Vol 6, No 1 (2020)

Full Issue

Personalia

VIKTOR PAVLOVICH MALKOV – TEACHER AND MENTOR

Yakushin V.A.

Abstract

The article is devoted to the teacher and mentor Viktor Pavlovich Malkov. It emphasizes that V. P. Malkov made a great contribution to the science of criminal law in the USSR, and later in Russia. A special merit of Viktor Pavlovich Malkov is that it was he who in his doctoral thesis and subsequent works revealed not only the concept of «multiple crimes», but also convincingly proved in what forms and subspecies of these forms it is represented in social and legal reality. The article notes that V. P. Malkov is a solid scientist, a good organizer, an exemplary teacher and mentor.

Juridical Journal of Samara University. 2020;6(1):7-9
pages 7-9 views

VIKTOR PAVLOVICH MALKOV IS A SCIENTIST, EDUCATOR AND PERSON

Tasakov S.V.

Abstract

This article is dedicated to the memory of the famous scientist, Doctor of Law, Professor, Honoured Scientist of the Russian Federation Viktor Pavlovich Malkov. More than 50 years he gave scientifi c and pedagogical activities, gave lectures, wrote numerous scientifi c articles, monographs, study guides, textbooks on topical issues of the multiplicity of crimes, issues of sentencing, improving the quality and effectiveness of judicial decisions, differentiating criminal liability for certain crimes, developing legal education and etc. In addition to the problems of criminal law, Viktor Pavlovich was pleased to engage in criminal proceedings, not limited to narrow problems. V. P. Malkov was not just a theorist, he perfectly saw the prospects for the development of society and domestic legislation. Many of his ideas and suggestions in one form or another were embodied in the provisions of the relevant regulatory acts and entered into law enforcement practice. He was not only a scientist, but also a teacher, not only made a huge contribution to the development of
the science of criminal law, but he also passed on his precious experience to his students – he prepared 74 candidates of sciences and 11 doctors of sciences.

Juridical Journal of Samara University. 2020;6(1):10-14
pages 10-14 views

SOCIAL DANGER OF MULTIPLE OFFENSES

Klenova T.V., Semenova D.M.

Abstract

The article is dedicated to the substantive complaint of multiple offenses– its social danger. Such understanding of the essence of multiple offenses is based on the teachings of V. P. Malkov about the multiple offenses, his conceptual ideas on the existence of the relationship between crimes forming the multiplicity of crimes, and about multiple offenses and personality traits of the guilty person. The article deals with the relationship of the concepts of multiple crimes in the criminal law and criminological aspects and concludes that the social danger of multiple crimes is reduced in the context of situational criminal policy, and that modern Russian criminal policy is mainly aimed at the unifi cation of criminal responsibility of fi rst offenders and reoffenders, rather than the traditional task of differentiation of criminal responsibility, in the light of the forms and types of multiple crimes. It is concluded about the need for legislative accounting of increased social danger of diverse forms and types of multiple offenses and personalities of the guilty persons and differentiated approach to casual and professional criminals.

Juridical Journal of Samara University. 2020;6(1):15-20
pages 15-20 views

ON THE MULTIPLE CRIMES IN CONNECTION WITH THE CONCEPT OF PROFESSOR V. P. MALKOV

Blagov E.V.

Abstract

The main points of the concept of professor V. P. Malkov about the multiple crimes: the concept and types are analyzed. The author also considers the legality of the use of the category «multiple crimes» in modern criminal legislation. The author analyzes the features of the concept of multiple crimes formulated by the author. It is concluded that the allocation of many of them is controversial. There is no doubt only a sign of «multiple crimes». The types of multiple crimes identifi ed by the scientist are analyzed. It is concluded that this system of types of multiple crimes within the framework of the current criminal legislation, on the one hand, is excessive, on the other hand, is not complete. The term «multiple crimes» is analyzed. It is concluded that within the framework of taking into account its meaning in the Russian language and criminal law regulation of what is included in it, it does not have the right to be refl ected in criminal legislation. It is pointed out that the disputability of a number of decisions by professor V.P. Malkov does not mean that he is wrong. It means only the need for further understanding of the category of multiple crimes.

