«RULE-OF-LAW» AND «SOCIAL»IN THE DESCRIPTION OF THE SOCIAL RULE-OF-LAW STATE
SHABUROV Anatoly Stepanovich
Doctor of sciences (law), professor of the chair of theory of state and law of the Ural State Law University, Yekaterinburg, Russia.
Characteristic of the State as a social and rule-of-law entity suggests a unity and a contradiction of two categories: "social" and "rule-of-law". These are the categories that make up the unity, at the same time, presuppose the existence of contradictions. Their implementation in the State, suggesting a struggle of opposites, in practice, could lead to statehood crisis. Overcoming this condition implies the improvement of legal regulation and increasing the level of development of social sphere of a civil society. Therefore, a modern democracy should not be interpreted as "social" or "rule-of-law" but as "social rule-of-law".
Key words: social, rule-of-law, government, civil society, the Constitution, model, the Russian Federation, policy.
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RUSSIAN NEO-LIBERAL POLITICAL AND LEGAL DOCTRINE OF THE LATE XIX – EARLY XX CENTURIES. ON THE ROLE OF JUDGES IN THE FORMATION OF SOCIAL RULE-OF-LAW STATE
POPOVA Anna Vladislavovna
Doctor of sciences (Law), candidate of sciences (philosophy), associate professor, assistant professor of the chair of theory and history of state and law of the department of law of the Financial University under the Government of the Russian Federation; professor of the chair of theory of state and law named after G.V. Maltsev of the department of law of the Russian Academy of National Economy and State Service under the President of the Russian Federation, Moscow, Russia
In the article on the basis of comparative legal analysis of the works of neo-liberal thinkers, the author shows the role of legal consciousness of judges for the formation of a social rule-of-law state. This theoretical concept was first announced by the representatives of sociological positivism of neo-liberal political and legal doctrine and was legalized in the bills of the Party of constitutional democrats.
Key words: neo-liberal doctrine, the sociological school of law, positivism, sense of justice, morality, judicial power.
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NATIONAL IDEA OR RULE-OF-LAW STATE THROUGH THE PRISM OF NATIONAL INTERESTS
SALNIKOV Viktor Petrovich
Doctor of Sciences (Law), professor, chairman of the Editorial Board and editor-in-chief of the "Legal Science: History and the Present" journal, Honored Worker of Science of the Russian Federation, Honored Worker of Higher Professional Education of the Russian Federation, Saint Petersburg, Russia
SALNIKOV Mikhail Viktorovich
Doctor of Sciences (Law), professor, head of the St. Petersburg Research Center of Intellectual Property NSRIIP, Saint Petersburg, Russia.
ROMANOVSKAYA Vera Borisovna
Doctor of Sciences (Law), professor, holder of the chair of theory and history of state and law of the Lobachevsky State University of Nizhny Novgorod, Nizhny Novgorod, Russia
ROMANOVSKAYA Lyubava Rostislavovna
Candidate of Sciences (Law), assistant professor of the chair of constitutional and administrative law of the Lobachevsky State University of Nizhny Novgorod, Nizhny Novgorod, Russia
Speculations on the theme of the national idea of the Russian State led to the statement of the problem of contradiction between the theory of human rights in its western sense and national interests of the Russian society. Authors debate on the necessity of correspondence of state-legal concepts with traditional, moral, and ethical beliefs of the society. Authors suggest a new understanding of ideologeme “Orthodoxy, monarchy, nationality” in accordance with modern situation in the state and society.
Keywords: national idea, rule-of-law state, human rights, import substitution, patriotism, faith, strong authority.
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ABUSE OF LAW AS A DEFORMATION OF LEGAL CONSCIOUSNESS
ISHKILDINA Gulnara Rashitovna
candidate of sciences (law), assistant professor of the chair of civil law and procedure of the State Budgetary Educational Institution of Higher Professional Education «The Bashkir Academy of State Service and Administration under the President of the Republic of Bashkortostan», Ufa, Russia. Deformation of legal consciousness predetermines legal behavior of a person. Types of deformation of legal consciousness: legal infantilism, legal nihilism, legal idealism, legal fetishism, legal egocentricity, which negatively affect the behavior of a person. It has been analyzed that immature or deformed main elements of legal consciousness predetermine the subjective side of legally valid actions. Deformations of legal consciousness lead to indifference or unawareness of a person’s rights and freedoms (legal infantilism), formation of illegal orientation of negation of his own rights and freedoms (legal nihilism), aspiration to solve problems only with the help of the law (legal idealism), or use of the law for lucrative purposes (legal egocentricity). Deformation of professional legal consciousness lead to the abuse of law. The abuse of legal rights, determined by legal egocentricity, exercise the right in contradiction to its assignment, a person goes beyond the stated limits of rights realization and offence the interests of the society, the state, rights and interests of citizens.
Key words: legal consciousness, components, deformation, legal infantilism, legal nihilism, legal idealism, legal egocentricity, the abuse of law.
1. Ishkildina G.R. Modernization of legal awareness and legal culture of civil society in Russia / A.G. Khabibulin, M.V. Mikhailov, I.A. Kuznetsov, G.R. Ishkildina. Ufa: Bashkir State Pedagogical University, 2007. P. 283.
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8. Matuzov N.I. Legal idealism as the flip side of legal nihilism. Legal kultura. 2013. № 1 (14). P.11.
9. Petrov Y.L. Abuse of the right as one of the negative phenomena (type) of a legal fetishism. Bulletin of the South Ural State University. Series: Pravo. 2011. № 19 (236).
10. Malinovsky A.A. Legal self-centeredness as a kind of deformation of the individual sense of justice. Theory and history prava. 2008. № 6. P. 175.
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PROBLEMS OF REALIZATION OF FEDERAL STATE STANDARDS OF HIGHER EDUCATION MAJOR “JURISPRUDENCE”(LEVEL OF BACHELOR DEGREE AND MAGISTRACY)
ALEKSANDROV Andrei Yuryevich
andidate of sciences (Law), associate professor, holder of the chair of public law of the Chuvash State University named after I.N. Ulyanov, Cheboksary, Russia
candidate of sciences (Law), associate professor, holder of the chair of financial Law of the Chuvash State University named after I.N. Ulyanov, Cheboksary, Russia.
IVANOVA Olga Andreevna
candidate of sciences (Law), assistant professor of the chair of public law of the Chuvash State University named after I.N. Ulyanov, Cheboksary, Russia
One of the most important components of the process of higher education reforming is the transition from the "Knowledge" approach in teaching to the practice and competency approach. The rapidity of these transformations is due to dynamic development of the economy, growing demands of the Russian labor market, the need to expand and update professional knowledge and skills in future graduates’ professional life. At the same time, the desire for unification and modernization of higher education should not harm the quality of students training. Renovated higher school should not completely abandon classical traditions of Russian education or ignore the specifics of majors and specialties. The practice has shown that the modernization of the education system in our country, of course, must be carried out with regard to global trends, but still should be based not only on foreign standards but on real order of the domestic economy. The correctness of this thesis is confirmed by some Western countries sanctions against Russia that followed Ukraine political crisis, and it has extremely aggravated issues of import substitution, which cannot be solved without formation of national economy of new type, which has human resources and is geared toward socio-economic problems solution.
Keywords: Federal state educational standards of higher education 3+, major “Jurisprudence”, the reform of higher education, problems of higher juridical education.
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(the date of circulation: 02.05.2015).
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THE DEVELOPMENT OF PARTY LEGISLATION IN RUSSIA (THE END OF XX –THE BEGINNING OF XXI)
NIKIFOROV Alexander Yuryevich
candidate of sciences (political sciences), assistant professor of the chair of political science and history of the Institute of Law of the FBSEI HPE “Bashkir State University”, Ufa, Russia
Legal status of political parties and development of party legislation. Special aspects of the legislation of political parties and the legal status of parties in Russia in the end of XX – the beginning of XXI. Strong one-party system did not allow thinking of emergence of any political parties and elaboration of regulation norms for the relationship with them. This was determined by the character of the leading legal consciousness of the Russian society as well as by the situation in the sphere of political and legal theories, concepts on state structure; the status of the constitutional law and its relation to the party system. The condition of the national theory of the constitutional (state) law in terms of legal regulation of relations, connected with political parties.
Key words: party legislation, the Federal Law "On political parties", party systems, legal status of political parties.
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PROFESSIONAL JURIDICAL NON-GOVERNMENTAL ASSOCIATIONS: CONCEPT, SIGNS, TYPES
ELSOV Nikolay Sergeevich
candidate of sciences (law), associate professor, holder of the chair of theory and history of state and law of the Tambov State University after G.R. Derzhavin, head of the Federal Registration Service in the Tambov region, chairman of the Tambov regional branch of the Russian non-governmental organization "Association of Lawyers of Russia", Honored Lawyer of the Russian Federation, Tambov, Russia
Authors analyze the essence and base characteristics of professional juridical non-governmental organizations, which must consist of members of juridical professions (who have juridical education), and must have social character, i.e. non-governmental (non-state) basis. The first characteristic distinguishes all professional juridical associations in general. The second characteristic allows distinguishing a variety of professional juridical organizations in accordance with their participation in state functions exercise and the presence of authoritative powers and involvement into the state apparatus. It is concluded, that professional juridical associations may be formed inside juridical professions, which were constituted historically under the influence of different social processes. These are Bar association, Notaries, Community of judges, Prosecution Service, which present objectively formed juridical corporations. The author highlights the importance of the social character of professional organizations in general, which allows separating them from social professional organizations of the state character. Organizations of the community of judges and prosecutors serve in the function of the latter. The author beliefs that professional social organizations are social associations created on the non-governmental (non-state) basis in accordance with general interests, aims, tasks, and consisting of the members of juridical professions, who have juridical education. The author gives the classification of professional juridical associations; the author highlights particular characteristics such as: the degree of their participation in the realization of state functions and the presence of the powers of authority; the territory, where professional juridical organizations perform their activity; the specialization of their participants and indication of their interests.
Key words: professional non-governmental associations, legal corporations, professional legal non-governmental associations, non-governmental organizations.
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LEGAL EDUCATION IN THE MECHANISM OF ENVIRONMENTAL CULTURE FORMATION
SHARETDINOV Jeduard Fauzievich
candidate of sciences (law), professor of the chair of constitutional and administrative law of the Bashkir Academy of State Service and Administration under the President of the Republic of Bashkortostan, Ufa, Russia.
