JURISPRUDENCE
Within the framework of the issue being researched, it is of special importance that formation of a civil society and human rights and freedoms protection are fundamental aims of the activity of any constitutional state. When implementing any of the functions of the modern state it is necessary to consider the aims and objectives that it is facing, and at the same time accurate functioning of legal mechanisms and procedures of human rights protection has to be ensured. The author believes that highlighting the human rights and freedoms protection as a real and core aim of a modern state allows to think over the establishment of the body specializing in comprehensive human rights protection.
The paper bases on the history of the Faculty of Law of Kemerovo state University to discuss the problems of formation and development of the legal education system inKemerovoregion. The author identifies the major stages in the development of the system of legal education in Kuzbass. Attention is drawn to specific features of the present stage of its development. Detailed characteristics of the teaching staff of the Faculty of Law at all the stages of its development is provided.
The paper uses the example of the development of the system of higher legal education inKemerovoregion to define the problems of professional training of future lawyers, identify the obstacles to the development of this system, the ways and means to overcome them.
The paper analyzes the practices of various law enforcement agencies on the use and conductn of forensic examinations before the initiation of criminal proceedings during the audit of reports of crime. The circumstances that prevent the use and conduct of forensic examinations before the initiation of criminal proceedings are presented. The proposal is made about giving the expert the right «to be study the materials of the audit of reports of criminal case related to the subject of forensic examination».
The paper considers the problems of organization and functioning of the Prosecutor's supervision on theterritoryofTomskand Tobolsk provinces of the Russian Empire in the period of implementation of the 1864 judicial reform inSiberia. The authors argue the typical assertions that the Prosecutor's office, which was one of the mainstays of the monarchic regime, performed no human rights protection function to be incorrect. The paper concludes that, in general, the supervisory activities of the pre-revolutionary Prosecutor's office corresponded to the legal needs of the region and its people, and all of the challenges in its activity could be eliminated at the further stages of the judicial reform inSiberia.
The paper provides characteristics of the the general state of the judicial system in Siberia, formed as a result of the 1775 provincial reform during the reign of Catherine II, with the example of Tobolsk Province. The criminal proceedings pending in the courts of all levels ofTobolskProvinceare analyzed, a classification and statistics of criminal cases heard in the courts is provided, the causes of committing certain criminal acts and subject structure of a number of offenses are analyzed.
The paper discusses the formation and functioning in Siberia of a new model of public prosecution, the regulated by the 1775 Statute, the activities of the provincial and district attorneys and solicitors are analyzed, the problems and contradictions in the development of the Siberian prosecution and measures to eliminate them are described. The authors state that a fairly well-established system of supervision existed inTobolskProvince, which was a sort of “pilot” version of the new model of the Prosecutor's supervision, over the period of the judicial reform of Alexander II. The conclusion about the need for a major reorganization of the Institution of regional Prosecutor's office and improve its workforce.
Criminal law protection of honor, dignity, reputation and business reputation of special subjects is carried out by legal definition of private crimes of libel and insult, including legally defined crimes of contempt of the court. The victim in this case possessed special status due to their professional activities or performing a civic duty. The paper discusses some of the problematic issues of qualification of contempt of the court. These difficulties arise due to ambiguous interpretations of corpus delicti of contempt of the court. The paper reveals the legal definition of the investigated structure and identifies the possible ways of resolving contradictions. Research methods are analysis, synthesis and the method of comparative law. The present study can be used in the law enforcement, research activities and in the educational process.
Using extensive practical materials, the authors try to define the similar and distinctive signs arising at the initial stage of investigation of violation of safety rules at mountain works and murders in which fire acts as the tool or as means of concealment. The authors enrich the technology of collection of information at the specified stage of investigation of the two compared categories of crimes
The paper focuses on the draft amendments to the Article 339 of the Civil Code, prepared by the Ministry of Economic Development of Russia, which are aimed at implementation of the idea of creating consolidated complex of immovable property, whose components share a common aim of use. In general, the author evaluates the proposed changes positively. The author notes that they brings us back to the ideas expressed in the Concept of further development of the legislation on real estate of 15 December 2003. However, attention is drawn to the fact that the restriction of a consolidated complex of immovable property exclusively to immovable units will limit its use to solving the problems of linear objects. In addition, it will again raise the question of its delineation with the enterprise.