Juridical Journal of Samara University. 2020;6(1):21-28
pages 21-28 views

SOME NOTES REGARDING THE CLASSIFICATION OF FORMS OF MULTIPLICITY OF CRIMES

Lobanova L.V., Malimonova M.A., Rozhnov A.P.

Abstract

This study addresses certain aspects related to the differentiation in the current Criminal Code of the Russian Federation of forms (types) of the multiplicity of crimes. The illusory nature of notions of totality and repetition of criminal intrusions as options that completely exhaust the phenomenon of multiplicity is noted. Clarifi cations are made in some groups of manifestations of the multiplicity of crimes available in the legal literature. The difference between concepts such as «multiplicity related (not related) to a criminal record for a previous crime» and «multiplicity related (not related) to conviction of a previous crime» is emphasized. The correlation of the cumulative sentence with forms of multiplicity of crimes is determined. The meaning of the provision enshrined in the fi rst sub-paragraph of paragraph № 54 of the Resolution of the Plenum of the Supreme Court of the Russian Federation «On the Practice of Assigning Criminal Sentence by the Courts of the Russian Federation» is revealed. The conditions under which the rules of accumulative sentencing can be applied to crimes having a long continuance, in particular, continuous offences are characterized. A defi nite outline of this paper is given by the author’s analysis of scientifi c approaches to the classifi cation of the forms of the multiplicity of crimes which had been developed by Viktor Pavlovich Malkov.

Juridical Journal of Samara University. 2020;6(1):29-33
pages 29-33 views

V. P. MALKOV'S TEACHING ON THE MULTIPLICITY OF CRIMES AND PROBLEMS OF CRIMINAL RESPONSIBILITY FOR ACTIVITIES WITHIN AN ORGANIZED CRIMINAL GROUP

Mikhailov V.I.

Abstract

Based on the analysis of works of Professor V. P. Malkov reveals the importance of his teachings about multiple crimes for the classifi cation of the establishment (organization) of gangs and similar criminal groups, participating and committed their crime. The author reveals the scientifi c position of V. P. Malkov, according to which the creation (organization) of criminal formations and participation in them are stages of committing other crimes and therefore should be «absorbed» by other crimes when qualifying. It is noted that ignored the fact that the Special part of Criminal
Code of the Russian Federation offences that criminalize the creation (organization) of the criminal formation of and participation in them designed on the basis of the doctrine of «collusion» leads to unreasonably large criminal penalties. 

Juridical Journal of Samara University. 2020;6(1):34-41
pages 34-41 views

MULTIPLICITY AND COMPETITION OF NORMS ON CRIMES AGAINST PHYSICAL FREEDOM OF PERSON

Inogamova-Hegai L.V.

Abstract

The rules of multiplicity and competition of criminal norms are researched in the article. The issues of qualification of assaults against physical freedom of person are analysed in according to these rules. Stealing of a person is considered as composite crime including illegal deprivation of freedom. Recommendations of the Supreme Court of the Russian Federation are researched on qualifi cation of crimes against physical freedom of person. The qualifi cation of intentional grievous bodily harm during kidnapping and human traffi cking is justifi ed not on the basis of «violence dangerous to human life or health», but on a particularly qualifying feature in the form of other grave consequences.

Juridical Journal of Samara University. 2020;6(1):42-46
pages 42-46 views

ON THE DELIMITATION OF A SINGLE CRIME AND THE MULTIPLICITY OF CRIMES IN THE QUALIFICATION OF THEFT

Bezverkhov A.G., Ivanova O.M.