The current state of environmental and legal culture of society is poor, and this is due to the low efficiency of environmental law. The concept of "eco-legal culture" in the Russian legal science is not developed enough and it causes some difficulties. This constituent element of legal culture is often confused with environmental culture. The main feature of ecological and legal culture is that it is formed only on the basis of environmental law, and not on the whole amount of environment knowledge at large and it is a narrower concept than environmental culture. This is due to the importance of understanding the difference between these two concepts. This eco-legal component should be implemented as widely as possible to all the possible components of the education system.
Key words: environmental law, legal education, mechanism of formation of ecological culture, ecological and legal culture, environmental issues.
1. Gabitov A.D. Rule of law and enhancing its role in protecting the environmental rights of citizens of Russia. State of Law: Theory and Practice. 2014. № 3 (37).
2. Federal Law "On Environmental Protection" dated January 10, 2002 № 7-FZ (original version, without changes and amendments). Meeting of the legislation of the Russian Federation. 2002. № 2. Art. 133. Access of reference and legal system "Consultant".
3. Arzamaskin N.N. Legal culture as an element of the legal system of modern Russia. legal state does. 2015. № 2 (40).
4. Morozova L.A. Theory of State and Law. M.: Eksmo, 2007.
5. Galiev F.H. Legal culture and legal state. State of Law: Theory and Practice. 2014. № 2 (36).
6. Galiev F.H. Moral guidance of legal culture. The moral foundations of law enforcement Dey-sequence: Materials of All-Russian scientific-practical conference of December 15, 2009. Ufa: RIC BSU, 2010.
HISTORICAL AND PHILOSOPHICAL ASPECTS OF THE STUDY OF SLAVOPHILISM
MELNIKOV Ivan Igorevich
postgraduate student of the chair of international law and international relations of the Institute of Law of the FBSEI HPE “Bashkir State University”,
MELNIKOVA Alena Alekseevna
postgraduate student of the chair of international law and international relations of the Institute of Law of the FBSEI HPE “Bashkir State University”,
The study of issues related to cultural, spiritual and national self-determination of our country at the present historical epoch is central in the national historiography. Slavophile political doctrine was based on moral and religious and other traditional values, singularity (identity) of Russian history and statehood. The Slavophile political ideal is characterized by: commitment to the people in monarchy; its absoluteness; mutual non-interference of the state and the people in each other's affairs; the lack of bureaucracy as an interagent between them; a ruler of good morals; wide social state functions. Slavophilism should be considered as the most studied Russian social thought; it is proved by the number of literature published in our country and abroad. The authors refer to the analysis of historical and philosophical aspects of the study of Slavophilism to work at the positive experience that can be used in future.
Key words: slavophilism, the people, socio-political doctrine, state and law theory, conservatism, liberalism.
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5. Kolupaev N.P. Biography Of A.I. Kosheleva. M., 1892. Vol. 1-2.; Lyaskovsky V. A.S. Khomyakov, his biography and teachings. Russian archive. 1896. No. 11; M. Borodkin Slavophilism Tyutchev and Herzen. SPb., 1902; Savanovic V.Z. A.S. Khomyakov. Kiev, 1905. Vol. 1-2.
6. Semevsky V.I. Peasant question in Russia in XVIII-first half XIX century St. Petersburg, 1888. T. 2; Chernyshevsky N.G. Essays on Gogol period of Russian literature. Full. SOBR. Op. M., 1947. T. 3.
7. Berdyaev N.A. the Philosophical and intellectual truth. Milestones; the Intelligentsia in Russia. M., 1991; M.O. Gershenzon Creative identity. Milestones; The intelligentsia in Russia. M., 1991.
8. Berdyaev N.A. the Russian idea. About Russia and Russian philosophical culture. M., 1990; Gershenzon, M.O. I.V. Kireyevsky. Herald Of Europe. 1908. No. 8; M.O. Gershenzon Slavophilism. Questions of philosophy. 1997. No. 12.
9. Berdyaev N.A. Alex Stepanovich Khomyakov. M., 1912.
10. Taube M.F. Slavophilism and its definition. Kharkov, 1905.
11. Ivanov-Razumnik R.V. History of Russian social thought: in 3 vols, 1997. T. 1.
12. Plekhanov G.V. Coll. op. M.; L., 1926. Vol. 23.
13. Dmitriev S.S. Slavophiles and Slavophilism. From the history of Russian social thought in the mid-nineteenth century Historian and Marxist. 1941. № 1.
14. Tsimbaev N.I. Slavophilism. From the history of Russian political thought XIX V. Moscow, 1986.
15. Volodin A.I., Utopia and history. M., 1976; Popov A.A., Social and political views Khomyakova. Socio-political Sciences. 1992. № 4-5.
16. Vasiliev A.A. State legal ideal of the Slavophiles. M., 2010.
PRE- ISLAMIC RELIGIOUS BELIEFS AND ISLAM AMONG BASHKIRS
RAKHMATULLINA Zilya Nurmuhametovna
candidate of sciences (philosophy), director of the Uchaly department of the FBSEI HPE “Bashkir State University”, Ufa, Russia
Islam as an integral part of the history and culture of the Bashkir people had a significant impact on the growth of its national consciousness, played ethnoconsolidation role against external violence, determined the specific spiritual path. The shariat standards and the muslim legislation joined the social life of Bashkirs together with islam. Many institutions of patriarchal tribal system of Bashkirs still remained and as a result there is some kind of synthesis of shariat and adapt – standards of customary law. The Bashkir variant of Islam has its own characteristics that distinguish it from Orthodox Islam of the Middle East. A number of specific characteristics are distinguished: firstly the separation of power and religion, weak political expression of the Muslim beliefs, and secondly, insufficient development of the economic principles of the existence of the Muslim community, thirdly, the preservation of relics of pre-Islamic beliefs among the Bashkirs until the twentieth century.
Key words: islam,shariat, adapt (customs, tradition), minoret (inherity system), karista (blood revenge), profit (economic revenge), amanat (hostage), criminal, sufism, theosophy.
1. Valeev D.J. Philosophical ideas in the Bashkir culture.. Vatandash, 1997.
2. See: Bashkortostan in Russian literature. Ufa: Bashkir publishing house, 1989. Vol. 5.
3. Rybakov S.G. Music and songs of the Ural Muslims with the essay of their life. St. Petersburg, Printing Office Of The Imperial Academy Of Sciences, 1897.
4. Nikolsky D.N. The Bashkirs. SPb.: Type. P.P. Soikin, 1899.
5. Uldashbaev B.H. History of the formation of Bashkir nation. Ufa.: Bashknigzdat, 1972.
6. Kiekbaev D. Relatives and friends. M.: Contemporary,1985.
7. Bashkir folk epos / The introductory Article of A.C. Mirdabaleyeva Moscow: Nauka, 1977.
8. Abramson S.M. The Kirgiz and their ethno-genetic and historical-cultural ties. L-d.: Nauka, 1971.
9. Valeev D.J. Moral culture of the Bashkir people: the past and the present. Ufa: The Bashkir publishing house 1983.
10. Kuzeev R.G. The family law of Bashkirs. Teacher of Bashkortostan, 1993. №. 2.
11. The Koran /translated and com. by I.Y. Krachkovsky. M.: Voloknor, 1990.
12. Yunusova A.B. Islam in Bashkortostan. Ufa: Kitap, 1999.
13. Nietzsche F. The wanderer and his shadow. M.: REFL-book, 1994.
14. Azamato D.M., Vildanov A.H. et al.. Vatandash, 1996. №. 3.
15. Basilov V.N. The cult of saints in Islam. M.: Mysl', 1970.
THE CONCEPT OF EFFECTIVENESS OF THE SOCIO-LEGAL POLICY OF THE STATE
ABRAMOV Pavel Vasilyevich
1. Zhinkin S.A The effectiveness of law: anthropological and value dimension. Abstract. diss.... Doctor. jurid. Sciences. Krasnodar, 2009.
2. Kazarian T. Methods of law in analytic philosophy of law. Problems of methodology and philosophy of law. Samara, 2014.
3. Pashkov A.S., Chechot D.M. The effectiveness of regulation and methods of detection. the Soviet state and the right. 1965. № 8.
4. Kozlov V.A. Problems in the theory of efficiency of the legal norm. Abstract. diss.... Cand. jurid. Sciences. L., 1972.
5. The effectiveness of legal norms / Kudryavtsev V.N., Nikitinsky V.I, Samoschenko I.S., Glazyrin V.V. M.: jurid. lit., 1980.
6. Lazarev V.V. The effectiveness of law enforcement acts (theory Questions). Kazan, 1975.
7. Petruhin I.L., Morschakova T.G., Baturov G.P. Theoretical Foundations of efficiency of justice. M.: Nauka, 1979.
8. Commentary on the Convention for the Protection of Human Rights and Fundamental Freedoms and its implementation /, ed. Ed. V.A. Tumanova and L.M. Entin. M.: in Norma, 2002.
9. Resolution of the Plenum of the Supreme Court from 28.06.2012 №17 «On consideration of civil cases by courts in disputes on the Protection of Consumer Rights". Bulletin of the Supreme Court. 2012. №9.
10. Resolution of the Plenum of the Supreme Court from 27.06.2013 №20 «On the application of legislation on voluntary insurance of property of citizens". Bulletin of the Supreme Court. 2013. №8.
INVESTMENT LAW OF MODERN RUSSIA: PROBLEMS AND SOLUTIONS
ARZAMASKIN Alexei Nicolaevich
post-graduate student of the chair of theory and history of state and law of the faculty of
law of the Ulyanovsk State University,Ulyanovsk, Russia.
At present, we can see numerous problems connected with geopolitical and economic changes, we face ideas of transferring to a new model of economic development. One of the tools to construct an effective model is investment activity. It is becoming obvious that activation of investments serves as a guarantee of successful realization of planned changes. Among topical questions, we see problems connected with the necessity of updating legal groundwork of investment activity and of the administrative mechanism of investment projects realization in connection to the changes of economic policy and development of inner potential of Russia. Positive legal and regulatory examples of regional experience on creating favorable investment climate are shown
Key words: legal groundwork of investment activity, federal and regional legislation, economic policy, investment, public-private partnership.
1. "Budget Code of the Russian Federation" of 31.07.1998 N 145-FZ (ed. by 12.26.2014, as amended. From 08.03.2015) (rev. and ext., joined in force from 01.03.2015). http://base.consultant.ru.