The paper analyzes the constitutional laws of the countries ofSouth Americaon the fixing and regulation of property rights. The purpose of the study is to analyze the causes of “constitutionalization” of the economy of the South American “case” which is relevant for theRussian Federationthat has also radically changed its approach to the constitutional regulation of the institution of property over the past decade. The authors conclude that the constitutional regulation of the institution of property inSouth Americatoday is developing in two opposite directions.
The paper defines the main conditions of development of dissent and focuses on the forms of the state’s fight against it. The content and consequences of criminal proceedings against dissidents in various regions of the country are revealed. The features of dissent in the regions of Western Siberia are: a latent form; a small circle of participants consisting of teachers and students; the influence of human rights defenders from Central regions ofRussia. The result of the confrontation between the authorities and dissidents was the suppression of dissent in the center and the regions ofRussiain the early 1980s, the ideology and forms of struggle of the various sects of dissenters will be in demand with the beginning of perestroika.
The paper discusses the effectiveness, relevance and necessity of updating the operational and investigative activities as a science and one of the types of state law enforcement at the present stage of social development. The authors justify the conclusion that this type of legitimate activity is an essential tool in the fight against criminal manifestations in our country.
The paper analyzes the development and formation of the Federal State Educational Standards as guarantees of one of the constitutional rights of citizens to education, including higher education, since the adoption of the Constitution of theRussian Federationand up to the present day. The purpose of the study is to analyze the changes in the state approach in the field of standardization requirements and conditions to the content of legal education. The author makes conclusions about the meaning of the Federal State Standards of higher education in Law in modern conditions of the labour market. The author discovered that the timing of the adoption of these standards is violated, the lack of professional standards in the field of jurisprudence exists, which negatively affects the quality of education and its alienation from the employers’ needs. The author points at the shortcomings of the existing procedures for approval of Federal Educational Standards of higher education in Law with potential employers, the lack of a uniform methodology of employers’ participation in the process of formulation of standards and evaluation of results of the educational programmes development.
The paper provides the analysis of changes in land laws in connection with the amendments, which entered into force on 1 March2015 inthe legal regulation of land rights. The author gives a legal assessment of changes to the legislation and identifies the legal problems of legal regulation. The paper concludes that the diversity of types of land rights is quite reasonable in modern terms; the introduced changes are an attempt of the legislator to match the norms of the civil and land legislation on the rights to land plots, providing special rules about them in the Land Code of theRussian Federation. The author notes that the rules of land law on lease of land significantly expanded, the legislator recognizes the right of land lease as primary, which, however, is not always justified. In addition, among the shortcomings of the changes in land legislation the author points out the inconsistency and ambiguity in the formation of the system of land rights, the designation of certain types of land rights, their distribution according to the articles of the Land Code of theRussian Federation. The Land Code is abundant in references to the civil law and procedural rules, which complicates the perception of the legal provisions on the rights to land plots, their interpretation and application. The author believes that the new practice will be difficult, and collaboration of both researchers and representatives of legislative, executive and judicial authorities is required.
The paper focuses on differentiating between criminal violations of safety rules (Art.143 of the Criminal Code of theRussian Federation) and criminal violations of safety regulations (Art. 143 of the Criminal Code of theRussian Federation). The aim of the research is to offer the methods to solve the problems of qualification of the foregoing crimes. The methods applied include logical methods, historical method and analysis of law acts. The study can be used in law enforcement and research. The measures of distinguishing the crimes above are analyzed during of the study. The author concludes that legislators should either create the list of the works whose rules violation is punishable under Art. 216 of the Criminal Code of theRussian Federation; or create the measures of distinguishing between the common safety rules and safety regulations in mining and constructions works; or include Art. 143 and 216 of the Criminal Code of theRussian Federationin one chapter with the differentiation of responsibility by the subject of the crime.
Basing on the analysis of theoretical foundations, management and organization of the process of placing convicts in prison, the paper offers a way to improve such activities. The author argues that the current mechanism of keeping convicts in prison has hardly any qualified and timely educational, pedagogical, psychological effect on them. In this regard, it is suggested that the process of placement in prisons must start from the expiry of the term of the convict’s stay in the quarantine unit and end with the period of serving the sentence allotted by the legislator under the ordinary conditions. The paper presents the results of studying the adaptation of convicts in some prisons. This work on the adaptation of the convicts has a positive impact on their placement in prisons.
