a form of civil relations and to the identification of their classification measures. The author concludes that the commitments are legally defined model of interaction between actors and concludes that models of contractual and noncontractual obligations are essential features (set of attributes) that allow to speak about the reasonableness of such a dichotomy. These issues are studied by the author, taking into account the legal innovations in the areas of general provisions on obligations.

Juridical Journal of Samara University. 2015;1(4):59-68
pages 59-68 views

Criminal law

FRUSTRATIONS AND CRIMES

Chernova N.A.

Abstract

In article the interrelation between frustration and deviant behavior of the person, and also the influence of this emotional state on the formation of a motive of commission of a crime is considered.

Juridical Journal of Samara University. 2015;1(4):69-73
pages 69-73 views

LEGALIZATION OF CRIMINAL INCOMES: BASES OF CRIMINALIZATION AND LEGAL NATURE

Shebarshov M.V.

Abstract

The article expounds the problems of legalization of criminal incomes. Particular attention is paid to the basics of criminal law prohibitions in the area of prevention of laundering of illegal capital, as well as social and legal nature of this criminal behavior.

Juridical Journal of Samara University. 2015;1(4):74-79
pages 74-79 views

Criminal procedure

USE OF PEDAGOGICAL AND PSYCHOLOGICAL KNOWLEDGE AS A REQUIRED ELEMENT OF JUVENILE JUSTICE IN DOMESTIC CRIMINAL PROCEEDINGS

Petrovskaya M.S.

Abstract

The article deals with the question of necessity of enhanced judicial protection of all minors in orbit of justice, regardless of their procedural status.

Juridical Journal of Samara University. 2015;1(4):80-86
pages 80-86 views

Criminalistics and forensic enquiry

FEATURES OF INQUIRIES ON PRELIMINARY INVESTIGATIONS OF CRIMES COMMITTED WITH USE OF ELECTRONIC PAYMENT MEANS AND SYSTEMS

Olinder N.V.

Abstract

In this article the peculiarities of individual investigative actions in the investigation of crimes committed with the use of electronic payment instruments and systems are viewed. The basic stages in the plan of investigations are singled out.

Juridical Journal of Samara University. 2015;1(4):87-91
pages 87-91 views

PROBLEM OF ENSURING AUTHENTICITY OF OBJECTS SENT FOR EXPERT STUDY: SYSTEMATIC APPROACH

Shaposhnikov A.Y.

Abstract

The article considers the problems of ensuring the authenticity of objects of expert examination, through the performance of forensic examination as an element of evidence. Specific recommendations for legislative fixation of mandatory photographing of objects of expert research and their packaging, as in the production of expertise and investigative actions are proposed.

Juridical Journal of Samara University. 2015;1(4):92-102
pages 92-102 views

Events

MEMORY OF THE GREAT PATRIOTIC WAR IN MODERN RUSSIA

Ospennikov Y.V.

Abstract

In the article the value of modern myths of public consciousness concerning historical memory is defined. The ideological charge of modern Russian cinema in connection with the Soviet and
fascist traditions of public myths resisting each other is considered.

Juridical Journal of Samara University. 2015;1(4):103-107
pages 103-107 views

ISSUES OF THE CIVIL PROCESS IN THE PERIOD OF THE GREAT PATRIOTIC WAR

Davidyan Y.S.

Abstract

This article discusses some of the problems of protecting civil rights in court cases in the period of the Great Patriotic War. Some features of institution and civil investigations, as well as the execution of court decisions in conditions of war are identified.

Juridical Journal of Samara University. 2015;1(4):108-112
pages 108-112 views

ACTIVITIES OF PROSECUTOR’S OFFICE DURING THE GREAT PATRIOTIC WAR

Makisha A.S., Prokopenko A.A.

Abstract

The article is devoted to the activities of the prosecutor’s office during the Great Patriotic War. It addresses issues related with the organization of activities of prosecutors, their powers, and the process of restructuring of law enforcement agencies since the beginning of military operations on a war footing. The authors of this article analyzed the sources of law of the war years and a few documents of the time of War, the literature of various writers of the postwar period and removed some of the features inherent in the time.

Juridical Journal of Samara University. 2015;1(4):113-116
pages 113-116 views

LEGAL REGULATIONS OF SUPPLIES ON LEND LEASE

Savelyev A.A.

Abstract

The article compares legal regulation of lend-lease and the contract for delivery of the Civil Code of the Russian Federation. Similarities and differences of these legal phenomena are pointed out.

Juridical Journal of Samara University. 2015;1(4):117-119
pages 117-119 views

EMERGENCY LEGAL REGIMES DURING THE GREAT PATPIOTIC WAR

Khurtova A.S.

Abstract

The article is devoted to the emergency legal regimes during the Great Patriotic War. The issues regarding the powers of military authorities in the field of defence, public order and public security in the country are viewed. Also characteristic features of legal regime of martial law prevailing in the USSR are highlighted.

Juridical Journal of Samara University. 2015;1(4):120-122
pages 120-122 views

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