Vol 2, No 4 (2016)

Administrative law and process

PRINCIPLES OF ADMINISTRATIVE RESPONSIBILITY FOR VIOLATION OF LEGISLATION ON ASSEMBLIES, MEETINGS, DEMONSTRATIONS, PROCESSIONS AND PICKETING

Prokofiev K.G.

Abstract

In the article the General and procedural principles of

administrative responsibility for violation of legislation on

assemblies, meetings, demonstrations, processions and picketing

are viewed. Special attention is paid to the principles of legality,

objective (material) truth, presumption of innocence.

Juridical Journal of Samara University. 2016;2(4):9-13
pages 9-13 views

Civil law

REORGANIZATION AND LIQUIDATION OF HOMEOWNERS ASSOCIATION

Povarov Y.S.

Abstract

The article analyses the specific characters of reasons and the

procedure of reorganization and liquidation of homeowners

association, related with the function of this legal entity to manage

a multi-flat house; the major attention is paid to the comparison

of reorganization and creating of a unit of homeowners associations.

 

Juridical Journal of Samara University. 2016;2(4):14-19
pages 14-19 views

Criminal law

CONCEPT AND CHARACTERISTICS OF THE SUBJECT OF ECOLOGICAL CRIME

Lukomskaya A.S.

Abstract

Оn the basis of current legislation the author investigates and the

subject of ecological crime, formes its new concept. A new vision of

contents and characteristics of ecological crime through separate

environmental components and their parts is suggested.

 

Juridical Journal of Samara University. 2016;2(4):20-30
pages 20-30 views

Criminal procedure

THEORETICAL BASIS OF DIFFERENTIATION OF PROCEEDINGS IN THE CRIMINAL PROCESS IN THE CONTEXT OF SPECIFIC PROCEEDINGS UNDER THE CRIMINAL PROCEDURE CODE OF THE REPUBLIC OF AZERBAIJAN

Abbasova F.M.

Abstract

The article is devoted to the questions of differentiation of

separate types of productions in criminal procedure. The author

has also revealed essence of all special criminal procedure

proceedings existing in criminal trial of the Azerbaijan Republic.

Juridical Journal of Samara University. 2016;2(4):31-36
pages 31-36 views

ON THE ISSUE OF JUDICIAL CONTROL OVER PRE-TRIAL PROCEEDINGS

Galimov E.E.

Abstract

In the article the discussion issues related to the implementation

of court control in the course of pre-trial proceedings are revealed.

The article proposes the introduction of a party to the criminal

proceedings as «court investigator». The author also formed proposals

for amendments and additions to the Article 63 of the Criminal

Procedure Code of the Russian Federation.

 

Juridical Journal of Samara University. 2016;2(4):37-44
pages 37-44 views

Criminalistics and forensic enquiry

JUDICIAL AND EXPERT ACTIVITY IN RUSSIA: WAYS OF IMPROVEMENT

Latypov V.S.

Abstract

The problem of use of special knowledge at investigation and

judicial review of criminal cases constantly drew to itself attention

of scientists and practicians. The existing procedural legislation

and the regulatory base regulating judicial and expert activity needs

additional scientific research. The told predetermined need of legal

analysis at the present stage of development of legislation,

identification of topical issues arising in this sphere and the offer

of further ways of improvement. Separate aspects which are subject

to improvement in the project of the Federal Law «About Judicial

and Expert Activity in the Russian Federation» are revealed. The

author takes an initiation of bills on improvement of the existing

Code of Criminal Procedure of the Russian Federation, and also

the Federal Law project About EDMS that will allow to solve a

number of problems arising at law enforcement officials in the

course of implementation of judicial and expert activity.

 

Juridical Journal of Samara University. 2016;2(4):45-48
pages 45-48 views

SOME ASPECTS OF THE INVESTIGATION OF KIDNAPPING AND UNLAWFUL IMPRISONMENT IN THE RUSSIAN FEDERATION

Nurullin A.A.

Abstract

The article discusses the attack on the freedom of man by his

abduction. Briefly voluminous and significant set of problems and

issues in the process of investigating such crimes is presented. It is

stated that to solve this crime is possible only with skillful interaction

of the investigation, investigative and forensic units.

Juridical Journal of Samara University. 2016;2(4):49-54
pages 49-54 views

ISSUES OF SEARCH AND PERCEPTION OF INFORMATION ABOUT A PERSON ON THE INTERNET AND ITS USE AT THE INVESTIGATION OF CRIMES

Olinder N.V., Gambarova E.A.

Abstract

In the article the question about the possibility of using social

media to search for information about persons and events in the

investigation of crimes. The article describes an experiment carried

out in the 2015/2016 academic year at the Law Faculty of Samara

National Research University to gather information about the

people within the discipline «Criminalistics» among 3rd year

students of internal form of training.

 

Juridical Journal of Samara University. 2016;2(4):55-59
pages 55-59 views

ON THE ISSUE OF CRIMINALISTIC THEORIES FOR THE DEVELOPMENT OF THE THEORY OF PROOFS

Pisarev E.V.