The introduction of the Federal Law of December, 28, 2010 № 404-ФЗ marked the new stage of reform of preliminary investigation. It entailed the change of the criminal procedural status of the participants of side of prosecution, and, foremost, the leader of investigative agency and the public prosecutor. The paper analyzes the degree of influence of the indicated legislative transformations on the character of mutual relations of these subjects of criminal trial.
The paper studies the institution of conditional early release from criminal punishment in its relative historical aspect. The survey allows us to estimate the historical conditionality of the specified institution and take into account the positive experience of the previous legal regulation. Studying conditional early release from criminal punishment, we can conclude that the institute of exemption from criminal punishment has gone a long way of evolution from the replacement of punishment with a more lenient one to the independent institution. This path indicates the presence of historical conditionality which is one of the criteria of efficiency of the institutions of law. The legislator’s accounting of positive experience will reduce the percentage of relapse.
The paper is devoted to the basic criminological characteristics of people exempted from punishment in juvenile age. The personality of the juvenile offender is considered basing on several characteristics - socio-linguistic, social role and moral-psychological. In general, juveniles exempted from punishment, in addition to the qualities inherent to all people in this category, have some specific characteristics. It is the identity of juveniles (low educational level, commission of a crime under the negative influence, the ability to quickly mend) that lead to the application of this measure.
The instability of the civil turnover and the large number of risks in economic relations lead to the use of additional elements to protect interests of the legal relations parties. Some of these mechanisms are associated with the involvement of a third party to perform, but in most cases the method and mechanism of execution are changed. The paper discusses the general criteria that would allow to consider the created obligation to actually be security
The questions of definition of state audit (control) are discussed by author in the paper. In this regard, the author examines the legal basis of the concept of audit and the possibility of its use in the definition of state audit, as a special form of state control, which is carried out by the authority with the special competence.
The paper discusses the necessity of forming target monetary funds of economic entities in the market economy. In this regard, the authors investigate the legal basis for the formation of the target funds of economic entities, the necessity of their formation, the requirements for their formation.
The paper analyzes the corpus delicti classification by the moment of crime completion. The author considers allocating of a large number of types of corpus delicti by the moment of completion to be unreasonable, and comes to the conclusion that many types of corpus delicti allocated in the scientific literature have no specific character, but are variations of other corpus delicti. The paper provides the author's vision of the classification of corpus delicti by the moment of crime completion.
The paper is devoted to topical issues of qualification of crimes in various forms of complicity in a crime. The research aims at showing the specificity of the various forms of complicity in a crime, a reflection of this specificity in the classification of crimes. The author proceeds from a starting position that any complicity is the activity of a group of people, and the nature of complicity implies participation in the group crime, although the forms of committing a group crime (a crime committed by a number of partners) may be different. The author differentiates between the group the is not a sign of a crime, and the group that is a sign of a crime (constitutive or qualifying), and suggests characteristics of a group of individuals, group of people by prior conspiracy, criminal association (criminal organization). The paper shows the impact of various forms of complicity in a crime on the qualification of crimes, some arguments on the issues of concern are made. The work can be used in law enforcement and scientific activities, in the educational process.
The paper is devoted to the research of , extra-processual recourses to court, which is new for the Russian legislation. The author analyzes the new definition, describes the extra-processual recourses disclosure rules, the consequences of the extra-processual recourses and problems of the law enforcement practice. The author argues that the new field of legislation needs improving.
The paper discusses the experience of organization of court revision procedure of bringing the accused to trial, both inRussiaand abroad. The author concludes there are significant advantages of this form of bringing the accused to the court as the most effective way of monitoring the quality of preliminary investigation.
Russian history
The paper discusses the students’ preferences in choosing the products of Russian mainstream cinema as an agent and factor of socialization, representing its heroes and anti-heroes, axiological content and cultural constants in the formation of a special type of personality – the mass person. The author believes that the practice and measures of counteraction to negative consequences of the mainstream cinema influence are important, and that the studentage youth who are undergoing the process of personality formation should be trained to decode the underlying content in the mainstream cinema production.
The paper highlights the different approaches to the interpretation of the concept of «cross-sectoral social partnership », shows the specifics and describes various models of this type of social interaction within the framework of functioning and development of the system of social protection in the region.