2. The federal law from 25.02.1999 N 39-FZ (ed. By 12.28.2013) "On investment activity in the Russian Federation in the form of capital investments". http://base.consultant.ru.
3. The federal law from 05.04.2013 N 44-FZ (ed. By 04.06.2015) "On the contract system in the procurement of goods, works and services for state and municipal needs". http://base.consultant.ru.
4. The federal law from 29.07.1998 N 136-FZ (ed. By 14.06.2012) "On peculiarities of the issue and circulation of state and municipal securities". http://base.consultant.ru.
5. The federal law from 29.11.2001 N 156-FZ (ed. By 03.12.2014) "On Investment Funds" (rev. and ext., Joined. In force from 01.07.2014). http: //base.consultant.ru.
6. Sidorova E.V. On the question of the concept of "public investment". Power. 2011. №9.
7. The law of the Ulyanovsk region of 15.03.2005 № 019-ZO "On the development of investment activity, the Ulyanovsk region». http://www.garant.ru.
8. The law of the Ulyanovsk region of 02.12.2013 № 220-ZO "On approval of the Program-social-economic development of the Ulyanovsk region for 2013-2015». http://www.garant.ru.
9. Law of the Samara Oblast "On state support of investment and investment activities in Samara Region" on March 16, 2006 № 19-GD. http://www.garant.ru.
10. Law of the Samara Region "On reduced tax rate on profits be paid to the regional budget" of 7 November of 2005 № 187-DG. http://www.garant.ru.
11. Law of the Republic of Tatarstan from 19.07.1994 №2180-XII «On Foreign Investments in the Republic of Tatarstan». http://www.garant.ru.
13. Sklyarova Y.M. Tools and methodology of multivariate analysis of the investment climate of Russia: monograph / Y.M. Sklyarov. Stavropol: ARGUS, 2012.
ON THE ROLE OF THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION IN THE PROTECTION OF RIGHTS AND FREEDOMS OF MAN AND CITIZEN IN THE RUSSIAN FEDERATION: CONSTITUTIONAL AND LEGAL ASPECTS
GRIPP Elvina Harisovna
candidate of sciences (law), associate professor, deputy head of the chair of constitutional and international law of Saint-Petersburg University of the Russian Interior Ministry, Saint-Petersburg, Russia
YAKHINA Julia Harisovna
candidate of sciences (law), associate professor, head of the chair of constitutional law of the Ufa Law Institute of the Russian Interior Ministry, Ufa, Russia
The role of Constitutional Court of the Russian Federation in human rights and freedoms protection of citizens of the Russian Federation. Foreign legislation on the work of constitutional control authorities (supervision) in the sphere of human and civil rights and freedoms. Introduction into the jurisdiction of constitutional control authorities (supervision) of special powers on human rights and freedoms protection - is a characteristic feature of legislation of many foreign states regardless of the model of constitutional control. The problematic of the former and present legal regulation of the constitutional complaint to the Constitutional Court of the Russian Federation. Authors make improving proposals about constitutional legislation in the discussed sphere. They belief it is necessary to widen the subject of a constitutional complaint, including bylaws of the highest agencies of the state along with laws. As long as the most number of violation of constitutional rights and freedoms of citizens characterizes this sphere, the Constitutional Court of the Russian Federation plays an important role in protection of human rights and freedoms. Realizing abstract and concrete constitutional control, this institution is a substantial guarantee that a citizen would realize his constitutional rights.
Key words: The Constitutional Court of the Russian Federation, protection of constitutional rights and freedoms of man and citizen, constitutional complaint, inquiry, judicial constitutional control, powers of constitutional courts, the Constitution, law, bylaw, the judiciary.
1. Zhilin G.A. Unity of the constitutional justice in the Russian Federation. Journal of constitutional justice. 2012. № 1.
2. Vitruk N.In. The constitutional Court of the Russian Federation for the protection of fundamental constitutional rights and freedoms of citizens. human Rights and law enforcement: theses of reports and messages. Volgograd., 1995. P.12.
3. lüscher F. Constitutional protection of the rights and freedoms of the individual. M., 1993.
4. Tumanov V.A. Constitutional justice. the Judicial system of Western States. M., 1991.
5. Judicial constitutional control in the countries of the world. Overview. Vol.2. 1996.
6. Constitutional law: East European review. 1993. No. 2.
7. Ledyakh I.A. the Law on the constitutional Court of the Russian Federation, 1994. Overall theory of human rights / edited by Lukasheva E.A. M., 1996.
8. Amethysts E. Protection of social human rights in the constitutional Court of the Russian Federation: first steps and future prospects. the Bulletin of the constitutional Court of the Russian Federation. 1995. No. 4. P. 33.
9. The collection of RF legislation.1997. № 9. Article 1011.
10. Stremoukhov V.A. Legal protection of human rights: theoretical aspect. Author. Diss. Dr. Jurid. Sciences. SPb., 1996.
11. The collection of RF legislation. 1995. No 47. Article 4472.
12. Savitsky V.M. the Organization of the judiciary in the Russian Federation. Moscow, 1996.
13. Morshchakova T.G. A Few comments relating to procedural aspects of the constitutional Court. constitutional Gazette. 1991. No 6.
14. Ledyakh I.A. the Law on the constitutional Court of the Russian Federation, 1994. Overall theory of human rights / edited by Lukasheva E.A. M., 1996.
ON THE IMPROVEMENT OF STATE AND MUNICIPAL CONTROL (SUPERVISION) IN THE RUSSIAN FEDERATION
USMANOVА Diana Rafaelevna
candidate of sciences (law), senior instructor of the chair of administrative and legal disciplines of Ufa Law Institute of the Russian Interior Ministry,Ufa, Russia.
From the moment of the passage of the law as of December, 26, 2008 № 294-FL «On the protection of rights of legal entities and individual enterprisers when exercising state control (supervision) and municipal control» difficult problems in this sphere have been solved. Nevertheless, the practice of control and supervision activity shows that the major part of checks do not detect any violations of necessary requirements, which pose immediate threat of harm doing. Moreover, problems of legal regulation of state control and supervision were repeatedly discussed on different levels. That is why improvement of state control and supervision must be connected with more radical changes in the legislation basis. In connection with the former, the Ministry of economic development and trade of the Russian Federation elaborated a concept of the project of the Federal Law “On state and municipal control (supervision) in the Russian Federation”, which is an important step in the realization of control function of executive authorities
Key words: bodies of state administration, control, supervision, control and supervision activity.
1. Order of the RF Government of 17.11.2008 № 1662-r "On the Concept of long-term socio-economic development of the Russian Federation for the period till 2020". Meeting of the legislation of the Russian Federation, 24.11.2008, № 47, Art. 5489.
3. Levonenkova T.A. State and municipal control (supervision) finding effective solutions. Journal of Russian law. 2014. № 9. P. 140-149.
4. Nozdrachyov A.F. Control: Legal novel and unsolved problems. Journal of Russian law. 2012. № 6. P. 18-28.
THE FORMULA OF INSTINCT FOR SELF-PRESERVATION AND ITS IMPORTANCE IN PRACTICAL ACTIVITY OF A MEDIATOR
MURZABULATOV Ural Mullakhmetovich
candidate of sciences (law), acting holder of the chair of civil procedure of the Institute of Law of the FBSEI HPE “Bashkir State University”, Ufa, Russia
Currently, questions, concerning elaboration of standards and rules of professional activity of mediators, are becoming more topical. That is why the author thinks it is necessary to bring to the attention of the public the basic statements of his formula of conflict escalation and algorithm of solving the conflict by peaceful means. He also makes suggestions on the use of these formulae in practical activity of mediators. This formula of conflict development and instinct for self-preservation from violence has educational character and adds to the number of instrumentariums in mediators’ work. Knowledge of these formulae helps a mediator to analyze conflicts in development and make an algorithm of its solution at early stages, before it comes to the court
Key words: rule-of-law state, the Constitution, civil society, Modern Age, legal science, institute.
1. Kuzbagarov A.N. The reconciliation of the parties conflicts of private law nature. Research publication. SPb., 2010.
2. Isakov K.A. Legal state as the basis of constitutional and legal development of modern Russia. Legal state: theory and practice. 2014. № 4 (38).
3. Ranov F.M. Civil society and legal state the essence of the modern theory of social development. legal state: theory and practice. 2015. № 1 (39).
4. Lenoir N.N. Alternative dispute resolution: negotiation and mediation: Educational-methodical manual. SPb., 2004.
5. Federal law of the Russian Federation dated July 27, 2010 № 193-FZ "On alternative procedure of dispute settlement with participation of mediator (mediation procedure)". PT. 19.
6. Zdravomyslov A.G. Sociology of conflict. N. Novgorod, 1994.
7. Dmitriev, A.V., Kudryavtsev V.N., Kudryavtsev S.V.Introduction to the General theory of conflict. M., 1993.
8. Dal V.I. Explanatory dictionary of the Russian language. M., 2002.
RIGHT OF CITIZENS TO HOUSING: PROBLEM OF RESETTLEMENT OF SUBSTANDARD HOUSES, STATED UNINHABITABLE (DOMESTIC AND FOREIGN EXPERIENCE)
KHAYRLVARINA Liliya Ildarovna
postgraduate student, senior counsel of MUE “Ufa Real Estate Center”, Ufa, Russia
At present, the problems of resettlement of substandard houses, stated uninhabitable, are of major topicality. The condition of Russian housing facilities leaves much to be desired, whereas state authorities do not have finances to provide accommodation for those citizens, who have such rights. It is necessary to make a strict organization of subjects’ activity with a definite coordination center, which is aimed at optimization of the process of external interaction; such work will accompany the process of social and partner communication and make one of the conditions of its success. On the one hand, attraction of investors to the problem of slum and substandard housing gives an opportunity to solve this problem; on the other hand, there is no economic effect for investors. Correspondingly, from the point of regional authorities, as well as citizens, projects of investments into reconstruction of housing are profitable for them, but not for investors. In this case, the balance of interests, especially of investors, is reached with the help of various subsidies, programs, etc., what is quite developed in Scandinavia.
Key words: dwelling, substandard house, slum housing, right to housing, housing legislation.
1. Khayrlvarina L.I., Tulupova E.O. Constitutional Law: matters of understanding and implementation: a collection of articles under International science and practical conference dedicated to the 10th anniversary of «Constitutional State: theory and practice» Journal (the city of Ufa, April 16-17, 2015). Ufa, 2015. 244 p.