Abstract

The article is devoted to the theoretical and applied aspects of the qualifi cation of theft of other people's property on the grounds of multiple crimes. It is argued that before modern science of criminal law there are some pressing problems, to identify the most effective mechanisms to ensure the criminal-law protection of the new property law, which ultimately requires the design of completely new offences in the sphere of economic relations and the development of relevant emerging legal order of rules of qualifi cation of property crimes, including theft of another's property. The article analyzes the content of legal nature of the institution of multiple crimes and its forms of manifestation on the example of the qualification of theft of other people's property. Here the multiplicity of crimes is formed by identical, homogeneous, and heterogeneous acts. The social and legal signifi cance of the qualifi cation of theft based on the multiplicity of crimes is manifested in an increased degree of public danger to the person responsible and is refl ected in the appointment of a more severe criminal punishment for the crime as a whole. It is shown that bringing the content of the conceptual and categorical apparatus of the multiplicity of embezzlement, interfaced with each other and (or) with other crimes, in line with the emerging practice of applying criminal law is one of the most important tasks of the general theory of crime qualification and its section devoted to criminal legal assessments of theft of other people's property. It is established that the rules of delimitation of a single crime and multiple crimes in the classifi cation of theft of another's property as determined by legislation and the general rules of qualifi cation of crimes, developed a theory of criminal law. On the basis of general judicial explanations contained in the decisions of the Plenum of the Supreme Court of the Russian Federation on the qualification of theft of other people's property and related crimes, the trends of modern law enforcement practice are revealed. A real set of plunders of another's property be divided into (1) set of theft, defi ned according to the same article of the Criminal Code, (2) a set of theft falling under different Articles of the Chapter on Crimes against Property (Article 158–162, 164 of the Criminal Code), and (3) the set of plunders of another's property associated with crimes against persons, public safety, interests of service, etc.

Juridical Journal of Samara University. 2020;6(1):47-53
pages 47-53 views

PROBLEMS OF EXEMPTION FROM PUNISHMENT IN CONNECTION WITH ANOTHER SERIOUS ILLNESS

Nurkaeva T.N.

Abstract

The article deals with some of the problems that arise when a convicted person is exempted from punishment due to another s erious illness. It proposes the ways to solve them, in particular, it defends the position that the possibility of the living arrangement of a convict is crucial for the court in deciding the problem of exemption them from further serving a sentence in connection with another serious illness, as well as the need to amend the provisions of Part 4 of Article 81 of the Criminal Code of the Russian Federation.

Juridical Journal of Samara University. 2020;6(1):54-60
pages 54-60 views

MEDICAL CRIME AND MEDICAL ERROR: PROBLEMS OF DIFFERENTIATION

Ivantsova N.V.

Abstract

The article deals with the issues of criminal liability of medical workers for professional violations committed by them in the process of providing medical care that caused harm to the life and health of patients. The author justifi es the incorrect use of the term «iatrogenic crimes». The defi nition of the category "medical crimes" is given by analyzing this group of crimes. Having determined the objective and subjective signs of medical crimes, the author comes to the conclusion that it is unacceptable to substitute the concepts of medical crime and medical error. The author shows that medical error in the absence of the perpetrator relationship to the ensuing harm is a bona fi de misconception of the medical worker based on the imperfection of medical science and its methods or due to atypical course of the disease, the abnormal anatomical features of the body, allergic reactions in the process of providing medical services.

Juridical Journal of Samara University. 2020;6(1):61-67
pages 61-67 views

INVOLUNTARY TREATMENT OF PERSONS SUFFERING FROM SOCIALLY SIGNIFICANT DISEASES: COMPLEX RESEARCH OF LEGAL REGULATION

Yudin A.V., Norvartyan Y.S.

