Correlation between the concepts of institution and sub-institution in criminal law
... correspondence between the concepts of institution and sub-institution in the criminal law. The understanding of the criminal law sub-institution as an element of the structure... ... 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... ... for its correlation with the institute of criminal law. Such approach encourages the author to identify the characteristics of criminal law sub-institution as an element...
How transcendental are Kant’s principles of public law?
... and preferable application. The principles are explicated in the treatise on perpetual peace. However, this article demonstrates that, 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 ...
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
The development of legal framework for Russia-EU relations: 2010 results
This article deals with the development of legal framework for Russia-EU relations in 2010. The author analyses the preparation of the new basic agreement, the development of sectoral EU-Russia agreements, and soft law amendments, as well as relevant regulations of the European Union and Russian law. The article reviews current initiatives ... ... 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 standard ...
Opportunities for Using Data on the Perpetrator in Human Trafficking Investigations
... 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 is to analyze the practice of investigating criminal cases of human trafficking and ... ... trafficking, specifically the data on the individual who committed the crime. Methodological Basis: To achieve this goal, the author employed the dialectical method, as well as a range of general scientific and special methods of scientific cognition (analysis,...
Functions of the prosecutor's office of the Russian Federation in protecting the social rights of employees of healthcare institutions: theoretical and practical issues
... in the field of social security of health workers, considers the implementation of the prosecutor’s powers to oversee the enforcement of laws in the social sphere, the execution of the rights of health workers to remuneration for work, compensatory and incentive and other payments, as well as additional social benefits. The authors introduce the results of the prosecutorial activity of the prosecutor’s office of St. Petersburg in protecting the rights ...
The subjects of legal monitoring of Justice of the Peace
The article deals with controversial issues of positive responsibility. The analysis enables the author to conclude that the category under investigation is a feature (property) of the subject of law, represents the exercise of subjective rights by his will and in his interest in accordance with legal norms, criteria for ... ... 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.,...
Discretionary powers of judges in the countries of the continental law system: A comparative analysis
This article analyses the features of judicial discretion in the continental law system. The author conducts a comparative analysis of the discretionary powers of judges in Northern, Western, and Southern Europe and describes ... ... закон / пер. Н. Гайденко-Шер, М. Шер. М., 2012.
Kirillova A.
continental legal family, source of law, enforcement activities, discretion.
93-98
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 is made that ...
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. Л., Синюк ...
On the role of the results of operational search activities in contemporary criminal proceedings
... 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 ... ... practice of using the capabilities of the operational units of the inquiry bodies for the purposes of criminal proceedings. The author aims to establish the reasons for the skeptical attitude of process scientists to the ORD results and substantiates the ...
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, genuine reforms are almost impossible to implement since they can lead ...
Problems of increasing the efficiency of the special economic zone legal regime in the Kaliningrad region
This article considers the main problems of 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 ...
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 crime, but this period itself was not long. Later restructuring essentially ...
The prejudicial significance of decisions in Russian judicial proceedings
... 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 solving the issue of the possibility and necessity of taking into account court decisions taken ...
Alternative to criminal prosecution against accused juveniles
... Methodologically, the article relies on general scientific methods: logical and systemic ones, the method of analysis and comparison. The author argues that mediation is possible only in relation to minors aged 14 to 16 years. The mediation criteria system is analyzed ... ... 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 ...
Problems of legislative regulation of investigation activity on the Internet in countering extremism
... context of countering extremism. The article analyzes the technical and legal features of online investigation measures.
The author analyzes the legislation on the investigation measures on the Internet aiming at counteracting extremist. The difference ... ... 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
Терминологические трудности определения категории «правовой статус»
... the term “legal status”. The authors draw attention to the fact that this term is used in different phrases to 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....
Interaction between party bodies and police in the Kaliningrad region of the USSR in the post-war period
... administration in the Kaliningrad region during the post-war period. The study covers the time from the establishment of militia authorities in the region in 1946 to the completion of the deportation of the German population in 1948. The research primarily ... ... 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 ...
Theoretical approaches to studying police officers’ breaches of conduct
... article analyses Russian and international theoretical approaches to interpreting breaches of conduct by police officers. The author stresses the need to verify empirically the relevance of classical postulates of organizational and social psychology for ... ... 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 ...
New stages of the excessive budget deficit procedure for the EU member states and the assessment of their effectiveness
... deficit procedure, particularly those having new and much tougher requirements. The author describes the degree to which these changes contribute to the elimination of... ... 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... ....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...
Вопросы совершенствования специального правового режима предпринимательства в Калининградской области
... практики по исследуемой теме.
This article considers 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 ...
Organisation and Activity of Police in border areas of North-Western Russia under Reconstruction of Soviet Society
... of intelligence officer training. The deep changes in the political and 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
... register of the residents of the Special economic zone in the Kaliningrad region, the court practice 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