2. About some issues appeared in judicial practice by using the Housing Сode of the Russian Federation. Russian Supreme Court Plenum Regulation of July 02, 2009 № 14. Russian paper. 2009. April 8.
3. Ivachev Z.P., Kuzmin K.V., Petrova L.E. Social practice of slum and substandard housing management. Yekaterinburg: URGU (USU Ural state university), 2014. 229 p.
5. Chernova Yu.S. Functioning considerations of a housing fund in foreign countries. Humanitarian scientific research. 2015. № 2. P. 1723.
6. Selyutina L.G. Methodological fundamentals of formation and development of a control process system of major city Housing Fund transformation. Society. Environment. Development (TerraHumana). 2009. № 2. P. 212-218.
7. The Housing Code of the Russian Federation. Federal Law of 29.12.2004 № 188 ФЗ (in the force as of 29.12.2004). Collection of Legislative acts of the Russian Federation. 2005. № 1, pt. 1. P. 14.
8. Federal Law of July 21, 2007 № 185-ФЗ «On the Support Fund of the Housing and Utilities Sector» (as amended) [Electronic resource]. URL: http://base.garant.ru/12154776
(access date: 02.05.2015).
9. On the confirmation of the Clause of residential accommodation recognition, a residential accommodation as not suitable for living and an apartment house as repair and cleared or reconstructed one. Regulation of the Government of the Russian Federation of 28.01.2006 № 47 (as amended of 08.04.2013). Collection of Legislative acts of the Russian Federation. 2006. № 6, pt. 1. P. 702.
10. Decision of the Supreme Court of the Russian Federation of 27.03.2015 № АКПИ 15-166 «On the Refusal to satisfy applications on the recognition of partially inactive Clause 47» of the Clause of residential accommodation recognition, a residential accommodation as not suitable for living and an apartment house as repair and cleared or reconstructed, approved by Regulation of the Government of the Russian Federation of 28.01.2006 № 47 [Electronic resource]. URL: http://base.consultant.ru/cons/cgi/
(access date: 02.05.2015).
11. On the refusal to recognize a partially inactive paragraph, clause 2 of Clause 41 of residential accommodation recognition, a residential accommodation as not suitable for living and an apartment house as repair and cleared or reconstructed, approved by Regulation of the Government of the Russian Federation of January 28, 2006 № 47 [Electronic resource]. URL: http://base.consultant.ru/cons/cgi/
(access date: 02.05.2015).
12. On the confirmation of methodological recommendations to attract extra-budgetary resources in implementation of regional address programs of relocation of citizens from the unfit housing fund. Ministry of Housing of Russia Order № 23 of 09.12.2013/ MS [Electronic resource]. URL: http://base.consultant.ru/cons/cgi/
(access date: 02.05.2015).
13. On Valuation activities in the Russian Federation. Federal Law of 29.07.1998 № 135-ФЗ (in the force as of 21.07.2014). Collection of Legislative acts of the Russian Federation. 1998. № 31. P. 3813.
14. Regulation of the Government of the Republic of Bashkortostan № 136 of 28.03.2014. Gazette of the State Assembly-Qurultai, President and Government of the Republic of Bashkortostan. 2014. № 214 (452). P. 615.
15. Sirotkin V.A. Economic mechanisms of residential real estate market grouping. Yekaterinburg: RGPPU (RSPPU Russian State Professional and Pedagogical University), 2012. 252 p.
INTERACTION BETWEEN PUBLIC LAW AND PRIVATE LAW IN EXERCISING PROPERTY RIGHTS OF MUNICIPAL ENTITIES
GALEEVA Galina Evgenyevna
senior instructor of the chair of civil procedure of the Institute of law of the FBSEI HPE Bashkir State University, Ufa, Russia
SLEPNEV Evgeny Leonidovich
candidate of sciences (law), professor of the chair of civil procedure of the Institute of law of the FBSEI HPE Bashkir State University, Ufa, Russia
Municipal institutions have the property right in behalf of citizens. Local authorities can gain and exercise the property rights and responsibilities. Legal acts set competence and status of the stated institutions. The interest of a municipal entity, the usefulness of its property lies in satisfying different needs of people. The balance of interests of residents of a settlement and public interest. Questions of legal mechanisms development to ensure the balance of interests of residents of a settlement and public interest. Particularities of involving property complex objects of a municipal entity in economic turnover. The powers of this public legal institution in absolute legal relationship are established by federal laws. The limits to exercise the property rights by lower levels of the constitutional system of the Russian Federation to achieve their socio-economic and legal objectives are established by laws, statutes or contracts. A municipal entity as a subject of civil law exercises property rights not by all general civil means, but only by those that are due to its legal capacity.
Key words: municipal form of property, needs of citizens, the balance of private and public interests, regime of property of municipal entities, legal mechanisms to exercise property rights.
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3. Yakovlev V.F. On the interaction of public and private law. Constitutional state. Problems formed-tion. M .: The Statute of 2012.
4. Civil law 4.1 (by Ch. 4 Gongalo B.M. together with Illarionov TI and Pletnev, VA) M n-INFRA, 1998.
5. Sinners I.L. Subjects of civil law: the legal person in law and legislation. SPb., 2002 .
6. Slugin A.A. Civil legal entities. Author. ... Cand. Jurid. Science Krasnodar, 2003.
7. Avilov G.E.,Sukhanov E.A Legal entities in the modern Russian civil law. Journal of civil law. № 1, 2006, Volume
8. Resolution of the Supreme Soviet of the Russian Federation dated December 27, 1991 № 3020-1 «About demarcated SRI-state ownership in the Russian Federation on federal property, state ownership of republics within the Russian Federation, territories, regions, autonomous regions, autonomous regions, the cities of Moscow and St. Petersburg and municipal property".
9. Determination of the Constitutional Court of the Russian Federation № 64 - 0 on June 15, 1999.
10. Federal law of December 21, 2001 № 178-FZ "On privatization of state and municipal property On" (in red. Federal Law of April 6, 2015 № 82-FZ).
11. Krasavchikov O.A.The essence of the legal entity. The Soviet state and the right. 1976. № 1.
12. Tolstoy J.K. On the theory of relationship. L., 1959.
13. Sklovsky K.I. The property in the civil law. M.: Case 1999.
PROBLEMS OF LEGAL REGULATION OF EXTRA-PROCEDURAL APPEALS TO JUDGES
ZHEMALETDINOV Rustem Maratovich
candidate of sciences (law), assistant professor of the chair of civil procedure of the Institute of law of the FBSEI HPE Bashkir State University, Ufa, Russia
Legal regulation of information publication on extra-procedural appeals to judges, in the context of operation of principals of civil procedural law, becomes very important. Introduction into procedural legislation of statutes, which determine the order of court actions in case of an extra-procedural appeal, is an attempt to counter-stand illegitimate (including corruption) manifestation, while the court executes justice. However, the order of information disclosure on such appeals, which exists at present time, does not correspond to the principals of publicity of court proceedings and independence of judges. Thus, it is required to specify the legislative definition of the notion “extra-procedural appeal”, to separate extra-procedural appeal from other forms of appeals to the court, which are used in practice (for example, preliminary appeal petition), to improve the order of declaration of appeals as extra procedural, to set and specify the timeframe of information publication on extra procedural appeals in the Internet, to foresee the responsibility of court workers for violations of stated time limits, to determine cases which allow publication of extra procedural appeals without the resolution of the presiding judge. Moreover, it is necessary to post on websites of courts the information on court orders (that have entered into legal force) on calling to account of people for extra procedural appeals.
Key words: extra-procedural appeal, principle of independence of judges, interference in the activity of executing justice, forms of appeal to the court, procedural legislation, information, responsibility.
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2. Bulletin of the Congress of People's Deputies of the Russian Federation and the Supreme Soviet of the Russian Federation. 1992. № 30. Art. 1792.
3. Collection of the legislation of the Russian Federation. 2008. № 52 (part I). Art. 6217.
4. Commentary on the Criminal Code of the Russian Federation (itemized). Second edition, revised, enlarged and revised / edited. A.I. Chuchaeva. M .: INFRA-M, 2010. Access from sprav. legal system, we "guarantor".
5. Guidelines of the Federal Bailiff Service of the detection and investigation of crimes provided for by Part 1 of Article 294 of the Criminal Code (obstruction of justice). Bulletin of the Federal Bailiff Service of the Ministry of Justice. 2012. № 2.
6. Gorelov M.V. Third parties making independent claims concerning the subject of the dispute and about the problem of impartiality of the court, in civil proceedings. Development trends of civil procedural law in Russia: Theory and Practice: Collected articles. Ufa: RIC BSU, 2012. P. 82-83.
7. Art. 9 of the Federal Law of December 25, 2008 № 273-FZ "On Combating Corruption".
8. We propose to courts of general jurisdiction in part to use the procedure for the announcement of calls, mouth-lished the decision of the authorized court of St. Petersburg on October 16, 2013 № 24-3 (Minutes of the meeting of the authorized court of St. Petersburg on October 16, 2013 № 24) [Electronic resource]. Access mode. URL:
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THE EXERCISE OF PARENTAL RIGHTS AND DUTIES: SOME TOPICAL ISSUES OF LEGAL REGULATION
SHAKIROVA Marina Leonidovna
candidate of sciences (law), assistant professor of the chair of civil law and procedure of the Bashkir Academy of State Service and Administration under the President of the Republic of Bashkortostan, Ufa, Russia
The work is devoted to the problems of family-law status of parents. It analyses the legislation of the RF on parental rights and duties. It is noted that in the science little attention is paid to problems of parental rights and duties, there is no comprehensive research devoted to the analysis of these notions, content, specificity of realization and regulation in the Russian Federation. The work can be useful for students, postgraduates and instructors at law institutes of higher education, for research scientists and postgraduates at research institutions and also for developers of new project of the Investigative Committee of the RF and representatives of guardianship agencies.
Key words: family, law, legislative act, age, parents, children, upbringing, guardians, trustees, rights, duties, responsibility.
1. Muratova S.A. Family law: textbook. M.: Exmo, 2004.
2. Article-by-article commentary on the Family code of the Russian Federation / edited by P. V. Krasheninnikov. M.: The Statute, 2006.