Abstract

On the basis of an integrated approach the authors of the paper address to the problem of involuntary treatment of persons suffering from socially signifi cant diseases. The paper provides the assessment of nature and intensity degree of repressive measures that can satisfy the concern of people interested in isolating a person suffering from a socially significant disease, on the one hand, and the interests of a patient hospitalized in a medical institution, despite the fact that the person did not commit any illegal malicious acts, on the other hand. Taking into account the chosen integrated approach, the authors refer to the assessment of criminal law measures, as well as to the assessment of protective measures currently being implemented in administrative proceedings. The paper analyzes the judicial activity on hospitalization sanctioning in terms of legality of referring it to administrative proceedings (rather than to civil proceedings, as it was before), as well as to the cases related to the judicial control over the exercise of power. Considering the nature of court decisions enforcement in this category of cases the authors assess the appropriateness of its positioning as ordinary enforcement proceedings. This paper attempts to determine the stimulation admissibility of a debtor to enforce judicial decisions in this category of cases on the basis of criminal law prohibitions.

Juridical Journal of Samara University. 2020;6(1):68-76
pages 68-76 views

Criminal and penal law

RESOCIALIZATION PREPARATION OF CONVICTS TO EXEMPTION FROM SERVING PUNISHMENT

Adoyevskaya O.A.

Abstract

The article discusses the urgent problems of preparing convicts for release from serving their sentences. It is proved that effective work aimed at preparing for release, as well as providing assistance in labor and domestic services to persons being released, are the main link in the prevention of recidivism. The Regulation on the group of social protection of convicts of the correctional institution of the penal system, the Instructions on the provision of assistance in labor and domestic services, as well as assistance to convicts released from serving sentences in correctional institutions of the penal system are analyzed. The problems of normative regulation of the preparation of convicts for release were identifi ed and ways to solve them were proposed. The main directions of the work of the group of social protection of convicts in correctional institutions are analyzed. Factors hindering their effective activities, including the lack of legislative regulation of social work in places of deprivation of liberty, have been identified. A mechanism is proposed for improving social measures to support convicts released from correctional institutions. The conclusion is drawn on the need for legal regulation of the work of the School for the Preparation of Convicts for Release, their educational programs; requirements for the composition of specialists. The author's recommendations on improving the effectiveness of the School for the Training of Convicts for Release in order to their socialization and social protection are given.

Juridical Journal of Samara University. 2020;6(1):77-82
pages 77-82 views

Criminal procedure

PREVENTIVE MEASURES FROM THE PROSECUTOR TO JUDICIAL CONTROL: WHAT'S NEXT?

Rudich V.V.

Abstract

The article investigates the functioning of modern judicial control in the context of solving the issue of applying preventive measures. The analysis of statistical data is carried out, on the basis of which it is concluded that the judicial control did not meet the expectations placed on it. There are differences between the percentage of satisfi ed requests for the election of a preventive measure, which were taken earlier by the Prosecutor, and the corresponding percentage under
the current judicial control. The procedure for considering the use of preventive measures in the judicial procedure is recognized as positive, and the need to continue the judicial reform, in which the Prosecutor's supervision of the use of preventive measures should be strengthened, is pointed out.

Juridical Journal of Samara University. 2020;6(1):83-86
pages 83-86 views

Theory of law and state

ABOUT FREEDOM OF WILL AND ABILITY FOR IMPUTANCE IN RUSSIAN LEGAL SCIENCE OF THE XIX – BEGINNING OF THE XX CENTURIES

Skvoznikov A.N.

Abstract

The problem of free will in law is a topic of inexhaustible scientifi c relevance, since the issue of free will of the current subject is the key to establishing the boundaries of the law and the limits of legal responsibility. The author of the article analyzes and summarizes the ideas of the classics of Russian law on subjective imputation and free will as a condition of legal responsibility. He found that as a result of a scientifi c discussion in the writings of pre-revolutionary Russian law researchers, a certain synthesis of ideas of determinism and indeterminism in legal science took place. The result of this was the emergence of the idea that external factors certainly affect human behavior, but do not completely determine it. Ultimately, the subject decides whether or not to commit an offense. Holding the subject to legal liability is possible only if his unlawful behavior has become an expression of a person’s will, that is, he is freely chosen without any external (coercion, violence) or internal (mental illness, impaired consciousness) obstacles that would prevent him from expressing his conscious attitude to the phenomena of reality.

