A unified and harmonised European law and its impact on third countries
... Jurisdiction and Introducing Rules Concerning Applicable Law in Matrimonial Matters. Brussels 17 July 2006, 2006, COM, 399 final.2006/0135 (CNS).
24. Proposal for a Regulation of the European Parliament and of the Council on jurisdiction, applicable law, recognition and enforcement of decisions and authentic instruments in matters of succession and the creation of a European Certificate of Succession, 2009, COM, 154 final.
25. The Hague Programme, adopted by the European Council on 5 November 2004, 2004, OJ, p 53, =3/03/2005,...
Correlation between the concepts of institution and sub-institution in criminal law
... element of the structure of criminal law institute requires verification in terms of analysis of the correlation between these concepts. It is especially urgent due to the fact that the term sub-institution itself is not used by the official doctrine and law enforcement. Such analysis allows us to clarify the indicators of sub-institution of law and the grounds for its correlation with the institute of criminal law. Such approach encourages the author to identify the characteristics of criminal law sub-institution ...
Problems of law enforcement in legal responsibility of public authorities
... Федерации : федер. закон от 6 окт. 2003 г. № 131-ФЗ // Официальный интернет-портал правовой информации. URL: http://www.pravo.gov.ru (дата обращения: 01.06.2014).
Usenko Yu.
law enforcement, legal responsibility, public authorities
74-79
How transcendental are Kant’s principles of public law?
... despite the dominant opinion, further comments and examples can be found in Kant’s later writings. Finally, the author considers a moderate interpretation that makes it possible to harmonise the publicity principles as (meta) principles of lawmaking and law enforcement with the core of Kant’s system of law and morals. This resolves the issue of direct efficiency of these principles, whereas the declaration of the formal character of the ‘doctrine of happiness’ dispels doubts over the implicitly a posterior ...
Kant’s lectures on natural law: Justice and conscientiousness
... philosophy. This term is usually translated as justice. However, there is another word in the German language — Gerechtihkeit — that has the meaning of justice. Moreover, such translation of Billigkeit creates a false connection with the realm of law, which Kant tried to avoid stressing the difference between Billigkeit and Gerechtigkeit. If Gerechtigkeit relates to external deeds subject to legal regulation and external enforcement, Billigkeit relates to tacit intentions and dispositions that cannot be controlled from the outside. This supports the thesis about the difference between ethics and law and the need for a more accurate identification of the place of natural ...
The Use of Big Data in the appointment and conduct of forensic environmental examinations
The article explores contemporary issues and questions related to the application of forensic environmental expertise within the framework of preliminary investigations, and evaluates its role in law enforcement activities. The research formulated and proposed the main tasks of forensic environmental expertise at the current stage, highlighted its features, and identified problems associated with the imperfection of the current methodological support ...
Theoretical Framework of Managing Logistical Support to Local Divisions of Law Enforcement Agencies
This article examines the system of logistical support to Kaliningrad regional law enforcement agencies as an object of regional governance, points out the basic principles and functions of regional administration, and analyses the principle of selected jurisdiction based on every administration agent vested with strictly defined and ...
The development of legal framework for Russia-EU relations: 2010 results
... 17 December 2010).
6. Zakharov, А. V. 2010, Nalogovoe pravo ES: aktual'nye problemy funkcionirovanija edinoj sistemy [EU tax law: current problems of the unified system], Moscow.
7. Mikhailova, S. A. 2009, Nekotorye aspekty evropejskoj transgranichnoj ... ... pravoprimenenija: materialy mezhdunarodnoj nauchno-prakticheskoj konferencii [Actual problems of the Russian legislation and enforcement],the International Scientific and Practical Conference] (Russia, Ufa, April 29, 2009), vol. 1, Gosudarstvenno-pravovye ...
Problems of using the results of an operational experiment and test purchase in proving a criminal case
The study presents the concept of the special evidentiary value of the results of operational experiments and test purchases. This is due to the fact that these actions reflect a criminal event carried out under the control of law enforcement authorities. To dispel doubts about the admissibility of documented results of such operational measures, a legal standard for their conduct is developed. Unlike sectoral developments regarding such a legal standard, an interdisciplinary legal ...
Opportunities for Using Data on the Perpetrator in Human Trafficking Investigations
In contemporary society, the fight against human trafficking has become a significant global issue. Human trafficking is considered a highly latent crime, often perpetrated by organized transnational criminal groups (organizations). Consequently, law enforcement agencies face certain challenges in detecting, investigating, and preventing these crimes. Addressing these issues can be facilitated by the competent use of criminalistic characteristics by law enforcement personnel. The aim of this study ...