3. Agapov S.V. Family law: textbook and workshop for applied baccalaureate. M.: Yurait, 2014.
TACTICAL FEATURES OF CURT HEARING AND EXAMINATION OF A TESTIMONY OF A MINOR DEFENDANT
KHISMATULLIN Rashit Sagitovich
doctor of sciences (Law), professor, Honored Lawyer of the Republic of Bashkortostan, Honorable Judge of the Supreme Court of the Republic of Bashkortostan, III state adviser of justice, deputy of the 2nd State Duma of the Russian Federation, professor of the chair of criminal law and procedure of the Institute of Law of the FBSEI HPE “Bashkir State University”, Ufa, Russia
The author reveals tactical features of court hearing and examination of a testimony of a minor defendant, makes a number of proposals to modernize legislation in order to improve court hearing of cases against juveniles.
Key words: court, judicial review, tactical features, juvenile defendant.
1. The main thesis of Vladimir Putin's speech at the plenary session of the SPIEF. the Russian newspaper. 2015. June 25th.
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3. Standard Minimum Rules of the United Nations concerning the origin pravosu-Diya juvenile (Beijing Rules). international instruments on human rights. Collection of documents. M .: Publishing NORM 2000.
4. Unstable intelligence. Ufa statements. 2011 of 27 October.
5. "Direct Line". Komsomolskaya Pravda. 2014. April 18.
6. Address by President Vladimir Putin to the Federal Assembly of the Russian Federation. Russian gazeta. 2012. December 13th.
7. Russian newspaper. 2015. July 10.
8. His law – the main. the Russian newspaper. 2015. July 15th.
9. Legal Encyclopedia. 5th edition / Ed. M.Y. Tikhomirov. M., 2002.
RELIABLE STATISTIC INFORMATION OF LAW-ENFORCEMENT AGENCIES AS A PROBLEM OF REALIZATION OF CRIMINAL POLICY IN RUSSIA
AKHMADULLIN Azat Sayafovich
candidate of sciences (law), assistant professor of the chair of criminal law and procedure of the Institute of Law of the FBSEI HPE “Bashkir State University”, Ufa, Russia.
In the context of formation of Russia as a rule-of-law state, the study of the problems of realization of criminal policy is very important. Crime can not be entirely liquidated in a rule-of-law state. Thus, the aims of realization of criminal policy should include its decrease, repression to the minimal possible level of safety of people. A definite state is the result of implementation of criminal policy, which is quantitatively reflected in criminal statistics. The data of criminalstatistics, in their turn, are taken into account when this criminal policy is formed. They should meet the requirements of fullness, veracity and timing of presentation. A rule-of-law state should know the real situation of crime in the country to conduct correct legal policy. This is difficult as long as criminal statistics is formed by law-enforcement authorities and serves to assess effectiveness of their activity. Unreliable statistic information leads to problems in formation and realization of criminal policy.
Key words: realization of criminal policy, rule-of-law state, criminal statistics, assessment of the activity of law-enforcement authorities.
1. Kondrat I.N. The criminal policy of the state and legal regulation of criminal procedure relations. "Yustitsinform", 2015.
2. Zvecharovsky I.E. criminal liability. Irkutsk, 1992.
3. Ishekov K.A. State of Law as the basis of the constitutional and legal development of modern Russia. State of Law: Theory and Practice number 4 (38) in 2014.
4. Tarasov A.A. Ideological aspect of the implementation of criminal policy in a lawful state. State of Law: the problem of understanding and realization: Sat. Articles of the International scientific-practical conferences, of marking the 10th anniversary of the magazine "State of Law: Theory and Practice." Part 1. Ufa: RIC BSU, 2015.
5. Official statement from the Interior Ministry "On crime statistics." The official website of the Interior Ministry. https://mvd.ru/news/item/3234460/
(date of treatment 04.20.2015).
6. Case Study RGSU- 2014. The official website of the Interior Ministry.
https://mvd.ru/Deljatelnost/results/public_opinion (date of treatment 04.20.2015).
7. Report of the Prosecutor General of the Russian Federation at a meeting of the Federation Council of the Federal Assembly of the Russian Federation of 04.29.2014. The official website of the Prosecutor General.
http://genproc.gov.ru/smi/interview_and_appearences/appearences/145875/ (date of treatment 04.20.2015).
8. The prosecutor asks year. Yuri Chaika: 2015 th To live legally. Rossiyskaya Gazeta (federal issue) № 6572 from 12.01.2015.
9. The Prosecutor requests a year. Yuri Chaika: 2015 th To live legally. Rossiyskaya Gazeta (federal issue) № 6572 from 12.01.2015.
10. Report of the Prosecutor General of the Russian Federation at a meeting of the Federation Council of the Federal Assembly of the Russian Federation of 04.29.2014. The official website of the Prosecutor General.
12. Information letter the Prosecutor General of the Russian Federation of 22.07.2013 № 11-14-2013 Yip 1779-13 "On the state of the rule of law in the field of legal statistics in 2012 and the first half of 2013". Officio-cial Prosecutor site of the Chuvash Republic. http://www.chuvprok.gov.ru/stat6.php?id=205
(date of treatment 04.20.2015).
13. Information letter the Prosecutor General of the Russian Federation of 15.04.2013 №11-14-13 Yip 1294-13 "On the falsification of documents of primary accounting crimes." Official website of the Prosecutor's Office of the Republic of Chu vashskoy. http://www.chuvprok.gov.ru/stat6.php?id=204
(date of treatment 04.20.2015).
ON NEW LAWS IN THE FIELD OF SAFETY PROVISION FOR THEPARTICIPANTS OF CRIMINAL PROCEEDINGS
AKHTYAMOVA Kristina Mihajlovna
instructor of the chair of criminal procedure of Ufa Law Institute of the Russian Interior Ministry, major of police, Ufa, Russia
Special attention in scientific publication is paid to the analysis of characteristics of the institute of safeguarding the participants of criminal procedure, which are considered by the author in light of the stages of legal processes. As long as application of safety measures concerning the participants of criminal procedure, as the principle in the criminal process is still not fully developed, the author suggests that it should be regarded under the conditions of modern system of principles of criminal process. The research pays attention to the norms, concerning provision of safety of participants of criminal procedure, which can be found in different sections of the Criminal Procedure Code of the Russian Federation; this proves the necessity to enlarge the Criminal Procedure Code of the Russian Federation with the chapter «Safety provision for the participants of criminal procedure», which should contain all below stated norms. In his work, the author proves the necessity of legislative recognition of the independent principle of criminal process – «Safety provision for the participants of criminal procedure». The article suggests distinguishing from the principle «Human rights and freedoms protection» a separate norm «Safety provision for the participants of criminal procedure».
Key words: safety, safety measures, safety provision, principle, participants of criminal procedure.
1. Brusnitsyn L.V. Safety persons assisting criminal justice: international experience and development of the Russian legislation (procedural research): monograph. Moscow, 2010.
2. Ozhegov S.I. Russian dictionary: about 57,000 words / Ed. corr. USSR Academy of NY Shvedova. 20th ed., A stereotype. M.: Russian language, 1988.
3. Criminal Procedure Code of the Russian Federation. M.: Omega-L, 2014. Part 3. Art. Eleven.
4. Tomin V.T. Criminal proceedings: actual problems of theory and practice. M.: Yurayt 2009.
5. Kaats M.E. human security: criminal procedure aspects: guidelines. Ufa UYUI the Russian Interior Ministry, 2014.
6. Pikalov I.A. principles of the domestic criminal process: monograph. M.: Yurlitinform 2012.
PROBLEM ASPECTS OF LEGISLATIVE REGULATION OF ARTICLE 110 OF THE CRIMINAL CODE "FORCIBLE SUICIDE"
GALIMOV Ranis Rasikhovich
candidate of sciences (law), instructor of the chair of criminal law and criminology of Ufa Law Institute of the Russian Interior Ministry, Ufa, Russia
AKHIYAROV Robert Ayratovich
researcher of Research Division of Ufa Law Institute of the Russian Interior Ministry, Ufa, Russia
This article describes the issues to change the criminal law, in particular the improvement of Article 110 of the Criminal Code of the Russian Federation. Since the proclamation and consolidation in the Constitution the right to life, of course, requires that the state and its law enforcement agencies uncompromising struggle against the crimes connected with causing the death of another person, including and incitement to suicide. The most important place to counter incitement to suicide takes the criminal law. This normative legal act by which the state carries out the response to the facts of the infringing conduct, cover only the areas of public relations, the regulation of which with the help of legal norms given industry sector is insufficient. In connection with what are considered problematic aspects of the design of the corpus delicti. The comparative law analysis of foreign countries, such as Britain, Macedonia, Norway, Republic of Serbia, Sweden, Sudan, and others. On the basis of that proposed new wording of Article 110 of the Criminal Code of the Russian Federation, containing aggravating circumstance - encouragement of suicide, abetment of suicide or to attempt to suicide of a minor.
Key words: criminal law, crimes against life, forcible suicide, forms of forcible suicide, criminal liability for forcible suicide, encouragement to suicide, differentiation of criminal liability.
1. Tsyrkalyuk A. Criminal liability for incitement to suicide: Author. Dis. ... Cand. jurid. Sciences. M., 2011. 22 pp.
2. Volkonskaia E.K. Preventing incitement to suicide: criminal law and criminology as-pects: Author. Dis. ... Cand. jurid. Sciences. Ryazan. 2011. 193 p.
3. Galimov R.R. On the issue of criminal responsibility for incitement to suicide. Herald VEGU. 2014. № 2 (70). S. 24-29.
4. Agafonov A.V. Criminal liability for incitement to suicide: a monograph. M .: Yurlitinform, 2012. 208 pp.
5. Korobeev A.I. Criminal attacks on human life and health: a monograph. M .: Yurlitinform, 2012. 320 pp.
6. Yermolayeva E.G. Suicide and crime: Author. Dis. ... Cand. jurid. Sciences. Saratov, 2007. 25 p.
7. Husak O.A. Incitement to suicide: the issues of improving the criminal law. Bulletin of Samara Humanitarian Academy. A series of "right." 2013. № 1 (13). P. 190-193.
8. CPS closed 2.4 thousand "suicide" pages [Electronic resource]. URL:
http://www.rg.ru/2013/09/24/suicide-pages-site.html (the date of circulation: December 25, 2014)
9. Ukolov Y.A. Problems of qualification of incitement to suicide as a criminal offense: dis. ... Cand. jurid. Sciences. Moscow, 2008. 219 pp.
10. Prozumentov L.M. Some problems of legal regulation to protect the rights of minors. Bulletin of Tomsk State University. 2011. № 346. P. 99-102.