Juridical Journal of Samara University. 2020;6(1):87-92
pages 87-92 views

CONCEPT AND ORIGINS OF CORRUPTION AS A SOCIAL DELINQUENT PHENOMENON

Spirin M.Y.

Abstract

This article is an attempt to defi ne the main meanings of the concept of «corruption» in modern Russian jurisprudence. Corruption (forms of corrupt behavior) is considered as a systemic negative social phenomenon (corruption deviance) and as a conditional system of specifi c types of corruption offenses (acts of delinquent behavior), responsibility for the commission of which is provided for by the current legislation. Based on the difference between the formal legal (positivist) and sociological types of legal understanding, the author distinguishes between corruption activities in general and certain types of corruption offenses; analyzes the main forms of corruption, their individual characteristics and features. Conclusions are drawn about the need for detailed development of specifi c components of corruption offenses in various branches of Russian law and the inevitability of the emergence of a single philosophical and legal concept of
corruption as a global negative social phenomenon. The fundamental importance of a multi-factor approach in studying the nature of corruption, as well as the most important conditions and causes of its appearance and development in society is determined.

Juridical Journal of Samara University. 2020;6(1):93-97
pages 93-97 views

History of law and state

INVESTIGATION OF THE CASE OF ADMIRAL A. V. KOLCHAK

Khachaturov R.L.

Abstract

The article considers the establishment of dictatorship of admiral A. V. Kolchak as a result of the intervention of the United States, Britain and France in the internal affairs of Russia. During the investigation of the admiral's case, the role of US President Wilson, British minister of war W. Churchill and other Entente leaders in appointing the admiral as the Supreme ruler, as well as the material and military assistance that was provided to him was established. The analysis of creation and activity of investigative commissions in the case of A. V. Kolchak and members of his government is given. The investigation established numerous facts of executions, corporal punishment, torture, the practice of sentencing to death in absentia, and the burning of villages and villages by the troops of the Supreme ruler A. V. Kolchak. With the coming to power of A. V. Kolchak, the dictatorship of the Terry white guard was established, something of its own was created – prisons on wheels, «echelons of death». The investigation into the case of admiral Kolchak revealed the essence of kolchakism, the purpose and objectives of foreign intervention in Russia. Modern historical literature combines various assessments of A. V. Kolchak, in which the authors try to rehabilitate him without taking into account the very numerous factual data contained in the central and local archives of Russia, as well as monographs, scientific articles and collections of documents on the subject under consideration. In 2004, a monument to A. V. Kolchak was erected in Irkutsk, and his memory was immortalized by installing memorial plaques in St. Petersburg, Kronstadt, Omsk, Sevastopol and other cities.

Juridical Journal of Samara University. 2020;6(1):98-106
pages 98-106 views

Constitutional law

FEATURES OF THE NEW CONSTITUTION OF CUBA IN 2019 AND THE CONCEPT OF A SOCIALIST STATE BASED ON THE RULE OF LAW

Brigos J.

Abstract

The article is devoted to the peculiarities of the development of modern Cuban society and the means of managing its affairs based on the analysis of the main conceptual provisions of the new Constitution of the Cuban Republic in 2019. The author analyzes the features of formation of a separate constitutional concepts and categories, examines the essence of the concept of the rule of law in a socialist path of development of Cuban society, studying features of diverse forms of ownership in Cuba and the importance of the organizing role of the Communist party of Cuba in matters of governance. The author states that it is necessary to make changes to the current Cuban legislation based on the prospects for new forms of participation of citizens in the management of society and the state. The article is of considerable interest to Russian lawyers, since it is presented from the position of a synergetic approach of philosophy, political science and jurisprudence to the forms and ways of existence of ideological legal systems of the modern world (on the example of Cuba of the XXI century).