The improvement of law enforcement activities in the field of environmental security in Russia
The article stresses that, in the modern world, economic activities have a significant negative effect on environmental security. The human impact on the environment is a result of gross violations of environmental laws. The law enforcement measures introduced in the field of environmental pollution often prove to be ineffective. The complications associated with identifying environmental crimes and concrete offenders result in increasing latency of environmental crimes. There ...
Rightists against Stolypin: traditionalists on Stolypin’s judicial and law enforcement reform
This article focuses on the position of Russian right-wing parties in the beginning of the 20th century regarding one of the components of Stolypin modernisation programme — the judicial and law enforcement reform.
1.
Вестник
русского собрания. 1909. № 4.
2.
Вестник
Союза русского народа. 1910. № 13.
3.
Земщина
. 1909. 5 июня.
4.
Земщина
. 1909. 12 июня.
5.
...
Legal nature of marketplaces
... the consideration of marketplaces as a system of legal relationships. By using specific norms, this approach facilitates targeted regulation of private legal relationships between parties within this system. This necessity arises from the analysis of enforcement practices, as general norms of contract law are inadequate for properly regulating such relationships since these norms fail to consider the role of the key party, namely the marketplace.
Aksenov V.A., Odintsov S.V.
marketplace, online platforms, aggregator, online trading, internet stores
...
Functions of the prosecutor's office of the Russian Federation in protecting the social rights of employees of healthcare institutions: theoretical and practical issues
... well as increase the effectiveness of the prosecutor’s exercise of powers to supervision over the implementation of laws and the observance of rights, will allow timely and prompt elimination of obvious contradictions and gaps in legislation and in law enforcement.
Shabarov D.V., Kakhivova A.V., Pankin N.V.
prosecutor’s office, supervision, protection of rights, medical worker, healthcare, wages
15-25
Heritage aspect of personal insurance
... aspect of personal insurance highlighted in the Concept (paragraph 1, clause 2, article 934 of the Civil Code of the Russian Federation). The purpose of the study is to interpret, given the provisions of the doctrine of civil law, foreign legislation and law enforcement experience, the provisions of paragraph 1 of paragraph 2 of Article 934 of the Civil Code of the Russian Federation, which establishes the right of the heir of the insured person to receive insurance payment after his death. Conclusions. The ...
The subjects of legal monitoring of Justice of the Peace
... legal responsibility should be sought not in specific legal norms, but in the legislatively established valuation categories. Evaluation categories act as a measure of discretion in the exercise of subjective rights, when the dispute is resolved by the law enforcer.
1. Чепус А. В. Теория позитивной юридической ответственности. М., 2016.
2. Базылев Б. Т. Сущность позитивной юридической ответственности ...
Discretionary powers of judges in the countries of the continental law system: A comparative analysis
... закон о дополнении Швейцарского гражданского кодекса. Ч. 5: Обязательный закон / пер. Н. Гайденко-Шер, М. Шер. М., 2012.
Kirillova A.
continental legal family, source of law, enforcement activities, discretion.
93-98
Реформа гражданского законодательства и развитие принципа свободы договора
... of civil law. The central element of regulating obligation relations is the "freedom of contract" principle. Possibilities inherent in the realization of this principle in various norms of the Civil Code determine the further development of law enforcement and regulation effectiveness.
1. Концепция развития гражданского законодательства Российской Федерации : одобрена решением Совета при Президенте ...
The psychological problems of development of professional culture of future lawyers in the context of its increasing quality
... of its increasing quality. The problem of professional culture of a lawyer was analyzed within
the three contexts: theoretical approaches to understanding the nature of professional culture; problem aspects from the perspective of practitioners of law enforcement authorities; the image of professional culture peculiar to law university teachers. The authors come to a conclusion that there is a need to increase the role of humanities in the training of legal specialists.
1. Виноградов В....
Legal regulation of extradition in Russia: the interplay between international and national provisions
... in criminal proceedings. Therefore, comprehending the relationship between international and national extradition provisions is the key to a firm theoretical grasp of this institution and a common understanding of the legal phenomenon in research and law enforcement practice.
1. Уточненный годовой отчет о ходе реализации и оценке эффективности государственной программы «Обеспечение общественного ...