Abstract

Аccording to the author the criminalistic information which

arose at the time of crime execution which in the course of

investigation will be transformed to evidentiary information is the

cornerstone of proofs. In this regard, according to the author, the

theory of proofs has to consider information processes which take

place even before initiation of legal proceedings, being a criminalistics

object of science.

Juridical Journal of Samara University. 2016;2(4):60-63
pages 60-63 views

ON THE ISSUE OF FORENSIC STUDY OF THE IDENTITY OF A WITNESS

Slavgorodskaya O.A.

Abstract

The article raises problematic issues of forensic study of the

witness’s identity, characteristics of the concept of «person» is

given, the necessity of development and transformation of the

doctrine of a person in criminology is substantiated.

 

Juridical Journal of Samara University. 2016;2(4):64-68
pages 64-68 views

FEATURES OF CRIMINAL ACTIVITY IN THE SPHERE OF PUBLIC AND MUNICIPAL PROCUREMENT: CRIMINAL AND LEGAL AND CRIMINALISTIC ASPECTS

Tishchenko E.V., Frolova E.Y.

Abstract

The scope of public procurement is largely subject to diverse

legal risks of crimes at different stages of procurement activity,

among which criminal and legal risks are the most serious and

painful. The findings presented by the authors in this paper can

contribute to identifying and eliminating the causes and conditions

of crimes in the area of public procurement, improve the efficiency

of investigations and to minimize the possibility for criminal abuse.

Juridical Journal of Samara University. 2016;2(4):69-76
pages 69-76 views

Legal education

SPECIAL ASPECTS OF TRAINING OF SPECIALISTS FOR ANTI-TERROR ORGANIZATIONS

Aliev B.A.

Abstract

The main purpose of the law enforcement agencies of Azerbaijan

Republic is to prepare highly qualified specialists for fighting against

criminality. Nowadays one of the main objectives of an educational

institution is to develop practical activity officers of anti-terror

organizations. It is necessary to conduct trainings at the law

enforcement agencies of the Azerbaijan Republic for the formation

of practical action, knowledge and skills, effective execution of

military service assignments and promotion of professional qualities

at the officers.

Juridical Journal of Samara University. 2016;2(4):77-82
pages 77-82 views

Tribune of young scientist

TOPICAL ISSUES OF METHODOLOGY OF INVESTIGATION OF SERIAL MURDERS IN THE RUSSIAN FORENSICS

Bayev A.R.

Abstract

The article considers problematic issues of development of

improving methods of investigation of serial murders, the

peculiarities of forensic examination of offender’s crimes. The

historical analysis of the formation of the concepts of «serial killer»,

«serial crime» is carried out.

Juridical Journal of Samara University. 2016;2(4):83-86
pages 83-86 views

ATTORNEY’S ROLE IN PROVIDING RIGHTS OF MINORS DURING THE COURT PROCESS

Ivanova A.Y.

Abstract

The article studies attorney’s functions regarding criminal case

investigations against minors and their application, debates feasibility

of establishing juvenile procuracy within the Russian Federation

public prosecution service. In the study of this question the author

addresses on the terms of the order of the General Prosecutor’s

Office «On the organization of prosecutor’s supervision over the

implementation of laws on minors», Resolution of the Plenum of

the Supreme Court «On judicial practice of application of legislation

regulating features of criminal responsibility and punishment of

minors», a special chapter of the Criminal Procedure Code. Also

examples of regional implementation of juvenile technologies in

the activities of public prosecution’s offices are studied.

 

Juridical Journal of Samara University. 2016;2(4):87-90
pages 87-90 views

ON THE ISSUE OF CRIMINALISTIC STUDY ABOUT THE MECHANISMS OF MARKING FORMATION

Lyaer L.L.

Abstract

The paper deals with the historical formation and development

of the doctrine of forensic marking formation, the classification of

traces is given, the mechanism of marking formation is viewed,

particularly affected by the formation of material traces.

Juridical Journal of Samara University. 2016;2(4):91-95
pages 91-95 views

ACQUITTAL AS AN ACT OF JUDICIAL REHABILITATION OF THE ACCUSED

Mironova M.A.

Abstract

The article is dedicated to the analysis of acquittal significance

as an act of judicial rehabilitation of the accused person and its

correlation to other process decisions releasing the person from

prosecuting.

Juridical Journal of Samara University. 2016;2(4):96-100
pages 96-100 views

INTERROGATION OF THE ACCUSED AT A SPECIAL ORDER TRIAL (CHAPTER 40 OF THE CODE OF CRIMINAL PROCEDURE OF THE RUSSIAN FEDERATION)

Sayushkina E.V.

Abstract

The article investigates the problem of questioning of the

defendant at the specific order of the trial. According to the author,

a radical transformation of this procedure is possible through the

introduction of interrogation of the defendant.