Juridical Journal of Samara University. 2020;6(1):107-115
pages 107-115 views

MODERN INSTITUTE MODEL OF THE PRESIDENT OF THE RUSSIAN FEDERATION: CONTINUITY AND DEVELOPMENT

Kolosova N.M.

Abstract

The article is devoted to the study of the constitutional model of the Institute of the President of the Russian Federation. The constitutional doctrine of a strong presidential power is examined, scientifi c disputes about the place of the President of the Russian Federation in the system of federal government bodies are analyzed. The effectiveness of the functioning of the state largely depends on the President of the Russian Federation, which increases the significance of the continuity of power of the President of the Russian Federation due to his special place in the system of separation of powers. The need arises to establish additional guarantees for the stability of functioning of the state, to preserve the main strategic directions of its development, and basic constitutional values. One of such guarantees aimed at optimizing the functioning of a balanced system of public authorities and ensuring its continuity, according to the author, it is proposed to recognize the possibility in the future of establishing in the Constitution of the Russian Federation a new form of government in Russia – a dualistic presidential republic in which the newly elected President of the Russian Federation
will function in cooperation with the President of the Russian Federation, whose term of office has expired. Accordingly, options for the distribution of powers between the two Presidents of the Russian Federation, which are part of a single institution of the President of the Russian Federation, are considered. Moreover, the main purpose of each of the Presidents of the Russian Federation is the President of the Russian Federation. After the termination of the exercise of his authority in connection with the expiration of his tenure, he is called upon to ensure the continuity of constitutional development and the maintenance of basic values. The newly elected President of the Russian Federation could be responsible for the development of society, the state, while excluding stagnation.

Juridical Journal of Samara University. 2020;6(1):116-122
pages 116-122 views

Civil law

RIGHT TO A DIGNIFIED EXISTENCE IN THE SYSTEM OF SUBJECTIVE RIGHTS OF RUSSIAN CITIZENS

Mikhaylova I.A.

Abstract

This article considers the origins of the concept of a «right to a dignifi ed existence» and the provisions on the right to a dignifi ed existence provided for in a number of international instruments in Russian legal science. The author reviews theoretical issues related to the determination of the legal nature of this right and the powers constituting its content in more detail, together with its relationship with other subjective rights that comprise the content of the civil legal capacity of individuals. Much attention has been devoted to the problems, existing in the realization of the right to a dignifi ed existence in modern conditions, characterized by a decline in living standards of many Russian citizens, it must therefore be concluded, that the noted factors adversely affect the possibility of full realization of civil rights and the full development of personal potential. The author examines the main directions of development and enforcement of this subjective law, the fi rst step of which should be its legal consolidation among other subjective rights of Russian citizens.

Juridical Journal of Samara University. 2020;6(1):123-129
pages 123-129 views

UNFAIR CONTRACT TERMS IN THE CIVIL LAW OF RUSSIA AND FOREIGN COUNTRIES

Tuzhilova-Ordanskaya E.M., Fedulina E.V.

Abstract

The article is devoted to some problematic issues of research of unfair contract terms in the civil law of Russia and foreign countries. The author attempts to form an idea of such a legal phenomenon as unfair conditions of the contract of the foreign legislation analysis basis and doctrinal positions of the Russian civilists. The defi nition of this concept is developed and its legal signs are identifi ed, such as the substantial sign which assumes that the contract condition does not illegal, but are burdensome for one party of the contract and essentially violates balance interests of the parties agreement; a procedural feature that implies that an unfair condition was included in the contract as a result of unconscientious conduct of the party that developed these conditions, imposing its will on the weak party of the contract.

Juridical Journal of Samara University. 2020;6(1):130-135
pages 130-135 views

MAIN AREAS OF IMPROVEMENT LEGISLATION CONCERNING PLEDGES

Zaitsev V.V.