CYBERCRIMES PREVENTION. PROBLEMS AND SOLUTIONS
NOSKOV Oleg Sergeevich
candidate of sciences (law),major of police, head of the chair of fire and tactical and special training of the Ufa Law Institute of the Russian Interior Ministry, Ufa, Russia
SHEVCHENKO Ruslan Anatolevich
unranked police officer, cadet of the Ufa Law Institute of the Russian Interior Ministry, Ufa, Russia
In modern society, information occupies one of the key places in human life; computers, portable devices and telecommunications have covered all spheres of life of people and states. But with the increasing number of users of information technologies, the risk of becoming a victim of cybercrime is increasing, too. The number of crimes committed in cyberspace, is growing exponentially in proportion to the growing number of computer network users. Through in-depth and comprehensive study of law-enforcement agencies fight against cybercrime the authors bring out problems and suggest ways of solving these problems. Detailed approach and correct use of legal acts will contribute to achieving goals in the fight against cybercrime, which should be organized at a high level. Some conclusions of the work can be taken into account in the activity of operational subdivisions of internal affairs bodies in cybercrimes prevention, suppression and disclosure.
Key words: informational technologies, cybercrimes, problems in the work of law-enforcement authorities, the Bureau of special technical measures of the Russian Interior Ministry, Administration “K”.
1. KorzhovV. Electronicgovernmentagainstcyber-terrorists. ComputerworldRussia. 2008. № 4.
2. MazurovV.A. Cyber-terrorism: concept,problemsofcounteraction. Dokladyi TUSURa2010. № 1.
3. Minyasheva G.I. Law enforcement technology acts: concept and essence. Probelyi v rossiyskom zakonodatelstve. 2011. № 1.
4. Suharenko A. Internet in the service of terrorists. EZh-Yurist. 2012. № 46.
Tropina T.L. Cyber crime: concept, state criminal law measures to combat: avtoref. dis. ... k.yu.n. Vladivostok, 2005.
WHY IT IS «DISADVANTAGEOUS» TO BE INNOCENT AT THE PRELIMINARY INVESTIGATION STAGE
OSIPOVA Nadejda Vladimirovna
candidate of sciences (law), senior instructor of the chair of criminal procedure of Ufa Law Institute of the Russian Interior Ministry, Ufa, Russia
The article discusses the relation between the procedural safeguards for persons acquitted on the verdict of the court, or against whom a criminal case is dismissed by the court, and persons in respect of whom there is an order for the termination of criminal prosecution on rehabilitating grounds at the stage of preliminary investigation. In the article we are talking about an imbalance of legal status of citizens against whom criminal prosecution has been terminated at the stage of pre-trial proceedings with other citizens in respect of whom the verdict of acquittal is taken by the court. Despite the fact that according legal consequences the verdict of acquittal and abolition at the pre-trial stage equally means that the state recognizes its legal error in prosecution, in the latter instance, citizens continue to be under threat of criminal prosecution, and that is a violation of their constitutional rights and freedoms.
Key words: the ruling on termination of criminal prosecution, rehabilitating grounds, the head of the investigative body, constant threat of criminal prosecution.
1. Determination of the Constitutional Court of the Russian Federation of 23.09.2010 № 1214-about "to refuse to accept for consideration the complaint of a citizen of Alexander Lipatov a violation of his constitutional rights by part six of Article 162, parts one and three of Article 214 of the Criminal Procedure Code of the Russian Federation "// ATP" Consultant "(last visit 04.24.2015).
2. Determination of the Constitutional Court of the Russian Federation of 27.12.2002 № 300-O "the case on the constitutionality of the individual, the provisions of Articles 116, 211, 218, 219 and 220 of the Criminal Procedure Code of the Russian Federation in connection with the Lock-Som Presidium of the Supreme Court of the Russian Federation and complaints of some citizens "// ATP" Consultant-Plus "(date of the visit 04.24.2015).
3. The definition of the Constitutional Court of the Russian Federation of 25.03.2004 № 157-O "to refuse to accept a complaint dis-looking citizen Vladimir Kirichenko, a violation of his constitutional rights by part one of Article 214 of the Criminal Procedure Code of the Russian Federation". ATP "Consul-tantPlyus" (date of the visit 24.04.2015).
ACTUAL PROBLEMS OF FORFEITURE OF CIVILIAN WEAPONS BY POLICE OFFICERS
FATKULLIN Bulat Khabirovich
senior instructor of the chair of administrative and legal disciplines of Ufa Law Institute of the Russian Interior Ministry, Ufa, Russia
The article considers the legal basis of regulation of circulation of civilian weapons, problems of forfeiture of weapons by police officers while executing police control and supervisory activity. Currently in the Russian Federation there is the Federal law from 13.12.1996 No. 150-FZ "On the weapon" (hereinafter - the Law on weapons), which regulates the legal relations in connection with the circulation of civilian, service weapons, as well as combat handguns and cold gun on the territory of the Russian Federation. This act provides the grounds for annulment and withdrawal of firearms purchase license and license to keep and bear arms. At the same time, the Law on weapons does not provide for forfeiture of civilian weapons and bullets before making a final decision on annulment of a license to keep and bear arms in order prescribed by the legislation of the Russian Federation, and it can lead to armed crimes committed by these individuals.
Key words: civilian weapons, firearms purchase license, keeping of firearms license, weapons-bearing, forfeiture of weapons.
1. Federal Law of December 13, 1996 № 150-FZ "On Weapons". Meeting of the legislation of the Russian Federation. 1996. № 51. Art. 5681.
2. Galikeeva L.A., Usmanov D.R. On the concept and content of the administrative oversight by the executive authorities. Herald VEGU. 2014. № 1 (69). P. 15-18.
3. Government Decree of 21.07.1998 № 814 (ed. By 19.02.2015) "On Measures to regulate the circulation of civilian and service weapons and ammunition on the territory of the Russian Federation" (with the "Rules of the turnover of civilian and service weapons and ammunition to him in the territory of the Russian Federation "," Regulation on jurisdiction and the publication of the State Cadastre of civilian and service weapons and ammunition "). SZ RF. 1998. № 32. Art. 3878.
THE RATIO OF PUBLIC PROSECUTION AND DIFFERENT TYPES OF CRIMINAL PROSECUTION IN THE CONTEXT OF REALIZATION OF CRIMINAL POLICY IN THE RUSSIAN FEDERATION
CHIGRIN Dmitrii Andreevich
postgraduate student of the chair of criminal law and procedure of the Institute of Law of the FBSEI HPE “Bashkir State University”, Ufa, Russia
This article analyzes the regulation of criminal prosecution and its types. In Russian criminal procedure there are three types of criminal prosecution: public, private and private-public. The author covers the relevant theoretical and practical issues. The ratio of these procedures and state prosecution in court is analyzed. The relationship between “private” and “public” in criminal procedure is reviewed, including the ratio of the interest of a private individual and the public interest. The author also discusses the prosecution of cases in which penal actions are conducted in private-public order. Within this theme the author reveals key trends of the state criminal policy. The analysis shows that the current criminal and procedure legislature is characterized by the absolute dominance of public sources. Proposals to improve current legal regulation are made. The article is prepared with usage of current scientific researches, judicial practice of the Constitutional Court of the Russian Federation, the latest changes of the criminal and procedural legislation are taken into account.
Key words: criminal prosecution, public prosecution, criminal policy, criminal and procedural policy, private-public sources.
1. Ozhegov S.I. Slovar' russkogo yazyka : Ok. 57 000 slov [Dictionary of Russian language: Approx. 57 000 words]. Moscow, 1986. 797 p.
2. Barabash A.S. Publichnoe nachalo rossiyskogo ugolovnogo protsessa. Avtoref. diss. … doktora yurid. nauk [Public beginning of the Russian criminal process. Author’s abstract]. Krasnoyarsk, 2006. 49 p.
3. Foynitskiy, I.Ya. Kurs ugolovnogo sudoproizvodstva. T. I. [The course of criminal proceedings. Vol. 1]. Saint-Petersburg, 1996. 552 p.
4. TarasovA.A. Kvoprosuopublichnostuchastnogoobvineniya [To the question about publicity «private prosecution»]. Vestnik Samarskogo gosudarstvennogo universiteta [Journal of the Samara state University]. 2015, no. 5, pp. 178-183.
5. Polyanskiy, N.N. K voprosu ob uchastii chastnykh lits v publichnom obvinenii (Printsipial'nye osnovaniya actio popularis v ugolovnom protsesse) [To the question of the participation of individuals in public charge (Principal foundations of actio popularis in the criminal process)]. Moscow, 1915. 27 p.
[Legal order], 1978, no 5, pp. 76-84
[Legal order], 2012, no 5, pp. 88-95.
TO THE QUESTION OF "LEGALIZATION" OF NON-STATE EXPERT INSTITUTIONS
LATYPOV Vadim Sagityanovich
candidate of sciences (law), senior instructor of the chair of criminal procedure of Ufa Law Institute of the Russian Interior Ministry, Ufa, Russia
The article defines the main directions of development and improvement of forensic activities in Russia, reflects the problems associated with performance of expertise in non-governmental expert institutions, the lack of uniform state law regulating this field of activity.
As positive preconditions for activities of non-state forensic institutions the author highlights their independence from law enforcement agencies and the state apparatus, that can influence on state forensic agencies. Non-state expert institutions are proper for mobility of regular number of expert staff in the production of the most "popular" types of expert examination, while state expert institutions are forced to overwork their experts and it leads to queues of expertise and inextricably leads to the violation of the principle of reasonableness of the terms of criminal proceedings. Thus it is proposed to give probative value to non-judicial expertise in a criminal case. To implement this proposal, and to avoid misunderstandings, it is necessary to amend clause 3 of part 2 of article 74 of the Code of Criminal Procedure of the Russian Federation and clause 49 of article 5 of this code.
Key words: performance of expert examinations, expert opinion, expert research, proof, other document, non-state expert institution, forensic activity, expert persons, special knowledge.
1. The Criminal Procedure Code of the Russian Federation: the federal law of 18.12.2001 № 174-FZ. Co-Bran laws. 2001. № 52 (ch. I). Art. 4921.
2. On state forensic activities in the Russian Federation: the Federal Law of 31.05.2001 № 73-FZ. Meeting of the legislation of the Russian Federation. 2001. № 23. Art. 2291.
3. Latypov V.S. Other participants in the criminal justice: theory, regulation and practice: a monograph. M .: Yurlitinform 2014.
