Vol 2, No 4 (2016)
- Year: 2016
- Articles: 24
- URL: https://journals.ssau.ru/jjsu/issue/view/241
Administrative law and process
PRINCIPLES OF ADMINISTRATIVE RESPONSIBILITY FOR VIOLATION OF LEGISLATION ON ASSEMBLIES, MEETINGS, DEMONSTRATIONS, PROCESSIONS AND PICKETING
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.
Legal education
SPECIAL ASPECTS OF TRAINING OF SPECIALISTS FOR ANTI-TERROR ORGANIZATIONS
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.
REORGANIZATION AND LIQUIDATION OF HOMEOWNERS ASSOCIATION
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.
CONCEPT AND CHARACTERISTICS OF THE SUBJECT OF ECOLOGICAL CRIME
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.
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
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.
ON THE ISSUE OF JUDICIAL CONTROL OVER PRE-TRIAL PROCEEDINGS
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.
JUDICIAL AND EXPERT ACTIVITY IN RUSSIA: WAYS OF IMPROVEMENT
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.
SOME ASPECTS OF THE INVESTIGATION OF KIDNAPPING AND UNLAWFUL IMPRISONMENT IN THE RUSSIAN FEDERATION
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.
ISSUES OF SEARCH AND PERCEPTION OF INFORMATION ABOUT A PERSON ON THE INTERNET AND ITS USE AT THE INVESTIGATION OF CRIMES
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.
ON THE ISSUE OF CRIMINALISTIC THEORIES FOR THE DEVELOPMENT OF THE THEORY OF PROOFS
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.
ON THE ISSUE OF FORENSIC STUDY OF THE IDENTITY OF A WITNESS
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.
FEATURES OF CRIMINAL ACTIVITY IN THE SPHERE OF PUBLIC AND MUNICIPAL PROCUREMENT: CRIMINAL AND LEGAL AND CRIMINALISTIC ASPECTS
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.
Tribune of young scientist
TOPICAL ISSUES OF METHODOLOGY OF INVESTIGATION OF SERIAL MURDERS IN THE RUSSIAN FORENSICS
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.
ATTORNEY’S ROLE IN PROVIDING RIGHTS OF MINORS DURING THE COURT PROCESS
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.
ON THE ISSUE OF CRIMINALISTIC STUDY ABOUT THE MECHANISMS OF MARKING FORMATION
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.
ACQUITTAL AS AN ACT OF JUDICIAL REHABILITATION OF THE ACCUSED
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.
INTERROGATION OF THE ACCUSED AT A SPECIAL ORDER TRIAL (CHAPTER 40 OF THE CODE OF CRIMINAL PROCEDURE OF THE RUSSIAN FEDERATION)
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.
ON THE ISSUE OF PROCEDURAL POWERS OF THE SPECIALIST IN CRIMINAL PROCEEDINGS
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.
PROBLEMS OF APPLICATION OF AMNESTY TO CONDITIONALLY CONDEMNED
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».
SUPPRESSION OF FINANCING OF EXTREMIST TREND: PROCEDURAL ASPECT
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.
GENERAL INFORMATION ABOUT THE SUBJECT OF COMMERCIAL BRIBERY
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.
IS IT ABBREVIATED «THE SHORT INQUIRY»?
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..
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.)
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.
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.)
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.