Abstract

The article examines the additions and amendments which were introduced to the legislation on collateral in the process of modernization of the Civil Code of the Russian Federation, which are compared both with the norms which were in force in the Soviet period and with the original version of Ch. 23 of the Civil Code of the Russian Federation. The author analyzes the most significant novelties enshrined in §3 Ch. 23, relating to the most important aspects of collateral relations, including: the legal status of their entities; to determine the subject of pledge; to the grounds for the occurrence and termination of the pledge; to the rights and obligations of persons having the rights of a pledge holder in relation to the same subject of pledge; to the peculiarities of the circulation of pledges on real estate and things not related to it; to state registration of pledge; to the priority of satisfying the creditors' demand, etc. The study and characterization of the new legislative provisions is accompanied by an analysis of the clarifi ed guidelines on the issues addressed by the Supreme Court of the Russian Federation, as well as the provisions presented in the modern doctrine of collateral law.

Juridical Journal of Samara University. 2020;6(1):136-144
pages 136-144 views

LEGAL FEATURES OF THE TORT OBLIGATIONS ARISING AT CAUSING OF HARM BY THE SOURCE OF THE INCREASED DANGER

Deryugina S.R.

Abstract

This article deals with the problems of understanding the essence of civil liability arising from the infliction of harm by a source of the increased danger. The concepts that defi ne the source of the increased danger as an object and as an activity that creates an increased danger to the world are analyzed. The analysis of the current legislation and the existing civil doctrine allowed to draw a conclusion about dependence of recognition of this or that activity/object as a source of the increased danger on conditions of implementation of such activity/conditions of existence of object. The author gives a generalized description of the conditions and grounds of the civil liability under consideration. The idea is substantiated because of the refusal of the legislator from considering guilt of the owner a source of increased danger in which responsibility mediated event not occurred, and with a specifi c probability of occurrence. The specificity of liability for causing harm by a source of the increased danger, in which the illegality or legality of the behavior of the subject at the time of causing harm in the appointment of civil liability is indifferent, is indicated.

Juridical Journal of Samara University. 2020;6(1):145-151
pages 145-151 views

Ethics and psychology of law-enforcement activity

PROSECUTORIAL SUPERVISION OVER THE IMPLEMENTATION OF LAWS DURING PRIVATIZATION OF LAND FOR AGRICULTURAL USE

Lobachev D.A.

Abstract

In March 2015, signifi cant amendments were made to the land legislation, including the acquisition of private property rights to agricultural land plots. So, tenants of land plots had the right, after a three-year lease term, to acquire ownership of land plots intended for agricultural production, and without bidding (paragraph 9 of part 2 of Article 39.3 of the Land Code of the Russian Federation), that is, in preferential treatment. The main task of the state in this case was to support a conscientious tenant of the land and agricultural production at the same time. However, as practice shows, the authorized authorities commit violations when alienating land plots from public ownership on the indicated basis, thereby violating the interests of the state. The article considers the prosecutor’s assessment of the legality of the actions of authorized authorities during the privatization of a land plot (on the basis indicated above), provided that the permitted use of the plot contained in the public register of real estate does not correspond to the types of use provided for by the general plan of the settlement and land use and development rules; the subject of prosecutorial response has been identified; the necessity of using the means of prosecutorial supervision is justified in the event that the authorized authorities conclude contracts for the sale of agricultural land, when this use is not allowed by the town-planning regulations of the territorial zone in which the land is located. In the work, the author comes to the conclusion that the Land Code of the Russian Federation allows cases of changing the type of permitted use of land without a statement from the copyright holder of this plot, which should be taken into account by prosecutors, requiring the supervised entities to properly comply with the requirements of the law.

Juridical Journal of Samara University. 2020;6(1):152-158
pages 152-158 views

Tribune of young scientist

LEASE OF THE LAND PLOT PART FOR THE PURPOSE OF USING OTHER NATURAL OBJECTS

Abelyan A.P.

