Vol 3, No 1 (2017)

The article contains the study of offenses in the field of turnover

of special technical means. Administrative and criminal law standards

governing this type of activity are analyzed. Particular attention is

paid to the illegal acquisition of STM.

In the article the issues of definition of notion «public event»

are viewed, an attempt of their classification is made. Legislative

definitions of «meeting», «demonstration», «march» are viewed;

comparative analysis of definitions of scientists is carried out.

Statistical data about carried out public events in the Russian

Federation are presented.

The article deals with the issues of regulating of the author’s

right to withdraw his work from the commercial use and the

issues of exploitation of this right according to Russian and foreign

legislation. In the article the limitations of the right to withdraw a

work and legally established exclusions of this right are analyzed.

Several measures to improve the actual legislation in the named

field are proposed.

The relevance of the topic can be attributed to the complexity

in distinguishing independent and non-independent (dependent)

labor, as well as different approaches to the understanding of labor

concept: in economics, labor is considered as a commodity, and

in law – as a viable and useful activity. The article explains the

concept of labor is not how the process works, but as the achievement

of the desired result from labour activity.

The proper execution of judicial acts and acts of other bodies

contributes to the implementation of objectives of civil proceedings,

stabilization of economic situation of the subjects of law and the

orderliness of civil turnover. The article reveals the reasons for the

low performance of enforcement agencies and formulates measures

to eliminate them.

In this article, the authors present an original vision of the

category of time in criminal law, giving an analysis of the time

from the position of the combination of understanding the category

of time from the point of view of physics and philosophy. This

analysis is presented on the basis of article 3141 of the Criminal

Code of the Russian Federation. The authors propose the modification

of some provisions of analyzed articles with the purpose of uniform

understanding of the content of this article, enforcers.

In the article author studies the sum of criminal penalties

which influence includes labor influence on convicted. Actual

system of alternative penalties linked with labor influence is a too

wide one because there are too much limitations doubled in the

process of realization of such penalties. Author comes to the

conclusion that we have to improve law regulation of penalties

connected with labor influence on convicted.

This article deals with the problems of practice of law, advocacy

in criminal procedure; gives practical recommendations concerning

participation of an advocate in criminal procedure on the basis of

modern legislation.

The article is devoted to some aspects of establishment and

development of the institute of appeal in the criminal legal

proceedings of Russia. This analysis allowed the author to identify

certain stages in the development of appellate proceedings in the

domestic criminal process. In Russia, the appeal received the first

significant development in connection with the adoption of the

Criminal Procedure Charter dated November 20, 1864. During

the Soviet era, the appeal was almost forgotten, but already in the

1991 Judicial Reform Concept, the idea of returning the appellate

procedure for reviewing court decisions was voiced. Federal Law

No. 433-FZ dated December 29, 2010 in Russia, since January 1,

2013, the appeal was legally revived. In November 2016, the

Supreme Court initiated the creation of independent appellate and

cassation courts in the system of courts of general jurisdiction.

The article is devoted to the analysis of legal foundations and

problems of organization of video surveillance in the premises of

the Department of Internal Affairs. The author pays special attention

on principles according to which the legal regulation of application

of video recordings made in the premises of the Internal Affairs

Office for the protection of rights of citizens is performed. The

difference between the violation of rights of citizens and their

restriction is carried out. On the basis of law enforcement practice

the loopholes in current Criminal Procedure Code of the Russian

Federation are identified. According to the results of the investigation

the conclusions about the necessity of introduction of changes and

amendments to the part 2 of the Article 84 and part 6 of the

Article 190 of the Criminal Procedure Code of the Russian

Federation, as well as attachment to the attribution of materials of

photo- and video surveillance to the criminal evidences of the

imperative character are made.

In the article the issue about the necessity of introduction of

attorney’s monopoly in the Russian Federation is viewed. The

aim of carrying out the investigation of the given legal institute

was to identify legal problems that should be solved by means of

introduction of attorney’s monopoly. The introduction of attorney’s

monopoly on special categories of cases is determined by the

necessity of bringing into life of constitutional right on receiving

professional legal advice. The assignment of right to represent

interests in special categories of cases to the attorneys’ community

is due to the peculiarities of lawyer’s legal status and the availability

of special knowledge, established by passing the qualification

examination.

This article is devoted to the elaboration of definition of

system for jurisprudence, which is important, because there are

many different systems in the legal science: system of law, legal

system, system of public authorities and etc., – at the same time

the question «what is the system» has not been investigated.

 Besides jurisprudence many other sciences use the term

«system». The theory of systems as a discipline is of the

greatest interest, the subject of which is a complex research of all

systems, its regularity, development, external manifestation.

 This article discusses the signs of system, which is differ

i t from other organization uni ts, and i t pieces.

Dialectic and historical methods, methods of comparison,

abstraction, analysis and synthesis were used during the research

of this issue. In aggregate it helped to make the most complete

and comprehensive definition of system.