On the role of the results of operational search activities in contemporary criminal proceedings
... results (hereinafter — ORD) in modern criminal procedural law. The views established in science regarding the use of materials obtained in the course of conducting operational-search activities (hereinafter referred to as ORM), as well as existing law enforcement realities, correlate with the views established in science regarding the use in criminal procedural evidence obtained during the conduct of operational-search activities (hereinafter referred to as ORM). The article reveals the inconsistencies ...
On some particular functions of the Palestinian national administration
... is noted that the state budget is formed not only from donor assistance, but also from income received internally. In fact, PNA has become a system in which plutocracy reigns supreme. The interdependence of the head of state, monopoly business and law enforcement agencies created a tangle that cannot be unraveled. The author points out that many actions of the leadership are aimed at protecting oneself from opposition forces and sentiments as well as maintaining power. Under current conditions,...
Problems of increasing the efficiency of the special economic zone legal regime in the Kaliningrad region
... improving the legal regime of the Special Economic Zone through the prism of efficiency increase. The author stresses the imperfection of some provisions contained in the Law on the Special economic Zone. Certain proposals on the legal regulation and law enforcement are formulated.
1. Собрание законодательства РФ. 2013. № 25, ст. 3155.
2. Об утверждении порядка эффективности налоговых льгот : постановление Правительства ...
Cessation of right of claim under a credit agreement: the problems of enforcement
This article considers the cession or transfer of rights of claim under a credit agreement and the cases of cession restriction established by law. The author analyses the judicial practice of commercial courts and courts of general jurisdiction. It is stressed that the current legislation does not contain provisions that forbid a bank to cede rights under a credit agreement. The conclusion ...
Changes to the legal entity system in Russia in the conditions of reforms in civil legislation: the problems and prospects
... a system of legal entities. It is concluded that there is a deviation from earlier doctrinal statements about the directions of system development. The changes do not take into account the existing interconnections and may have a negative impact on law enforcement practices.
1. О внесении изменений в главы 1, 2, 3 и 4 части первой Гражданского кодекса Российской Федерации : федеральный закон от 30.12.2012 № ...
Interaction between party bodies and police in the Kaliningrad region of the USSR in the post-war period
... of the German population in 1948. The research primarily employs general scientific methods, such as analysis, synthesis, and induction. The relevance of the article is due to the need to study the specific features of the formation of the domestic law enforcement system. The novelty of the research lies in the fact that this issue is examined for the first time in the context of the post-war Kaliningrad region. The article also describes the process of forming party organizations in the Kaliningrad ...
Theoretical approaches to studying police officers’ breaches of conduct
... коллектива / под ред. А. В. Петровского. М., 1979.
11. Duncan L. E. The psychology of collective action // The Oxford handbook ofpersonality and social psychology / eds. K. Deaux. N. Y., 2012.
Shchegoleva T.
breach of conduct by law enforcement officers, collective action theory, predictors of collective action, A. V. Petrovsky’s stratum-metric concept of groups, socio-psychological climate
91-95
Improvement of professional training of law enforcement officials at a professional training centre
The introduction and application of modern educational technologies radically change the level of police officers’ professional training. The use of mind mapping technology in the training process at the Regional Professional Training Center has improved the academic performance of police officers. It is stressed that the use of mental maps is a convenient and effective method for thinking visualization and alternative recording, which can be successfully used in developing new ideas, recording thoughts...
Revisiting harm caused by illegal entrepreneurial activities
... to accomplish their intentions, unfortunately, not only gave rise to such a phenomenon as illegal entrepreneurship, which is a deterrent to the further development of market relations, but also promoted the growth of economic crimes. The analysis of law enforcement practice indicates that the preliminary investigation bodies are experiencing significant difficulties in determining the amount of damage caused by the crime in question. The dialectical-materialistic method of scientific cognition, analysis,...
Organized crime in Soviet Russia: the paradox of institutionalization. Part two
... life a massive near-criminal social world. In particular, it was a matter of increasing corruption of local structures, the apparatus of management, including Party officials at various levels, which had not been known before. Corruption also affected law enforcement agencies, especially the police. In this part of the article, the author noted that in a very short period of history related Y. V. Andropov certain steps were taken to curb the most visible and dangerous manifestations of organized ...
The prejudicial significance of decisions in Russian judicial proceedings
... importance in criminal proceedings, where the verdict can be based on the conclusions of the courts made in civil, arbitration or administrative proceedings.
This study focuses on the existing points of view in the academic papers, as well as in the law enforcement practice on application of the intersectoral nature of prejudice in the modern Russian criminal process and its limits. Comparative, analytical and historical research methods were used in the research. The author formulated the approach to ...