4. Latypov V.S. Optimization of forensic activities in Russia: criminal procedural aspect. Historical, philosophical, political and legal sciences, cultural studies and art history. Theory and practice. Tambov: Diploma. 2015. № 2 (52) in 2 hours. Charles II. Pp 121-124.
5. Latypov V. Participation specialist in criminal trial of Russia. Bulletin Acad-emy of Nizhny Novgorod Russian Interior Ministry. 2012. № 19. C. 130-134.
6. History of the USSR and RSFSR legislation on criminal procedure and organization of courts and prosecutors 1917-1954 gg .: The collection of documents / Ed. SA Golunsky. M., 1955.
7. Krylov I.F. Essays on the history of criminology and forensics. L .: Leningrad State University, 1975.
8. Aminev F.G. About the activities of state and non-state forensic institutions. Ma rials International scientific conference (29 November 2012), "Actual problems of the fate-but-peer activity in the criminal, civil, and the arbitration process cases of administrative offenses. " Ufa Ufa center of judicial examinations, 2012. S. 8-12.
9. The provisions of the institute of public accountants: Decree SNK on August 18, 1925
10. On the Organization Bureau of Public Accountants expert at People's Commissariat of Workers 'and Peasants' Inspection of the RSFSR and local government Rabkrin: Decree SNK RSFSR of November 26, 1927
11. Elimination of the institute of public accountants: Decree SNK on July 1, 1930
12. Belukha N.T. accounting Forensic examination. M. Case LTD, 1993.
13. Forensic Examination: project-Union regulation on forensics. M., 1975.
14. Law of the Russian Federation on forensics (draft). Notes criminologists. Moscow, 1994. Vol. 4.
15. Zaitseva E.A. The concept of forensics in a controversial criminal sudoproiz-duction: monograph. M .: Publisher "Yurlitinform", 2010.
16. On state forensic activities in the Russian Federation: the Federal Law of 31.05.2001 № 73-FZ. Meeting of the legislation of the Russian Federation. 2001. № 23. Art. 2291.
17. Aminev F.G. problems of legal regulation of forensic activities in the Russian Federation, of. Bulletin International Association of Justice Assistance. Scientific publication. 2013. № 1. S. 6-9.
18. Forensic examination of criminal cases: the decision of the Supreme Court on December 21, 2010 number 28. the Bulletin of the Supreme Court. 2011. № 2.
19. Tarasov A.A. expert and specialist in criminal trial of Russia: a monograph. Ufa: RIC BSU, 2014.
20. compensation for the violation of the right to trial within a reasonable time, or right in the performance of a judicial act within a reasonable time: the Federal Law of 30.04.2010 № 68-FZ. Meeting of the legislation of the Russian Federation. 2010. № 18. Art. 2144.
21. On the organization of prosecutor's supervision over the implementation of the law on the observance of reasonable time in the pre-trial stages of criminal proceedings: the order of the Prosecutor General of the Russian Federation from 12.07.2010 № 276. law. 2010. № 10.
22. Sahnova T. expertise in civil proceedings (theoretical study): Dis. ... Dr. jurid. Sciences. Krasnoyarsk, 1998.
23. Arsenyev V.D., Zabolottsky V.G. Using expertise in setting the actual ob circumstances surrounding the criminal case. Kranoyarsk, 1986.
PREVENTION OF JUVENILE DELINQUENCY IN SUMMER PERIOD
LINKEVICH Alexander Yevgenyevich
candidate of sciences (sociology), head of Internal Affairs Department of Ufa Law Institute of the Russian Interior Ministry, Ufa, Russia
The number of crimes in Russia, committed by under-aged citizens, is on a high level from year to year. This means that preventive measures taken in regard to the under-aged are ineffective. Special attention to preventive measures must be paid in summer period. It is necessary to distinguish main forms of preventive work, which will bring the desired effect in the form of decreasing number of crimes, committed by under-aged citizens or with their direct involvement. Special attention to preventive measures against under-aged crimes should be paid in summer period. One of the most effective preventive measures are measures in the sphere of occupation of under-aged citizens. Organizations of temporary employment and involving of children into summer campaigns will not only contribute to the formation of anti-criminogenic skills but these measures will also teach under-aged citizens normal foundations of the society.
Key words: under-aged, prevention, employment, temporary employment of minors, organization of rest and health of children.
2. Criminology / Under total. Ed. AI Debt. 4th ed., Rev. and add. Moscow, 2010.
3. On Principles of Prevention of neglect and juvenile delinquency: the federal law of June 24, 1999 № 120-FZ. Meeting of the legislation of the Russian Federation. 28.06.1999. № 26. Art. 3177.
4. Criminal Code of the Russian Federation of 13.06.1996 № 63-FZ. Meeting of the legislation of the Russian Federation. 17.06.1996. № 25. Art. 2954.
5. On the Basic Guarantees of the Rights of the Child in the Russian Federation: the federal law of 24.07.1998 № 124-FZ. Meeting of the legislation of the Russian Federation. 03.08.1998. № 31. Art. 3802
PECULIARITIES OF BUILDING THE OFFENDER MODEL
MALYKHINA Natalya Ivanovna
candidate of sciences (Law), assistant professor of the chair of forensics of the FBSEI HPE "Saratov State Academy of Law", Saratov, Russia
Elaborating the principles of building the offender model is defined in the paper as an actual area of focus of forensics investigations. Working out its theoretical fundamentals, the author offers to distinguish between model types (descriptive and dynamic), to discern methods of building them, and, also, to take account of the levels (on the degree of generality) of “the offender model” concept.
Key words: offender, descriptive model, dynamic model, forensic crime description, information crime model.
1. Anfinogenov A.I. Psikhologicheskoe portretirovanie neustanovlennogo prestupnika. M., 2002.
2. Brodchenko O.I., Logunova O.A. Ispol'zovanie metoda psikhologicheskogo portretirovaniya pri raskrytii ubiystv po naymu. Psikhopedagogika v pravookhranitel'nykh organakh. 2008. №3 (34).
3. Kiryukhin D.A., Yalyshev S.A. O sootnoshenii ponyatiy psikhologicheskogo profilya prestupnika i kriminalisticheskoy kharakteristiki prestupleniy. Biblioteka kriminalista. 2014. №5 (16).
4. Lopatnikov L.I. Ekonomiko-matematicheskiy slovar': Slovar' sovremennoy ekonomicheskoy nauki. M., 2003.
5. Malykhina N.I. Aktual'nye voprosy kriminalisticheskogo izucheniya lichnosti neizvestnogo prestupnika. Rossiyskiy sledovatel'. 2014. №23.
6. Neymark Yu.I., Kogan N.Ya., Savel'ev V.P. Dinamicheskie modeli teorii upravleniya. M., 1985.
7. Sokol V.Yu. Osobennosti formirovaniya profilya prestupnika v SShA i Germanii. Obshchestvo i pravo. 2009. № 3 (25).
8. Trofimova L.A., Trofimov V.V. Upravlencheskie resheniya (metody prinyatiya i realizatsii): uchebnoe posobie. SPb., 2011.
9. Fesik P.Yu. Tekhnologiya ispol'zovaniya kriminalistikoy kharakteristiki v raskrytii ubiystv. Biznes v zakone. 2011. №4.
10. Shchedrovitskiy G.P. Izbrannye trudy. M., 1995.
PROBLEMS OF LEGAL TREATMENT OF A DEVICE IMITATING AN EXPLOSIVE ITEM
SABANOV Andrey Yuryevich
candidate of sciences (law), Police Lieutenant Colonel of Ufa Law Institute of the Russian Interior Ministry, Ufa, Russia.
SEMIGLAZOV Artur Gennadevich
senior police lieutenant of Ufa Law Institute of the Russian Interior Ministry, Ufa, Russia.
A device imitating an explosive item, can be represented by any object which by its external features looks as an explosive one. When qualificating the crime committed with the use of a device imitating the explosive one (dummy explosive), policemen should keep in mind not only its similarity to the original, but specific circumstances in which the dummy explosive was used. Moreover, it is obvious that devices imitating explosive items, have menacing properties. Such items look real, and the situations in which the victim could understand that he is threatened only by the training item imitating the explosive device, from our point of view, could possibly happen only in theory. This thesis is confirmed by the practice of OMON engineering units of the Interior Ministry of the Republic of Bashkortostan. So, during 2009-2014, 73% from 658 visits to the scene containing an explosive item were cases of detection of "suspicious object" (suitcases, bags, packages, cars, boxes etc), including dummies and training ammunition. This article addresses the issue of a due legal treatment of the use of the explosive dummy while committing a crime. The author analyzes the reasons for avoiding the usage of the provisions of paragraph "k" section 1 Art. 63 of the Criminal Code of the Russian Federation by law enforcers.
Key words: device imitaing explosive; objects used as weapons; dummy explosive; training grenade; punishment aggravating circumstance; qualifying sign; refusal to initiate criminal proceedings; legal treatment; lawmaking shortcomings.
1. Materials archive IC Ministry of Interior in the Republic of Bashkortostan. The criminal case number 16 / 22-738. V.1. LD 41. 2013.
2. The judgment of the district court Nesterovsky Kaliningrad region from July 11, 2007 Case № 22-489 / 2007. URL: <http://www.kaliningrad-court.ru>
3. The verdict in the case of the creation and management of gang organization intentional infliction of grievous bodily harm, murder organization changed: excluded from the condemnation of art. 209 part 1 of the Criminal Code of the Russian Federation sign the offense was committed as part of a gang, as at the time of the commission of the offense of an organized group participants did not have kakim- any arms or ammunition: Determination of the Supreme Court dated November 10, 2006 № 89-o06-42. URL: <http://www.pravosudie.biz/base1/2006/str7.htm>
THE GREAT CHARTER OF LIBERTY: MODERN LEGAL READING
MINAKOV Pavel Anatolevich
candidate of sciences (political sciences), assistant professor of the chair of law of the Institute of Administration and Business Safety of the FBSEI HPE “Bashkir State University”, Ufa, Russia.
The article is dedicated to the 800 anniversary of the adoption of Magna Carta (Magna Carta libertatum) in England in 1215. The Charter is a period of transition from traditional rights to the subsequent era of written law, parliaments and statutes. This document, by nature constitutional, at that time became the starting point of the formation of new social relations and has subsequently influenced on formation and development of the institute of human rights and freedoms, which occupies a prime place in modern legal systems of democratic societies. With the adoption of the Charter the process of forming a legal system that meets the needs of a developing civil society has begun.