The problem of interaction between government and society is key in the process of state-building. In modern conditions of background society stratification, the emergence of different forms of ownership, the creation of a multiparty system, the importance of the analysis of the relations between the executive authorities and the society increases. It is impossible to carry out reforms in the country in the interests of the population when the power is cut off from the society, and the society, in turn, is unable to influence the formation of public policy. The purpose of this paper is to show the possible effects of political and administrative control on the process of reforming society, and identifying the influence of the head of the subject of the Federation on these processes. The obtained results can be used in the governance process at the regional level. Thus, the study of the political and administrative management in the RF subjects can contribute to the identification of the main threats to the stability and the allocation of priority directions of the further development of the regions.
The paper examines the main approaches to the political changes of our time. The political characteristics of the concept of «sustainable development» is given. The meaning of transition to sustainable development in the context of national security of the transit companies is substantiated. The role of modern Russian youth as a subject of sustainable development and national security of Russia is revealed.
The paper discusses the main directions of the social policy in regard to the family in theRussian Federation,Kemerovoregion is considered as a particular example. The key areas of implementation of the social policy in regard to the family are considered to be: ways to solve the housing problem, the organization of activities of preschool institutions, social support for large families, wage level in the region and its ratio with the basic needs of the family expenses.
Protest movements of the Arab Spring did nor bypassAlgeria, although protests there had some specifics related, in particular, to the features of the socio-political development of the country. Relatively low mobilization of the population in recent years is largely due to the effects of the civil war in the 1990s and fears of a repeat of the “black decade”. Another reason was the flexible government policies introducing deep socio-economic and political reforms that allowed reducing the population’s discontent with the their lives.
The paper discusses the work of the social mechanism of implementation of the right to education for children in detention. Empirical analysis of the implementation of the right to education for children in the institutional terms of special educational institutions of closed type is based on the data obtained by the author personally. In 2013, the author interviewed 21 students (continuous sampling) of the Regional state special educational institution of closed type "Altai regional special boarding school of closed type", 7 parents of students (random sampling); a survey of 11 experts of from a number of educational authorities, law enforcement agencies, educational institutions was conducted, 22 teachers (continuous sampling) were asked to fulfil questionnaires. The analysis of the collected empirical data showed that public authorities as subjects of the right to education use all of the elements of the social mechanism of implementation of the right to education for children in detention: execution, compliance, utilization, and application. The findings can be applied by the participants of the educational process when building and implementing models of socialization in a special educational institutions; they can be used during the development and implementation of social technologies with the aim of socialization of juveniles at risk.
Politological researches of the transformation in the past two decades significantly contributed to the understanding of causes, forms of development and results of the processes of democratization and consolidation of the democaratic political system. At the same time, researchers have not yet comprehended the characteristics of a considerable number of new democracies which found themselves in the gray zone between consolidated, liberal and constitutional democracies and public autocracy. This paper aims at examining the substitutes as an element of formation of the modern political system ofRussia. As a result this brings us to the conclusion that the emergence of illiberal democracy can partially be explained by displacement of formal institutes of the constitutional state and its replacement with informal rules and institutes.
The paper examines a relatively new concept in international politics – “rogue state”, which is actively promoted by theUnited Statesin building a model of the unipolar world. The evolution of this concept and its acceptance by the leading political actors in the today’s world is shown. The author analyzes the situation withRussiaas a potential “rogue state”. The paper shows the internal and external factors that can turn contemporaryRussiainto a “rogue state”. It is concluded that modernRussiadoes not have the relevant technology and resources to respond adequately to the West in the new information warfare.
The paper is devoted to the problem of public policy formation of in social networks. The author analyses the necessity of the formation and promotion of the image of political leaders, their goals and objectives pursued. Specific examples of politicians who have their accounts on various Internet portals, and the nature of their virtual activity are analyzed.
The paper analyzes modern approaches to the study of regional political marketing. The author considers the regional political marketing to be the object of interdisciplinary research. It is also considered from the positions of synergetics (the general theory of self-organization). The author concludes that the approaches and concepts for the study of regional political marketing are just emerging.