Abstract

The article is devoted to the study of the contractual construction of the lease of the land plot part for the purpose of using other natural objects, in particular, forest areas, water objects, and subsoil sites. It also analyzes the practice of law enforcement related to the possibility of transferring sublease land plots and other natural objects, as well as their parts, and analyzes the necessary conditions for making such a transfer. The article also presents an analysis of changes in legislation related to the implementation of cadastral registration of the land plot part.

Juridical Journal of Samara University. 2020;6(1):159-167
pages 159-167 views

LEGAL REGULATION OF THE BUDGETS FOR STATE CAPITAL OPERATIONS IN CHINA

Trofimov A.A.

Abstract

This article examines the legal nature of modern budgets for state capital operations that exist in the People's Republic of China. Consideration of the evolution of Chinese budget legislation on the subject of the study suggests that budgets for state capital operations are essentially an investment budgets aimed at increasing the value of state property. Such budget has a number of legally signifi cant features, including separation from the state budget, the presence of its own revenue sources and spending directions. At the same time, the budget for capital operations at the Central level in the PRC is one of the types of extra-budgetary funds included in the modern budget system of the PRC, which determines the presence of certain links with other elements of this system, in particular inter-budgetary relations. In addition, attention is drawn to the similarities and differences between the budgets for state capital operations in China and investment funds in Russia.

Juridical Journal of Samara University. 2020;6(1):168-172
pages 168-172 views

REGIONAL SELF-GOVERNMENT IN THE SYSTEM OF MEASURES OF ANTI-CORRUPTION POLICY OF THE MOSCOW STATE

Silantyev R.V.

Abstract

In the article the problem of the place of regional reform in the system of measures of anti-corruption policy of the Moscow state of the 16th century is put. On the basis of the analysis of the Code of Laws of 1550, authorized and regional diplomas it is shown that regional bodies played a signifi cant role in two connected directions of state policy – in fight against robberies and in anti-corruption. In research literature the point of view is formulated that one of the
most important problems of the Moscow state in the 16th century was the problem of distribution of organized crime and inefficiency of the existing methods of fi ght against it. In article the place of regional self-government institutions in the system of measures of anti-corruption policy reveals. At the same time material of regional diplomas which contain
numerous straight lines and indirect references to concrete historical forms of corruption is essential. Introduction of regional self-government institutions led to establishment of the general rules of implementation of administrative and judicial functions, control over which was ceded in hands of representatives of local communities. Existence of such rules created the general conditions for fi ght against corruption and also for counteraction to specifi c forms of corruption. Regional diplomas red tape, implementation of court without authorized diploma, false charges for the purpose of taking by property were legal base for counteraction to such kinds of corruption offenses as excess of the established norms of requisitions from the population.

Juridical Journal of Samara University. 2020;6(1):173-178
pages 173-178 views

ON THE ISSUE OF THE HISTORY OF FORMING LEGAL CONTROL OF THE MINISTRY OF INTERNAL AFFAIRS OF THE RUSSIAN FEDERATION

Kremnev R.N.

Abstract

The article analyzes the main historical stages of the development of law-making and legal expert activity in the internal affairs bodies of Russia. The study period covers the years from the inception of the police by the adoption of the Decree by Peter I to the analysis of the state of modern legislation regarding the stated topic. The significant influence of the adoption of the Constitution of the Russian Federation of 1993 on the formation of the current state of legal work
in the internal affairs bodies is noted. As a result of applying the retrospective research method, the author formulates a number of conclusions. The historical conditionality of the existence of high-quality legal control in the internal affairs bodies of Russia in various socio-economic and political periods is noted. The author identifi ed the potential for further improvement of lawmaking, which should take into account the historical foundations of the implementation of legal control in the enforcement of the Ministry of Internal Affairs of the Russian Federation.

Juridical Journal of Samara University. 2020;6(1):179-185
pages 179-185 views

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