Key words: charter, power, centralized state, feudal hierarchy, baron, sir, vassal, villein, freeholder, the common law, the jury, court of peers.
1. Holt J. Magna Carta. Cambridge, 1995.
2. Nortgate K. John Lackland. London, 1902.
3. Berman G.J. The Western tradition of law: the era of the formation. M.: Publishing House of Moscow University, 1994.
4. The Magna Carta / Reader on the history of state and law of foreign countries: 2 m. / Hole. Ed. NA Ninnikova crash. Volume 1: The Ancient World and the Middle Ages. Norma M.: INFRA – Moscow, 2010.
5. Green D.R. The history of England and the English people / Trans. with angl. 2nd ed., rev. and add. M.: Kuchkovo field; Hyperborea, 2007.
6. Krasheninnikov N.A. Magna Carta in 1215 (a modern interpretation) / Scientists, lawyers MSU on modern law / Ed. MK Treushnikova. M.: of "Publishing house" Gorodets ", 2005.
7. Markov S.P. England of the Middle Ages and early modern times. M.: SAM 2012.
8. Morton A.L. History of England / Per. from English. M.: Publishing House of Foreign Literature, 1950.
VIEWS ON THE NATURE AND CAUSES OF THE CIVIL WAR IN THE UNITED STATES IN THE TWENTY-FIRST CENTURY
LATYPOVA Natalia Sergeevna
instructor of the chair of history and theory of state and law of Ufa Law Institute of the Russian Interior Ministry, Ufa, Russia
The article investigates the causes of the conflict between the Northern and Southern States that led to secession and the Civil war of 1861-1865, the article discusses the current research directions of domestic and foreign historians on the subject in the twenty-first century. In particular, the author analyzes the following directions, standing on the agenda of research in recent years: the revival of the ideas of the "new historical science", according to which the cause of the conflict was a combination of unforeseen circumstances and the total voltage between the regions; the study of political rhetoric of the period of "disintegration of the Union”, which contributed to the escalation of social tension; Parabolically power research, which focused on economic and political superiority of slaveholders, and their desire to preserve their wealth; a study of the presidential elections in 1860 and their role in exacerbating the conflict between the North and South; consideration of the growth of nationalism in both regions as one of the main determinants of the military conflict and the Civil war in the works of African-American researchers only as an episode in the war for the liberation of African Americans. In the end, the author makes a conclusion about a significant transformation of views of the specified event for the last 15 years, and comes to her own conclusion about the causes of the Civil war in the United States.
Key words: Civil war, revolution, United States of America, slavery, capitalism, agriculture, secession, historiography.
1. Ayers EL In the Pesence of Mine Enemies: The Civil War in the Heart of America, 1859-1863. New York: Norton, 2003.
2. Varon E. R. Disunion! The Coming of the American Civil War, 1789-1859. Chapel Hill: University of North Carolina Press, 2008.
3. Ratner L. Jr., Dwight L. Fanatics and Fire-Eaters: Newspapers and the Coming of the Civil War. Chicago, 2003.
4. Summers M.W. The Press Gang. Newspapers and Politics. 1865-1878. Chapel Hill, in 1994.
5. Alenteva T.V. Causes of the Civil War (1861-1865) in the modern American historiography. Modern and Contemporary History. 2007. № 5. P. 66.
6. Fehrenbacher E. The Slaveholding Republic: An Account of the United States Government's Relations to Slavery. New York: Oxford University Press, 2002.
7. Huston J.L. Calculating the Value of the Union: Slavery, Property Rights, and the Economic Origins of the Civil War. Chapel Hill: University of North Carolina Press, 2003.
8. Alenteva TV Causes of the Civil War (1861-1865) in the modern American historiography. Modern and Contemporary History. 2007. № 5. P. 66.
9. McKenzie R.T. Lincolnites and Rebels: A Divided Town in the American Civil War. New York: Oxford Uni-versity Press, 2006.
10. Eyal Y. The Young America Movement and the Transformation of the Democratic Party, 1828-1861. Cambridge: Cambridge University Press, 2007.
11. Kolchin P. Reconstruction. Microsoft Encarta Encyclopedia, 2003.
12. Rugemer E.B. The Problem of Emancipation: The Caribbean Roots of the American Civil War. Baton Rouge: Louisiana State University Press, 2008.
13. Woods ME What Twenty-First-Century Historians Have Said about the Causes of Disunion: A Civil War Sesqui-centennial Review of the Recent Literature. The Journal of American History, September 2012. P. 415.
14. Rugemer E.B. The Problem of Emancipation: The Caribbean Roots of the American Civil War. Baton Rouge: Louisiana State University Press, 2008.
15. Clavin M. Toussaint L'Ouverture and the American Civil War: The Promise and Peril of a Second Haitian Revolution. Philadelphia: University of Pennsylvania Press, 2010.
16. O'Brien M. Conjectures of Order: Intellectual Life in the American South, 1810-1860. Chapel Hill: University of North Carolina Press, 2004.
17. Bonner RE Mastering America: Southern Slaveholders and the Crisis of American Nationhood. Cambridge: Cam-bridge University Press, 2009.
18. Alenteva TV Causes of the Civil War (1861-1865) in the modern American historiography. But-wai and contemporary history. 2007. № 5. P. 66.
19. Catton B. This Hallowed Ground: The Story of the Union Side of the Civil War NY, 2002.
20. Paludan Ph. The American Civil War Considered as a Crisis in Law and Order. American Historical Review, v. XXVII, 1972.
21. Grant SM North over South: Northern Nationalism and American Identity in the Antebellum Era. Lawrence, 2000.
22. Woods ME What Twenty-First-Century Historians Have Said about the Causes of Disunion: A Civil War Sesqui-centennial Review of the Recent Literature. The Journal of American History. September 2012. P. 422.
23. V.V. Sogrin The central problem of US history. M.: The world. 2013.
THE ISSUE OF IMPLEMENTATION OF THE PRINCIPLE OF THE BEST INTERESTS OF THE CHILD IN AFRICA USING EXAMPLE OF THE CASE "CHILDREN OF NUBIAN DESCENT IN KENYA"
candidate of sciences (pedagogic), associate professor, doctoral student at the chair of International Law , Law Institute of the Federal State Autonomous Educational Institution of Higher Education «Peoples' Friendship University of Russia», Moscow, Russia
The legal principle of the best interests of the child is now one of the most important in the protection of children's rights at the universal, regional and national levels. The most complete embodiment of this principle are in the UN Convention on the Rights of the Child, its Optional Protocols, and some regional and international treaties. The article analyzes the principle of the best interests of the child in the African human rights system. The review of the provisions of international legal acts and practices particular emphasis on considering the first decision of the African Committee of Experts on the Rights and Welfare of the Child "Children of Nubian descent in Kenya." The author notes that the Committee, realizing the principle of the best interests of the child, decided to break the principle of exhaustion of domestic remedies. According to the author, in this case it was justified, but an appeal to the principle of the best interests of the child with a view to avoid the exhaustion of domestic remedies must be based only in the specific case and should never become the general rule for the African Committee and other international human rights bodies. Otherwise, the principle of the best interests of the child can become a "magic wand" for potential claimants that could avoid the need for the exhaustion of domestic remedies before applying to the Committee for redress for human rights violations.
Keywords: human rights, international treaties for the protection of children's rights, the rights of vulnerable groups, the principle of the best interests of the child, the African human rights system, the African Committee of Experts on the Rights and Welfare of the Child.
Key words: : human rights, international treaties for the protection of children's rights, the rights of vulnerable groups, the principle of the best interests of the child, the African human rights system, the African Committee of Experts on the Rights and Welfare of the Child.
1. Abashidze A.H., Solntsev A.M. Anniversary of the African Human and Peoples. Eurasian Law Journal. 2012.№ 2 (45). pp. 22-25.
2. Konev A.E., Solntsev A.M. SADC Tribunal: Yesterday, Today, Tomorrow. Asia and Africa today. 2014. N 2. pp 42-46.
3. Kabanov V.L. On the question of the conceptual content of the principle of the best interests of the child in international law. Eurasian Law Journal. 2014. N 10. pp. 65-68.
4. General Comment On Article 30 Of The African Charter On The Rights And Welfare Of The Child //acerwc.org/wp-content/uploads/2013/12/GC-No1-on-Article-30-of-the-African-Charter-on-the-Rights-and-Welfare-of-the-Child.pdf(date of the application 01.05.2015).
5. Тomkin, J. Orphans of Justice: In Search of the Best Interests of the Child when a Parent is Imprisoned – A Legal Analysis. Geneva: Quaker United Nations Office, 2009.
7. Jawara v The Gambia (2000). AHRLR 107 (ACHPR 2000); Civil Liberties Organization v Nigeria (2000). AHRLR 186 (ACHPR 1995); Social and Economic Rights Action Centre (SERAC) & Another v Nigeria (2001). AHRLR 60 (ACHPR 2001).
8. Durojaye Ebenezer, Amarkwei Foley Edmund. Making a first impression: An assessment of the decision of the Committee of Experts of the African Children’s Charter in the Nubian Children communication. African Human Rights Law Journal. 2012. N 12. pp.564-578.
9. Udombana N.J. So far, so fair: The local remedies in the jurisprudence of the African Commission on Human and Peoples’ Rights’. American Journal of International Law.2003. 97. 8.
TO THE QUESTION OF PENSION PROVISION FOR LAW ENFORCEMENT OFFICIALS IN FOREIGN COUNTRIES
CHERNYSHOVA Lydia Vladimirovna
Instructor of Internal Affairs Department of Ufa Law Institute of the Russian Interior Ministry, Ufa, Russia.
Some aspects of pension provision for law-enforcement officials in Austria, Germany, the UK, Poland. It is shown, that nowadays many foreign countries implement reforms of pension systems of law-enforcement authorities. The research of foreign experience has an obvious scientific and practical meaning as long as it broadens existing notions about the direction of development of the pension system and allows making more constructive decisions. On the basis of the analysis of foreign experience, it is possible to determine key directions of reforms, foresee problems which may arise during the realization of the aims and tasks; to modify the elaborated reform programs in time.
Key words: police, pension system, pension provision, reform, retirement plan, retirement age.
4. Website police Wielkopolska Polish Republic. URL: http://www.nszzp-wlkp.pl/policja
,483,emerytury_mundurowe_w_europie.htm (the date of circulation: 15.02.2015).