Alternative to criminal prosecution against accused juveniles
... in relation to minors aged 14 to 16 years. The mediation criteria system is analyzed and the obtained results are based both on the theoretical postulates of the criminal process and on an empirical basis (a survey was conducted among the subjects of law enforcement agencies of the Kaliningrad region).
1. Агабеков К. С. Критерии разделения уголовного преследования на виды и формы // Публичное и частное право. 2018. ...
Problems of legislative regulation of investigation activity on the Internet in countering extremism
...
informatsiya-v-rossiyskom-ugolovnom-prave (дата обращения: 20.05.2020).
24. Шаров В. И. Оперативно-розыскные мероприятия в сети Интернет // Общество и право. 2018. № 2 (64). С. 82—86.
Kutuzov A. V.
law enforcement agencies, countering extremism, the Internet, investigation activity, legal basis, investigation measures
5-15
The Disproportionate Expansion of the Object of Legal Regulation: The Concept and Forms
... сферы правового регулирования // Правоведение. 1980. № 5. С. 64—71. URL:
http://www.law.edu.ru/script/matredirect.asp?matID=187077
(дата обращения: 18.02.2018).
12. Немытина М. В., Михеева ... ....2018).
Sekhin I. V.
object of legal regulation, limits of legal regulation, legal nihilism, ‘dead’ legal rules, public enforcement
21-25
New stages of the excessive budget deficit procedure for the EU member states and the assessment of their effectiveness
....10.2017).
4. Regulation (EU) No 1173/2011 of the European Parliament and of the Council of 16 November 2011 on the effective enforcement of budgetary surveillance in the euro area // Official Journal of the European Union. 2011. Vol. 54. L306. P. 1—7.... .....
(дата обращения: 01.10.2017).
11. Louis, J.-V. The review of the Stability and Growth Pact // Common Market Law Review. 2006. Vol. 43, iss. 1. P. 85—106.
12. Making the best use of the flexibility within the existing rules of the Stability ...
The “Königsberg syndrome” in the law enforcement practices in the Kaliningrad region: the problems and the ways to solve them
This article analyzes the practical application of mechanism of privatization of accommodations in blocks of flats. The privatization of isolated residential accommodations in smaller blocks of flats is conducted in Kaliningrad by lessees and their family members following the pattern of a communal flat, i. e. only the living area of the house is taken into account when calculating the shares of proprietors.
1. Об утверждении Положения о признании помещения жилым помещением, жилого помещения непригодным...
Вопросы совершенствования специального правового режима предпринимательства в Калининградской области
... the central issues of improving legislation on еntrepreneurship in the Kaliningrad region, the application of the legal regime of Free economic zone, and its development. The authors offers several variants of solving the problem of regulation and law enforcement practice in the framework of the topic studied.
1. Об Особой экономической зоне в Калининградской области и о внесении изменений в некоторые законодательные ...
Терминологические трудности определения категории «правовой статус»
... denote diverse legal phenomena together with other legal structures, which results in the incoherence of the categorical mechanism. The authors suggest solution to the problems of using the term “legal status” in legal science, legislation, and law enforcement practice.
1. Стремоухов А. А. Юридический статус специального субъекта права (теоретико-правовой аспект) : дис. ... канд. юр. наук. СПб., 2002.
2....
Organisation and Activity of Police in border areas of North-Western Russia under Reconstruction of Soviet Society
... socioeconomic life of the USSR resulted in the growth of opposition attitudes. It necessitated higher efficiency of the officers of the National Commissariat of Home Affairs. The author considers the main forms and methods of the interaction between the law enforcement institutions
and local population.
1.
Архив
Управления Федеральной службы безопасности по Псковской области. Д.
4124. Л
. 453.
2.
Государственный
архив ...
The legal issues of the exclusion from the register of the residents of the special economic zone in the Kaliningrad region
... regarding the implementation of investment policy statements by the residents and the exclusion of the latter from the register in case of violations. The author draws attention to the problems of the improvement of the corresponding legislation and law enforcement practice.
1.
Об Особой
экономической зоне в Калининградской области и о внесении изменений в некоторые законодательные акты Российской ...
«Political banditism» at the north-western border of the Soviet state in the 1920s
... А.
М.
ВЧК-ОГПУ в годы новой экономической политики 1921—1928. М., 2006.
6.
ЦА ФСБ РФ
. Ф. 1. Оп. 5. Д.
179. Л
. 115—115об.
Matveev S.Ye.
civil war, political situation in the country, law enforcement authorities, banditism.
159-165