 

Juridical Journal of Samara University. 2016;2(4):101-104
pages 101-104 views

ON THE ISSUE OF PROCEDURAL POWERS OF THE SPECIALIST IN CRIMINAL PROCEEDINGS

Sergeeva O.S.

Abstract

This article discusses the problematic aspects of legal regulation

of the procedural powers of the specialist. The points of view of

the scientists on the nature of the procedural status of the party to

the criminal proceeding are analyzed. The need for the adjustments

to the Article 58 of the Code of Criminal Procedure of the Russian

Federation with the aim of the correct assessment of reliability of

the opinion of the specialist is argued.

Juridical Journal of Samara University. 2016;2(4):105-112
pages 105-112 views

PROBLEMS OF APPLICATION OF AMNESTY TO CONDITIONALLY CONDEMNED

Starodumov S.V.

Abstract

In article brought up questions of application of amnesty to the

persons having conditional condemnation. Application of the act of

amnesty has to be monotonous that to some extent will allow to observe

not only an order of realization of the rights of the victim, but also to

observe the rights of the citizens who appeared from the opposite side of

the law. The contradictions revealed in article will allow to pay attention

to respect for the rights and legitimate interests of citizens to whom

application of acts of amnesty is possible that in turn will strengthen

belief of citizens in lawful and fair trial. In this work the order of

application of acts of amnesty is mentioned by consideration of criminal

cases in essence. However every time in court practice there are problems

at their application and interpretation. In this work there is a wish to

raise the question of problems of application of the act of amnesty on the

example of the Resolution of 24.04.2015 № 6576-6 «About the

announcement of amnesty in connection with the 70 anniversary of the

Victory in the Great Patriotic War of 1941–1945».

 

Juridical Journal of Samara University. 2016;2(4):113-118
pages 113-118 views

SUPPRESSION OF FINANCING OF EXTREMIST TREND: PROCEDURAL ASPECT

Shakhbazov R.F.

Abstract

The article addresses to the issue of effective counteraction to

extremist activity in the Russian Federation with a focus on the

essential meaning of restraint of its financing. We present a thesis

about the role of the criminal procedure law to neutralize the

spread of extremism in economic conditions on the territory of

the Russian state.

Juridical Journal of Samara University. 2016;2(4):119-124
pages 119-124 views

GENERAL INFORMATION ABOUT THE SUBJECT OF COMMERCIAL BRIBERY

Elekina S.V.

Abstract

In the article there is an investigation of legal design of a

subject of commercial bribery, the attention is paid on maintenance

of this objective indication of actus reus, provided in the article

204 of the Criminal Code of the Russian Federation, the regulations

of expediency about the definition of the subject of commercial

bribery are proved with the usage of relevant standard provisions

according to the Civil Code of the Russian Federation, legislative

classification of a subject of commercial bribery is analyzed taking

into account the cost amount of the last one, the main law issues

are examined about the end of this crime, made in serious, large

and extremely large importance, the issue of nature and degree of

public danger of commercial bribery is also touched, made by

different sides of this corruption transaction, and providing strict

differentiation of persons responsibility, who is giving the subject

of commercial bribery and who is taking it.

Juridical Journal of Samara University. 2016;2(4):125-131
pages 125-131 views

IS IT ABBREVIATED «THE SHORT INQUIRY»?

Yarygina L.A.

Abstract

The article based on the study of the algorithm of police action

in the production of the investigation in an abbreviated form of

inquiry concludes unjustified worries scientists about the long terms

of criminal proceedings according to the rules of Chapter 32.1 of

the Criminal Procedure Code..

Juridical Journal of Samara University. 2016;2(4):132-139
pages 132-139 views

Reviews

REVIEW ON THE MONOGRAPH BY EFREMOVA MARINA ALEXANDROVNA «CRIMINAL RESPONSIBILITY FOR CRIMES PERFORMED WITH THE USE OF INFORMATION TELECOMMUNICATION TECHNOLOGIES» (М.: IURLITINFORM, 2015. 200 P.)

Bezverkhov A.G.

Abstract

In the review the monograph of Efremova Marina Alexandrovna

is viewed. Timelessness of the declared subject, peculiarities of the

monograph, position of the author concerning the expressed

provisions is expressed.

 

Juridical Journal of Samara University. 2016;2(4):140-143
pages 140-143 views

REVIEW OF THE MONOGRAPH BY R.G. MELNICHENKO AND A.S. TARAN «RIGHT FOR QUALIFIED LEGAL ASSISTANCE AND ITS GUARANTEES IN THE CRIMINAL TRIAL OF THE RUSSIAN FEDERATION» (IURLITINFORM, 2017. 288 P.)

Kipnis N.M.

Abstract

In the review the monograph of R.G. Melnichenko and

A.S. Taran, disclosing various aspects of the right to receive qualified

legal assistance and its guarantees in the criminal process.

 

Juridical Journal of Samara University. 2016;2(4):144-145
pages 144-145 views

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