In modern sociology, experiencing a paradigm crisis, humanistic sense approach is formed. It retains the humanistic tradition of phenomenological sociology and microanalysis, focuses on the person as a chief expert of their own life and its meaning. The paper contains the basic features, principles, methodical specifications of the young approach. This approach is based on the interpretive paradigm, but involves intense methodological potential, combining elements of macro- and micro-analysis. This solves many modern methodological problems in the humanities. This approach can be used for studying people and society as interacting with the help of the subjects senses, for studying processes of these interactions. The potential of analyzing the human life sense in the cultural and historical period is illustrated by the example of Art Nouveau. The vectors of development and the importance of this approach in the future are shown.
The paper discusses the main trends of public and political popular participation at the local level. The author analyses some problems of local self-government related to the lack of active popular participation in solving issues of local importance and the absence of effective mechanisms of interaction between government and society. The author declares public and political popular participation to be a source of development of local self-government.
The author considers and differentiates the concepts of political stability and political sustainability in the federative system and identifies the specifics of the federative political process. On the basis of the analysis of the standard theoretical approaches to political stability and political sustainability the author defines the essence of federative stability and federative sustainability.
The paper studies some aspects of civic culture formation inRussiain the context of the transition period. It argues a differentiated and hybrid nature of this type of culture and emphasizes the importance of civic consensus and solidarity. The author highlights the essential features and peculiarities of the Russian culture, its current (initial) phase of development and the main directions of its democratic transformation.
The paper is devoted to analysis of several aspects of the institutional design of the anticorruption policy in the subjects of the Baikal region of theRussian Federation. Structural-functional method has allowed to identify the main elements of a mechanism for implementing anti-corruption policy in the regions from the perspective of institutional design. The general and specific features of combating corruption in the subjects of the Baikal region are defined. The factors of the corruption prevalence in the Baikal region are recounted. The proposition that national identity enhances disintegrative tendencies in the anti-corruption cooperation is formulated.
The paper analyzes the origins and nature of regional secessionism in modernEurope. The author considers the main causes of secessionism, its relationship with the political processes in modernEurope. The differences between secessionism in the early 21st century and manifestations of secessionism in previous historical periods are analyzed.
The author analyzes the process of development of youth parliament, in particular – the contemporary model of regional youth parliaments, which is of vital for contemporaryRussia. The paper analyzes the mechanisms that contribute to attracting young people to the active political participation by improving the institutions of civil society. At the same time, the author comes to the conclusion that most of the youth parliament models existing in the Russian regions can not yet be regarded as full members of civil society and legitimately represent the interests of various categories of the Russian youth.
The paper raises the question of the position of the Internet in the modern media, the specifics of its perception in the public mind, as well as its role in the socio-political life of the society. The author analyzes the results of the sociological survey conducted May2014 inKemerovoregion, among the tasks of which was to investigate the media preferences of Kuzbass population. The author discusses the role of virtual social networks in the interaction of people and their use for political purposes. The author notes that today the Internet is turning into a generally recognized information channel that allows conducting real-time surveys on social issues, deploying election campaigns, providing full information on the activities of public authorities, receiving feedback. The websites of administrations host virtual “counseling offices” where question can be asked, and feedback can be submitted. According to the survey, the majority of respondents are aware of the websites of administrations ofKemerovoregion cities and virtual “counseling offices” where citizens can ask questions, post reviews, but few of them did. The modern information support of the relations between the state authorities and the people, their openness and transparency to the public affects the efficiency of the power and political support of citizens. The author concludes that besides manipulating the public consciousness, the potential of the Internet and social networks can be used for dialogue between the people and the power.
The paper discusses the changes in the confessional map of Kuzbass that occurred as a result of the change of the state religious policy vector in the early 1990s., the transformation of the internal structure of religious communities, including the age and sex composition, geographical location within the settlements, the direction of missionary activity, as well as inter-confessional interaction processes at the turn of the 20th – 21st centuries.
The paper offers a methodological approach to marginality in the context of sociological study of political consciousness and behaviour. The paper shows the contradictions in political consciousness and behaviour which allow to consider the phenomena in the marginal aspect. The criteria of political consciousness and behavior marginalization in transitive society are listed. The authors characterize some rules of sociological analysis of the phenomena.
The paper considers the problems of organizational structure and staffing of institutions of the West Siberian regional Prosecutor's office in the period of the formation of a new model of public prosecutions. The authors conclude that the characteristic features of the regional Prosecutor's office (excessive ideological approach, staff turnover, low educational level of prosecutors) – had negative effect on the quality of activities of the Prosecutor's office and the state supervision over the legality.
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