Contents of issue # 2/2009

Interaction of State Duma with Legislative Bodies of Subjects of the Russian Federation

L. V. Andrichenko, A. N. Tchertkov

federal@izak.ru

The article presents the experience of interaction of the State Duma with the legislative bodies of the subjects of the Russian Federation in their legislative activity. Because of federal state of Russia coordination of federal and regional legislative activity becomes significance. In general dynamic of the development of interaction of the State Duma with the regional legislative bodies is positive. At the same time analyse of legal problems of this sphere allows to determinate the perspectives of its perfection. It states the necessity of expansion of cooperation of the State Duma with the regional legislative bodies in working out of joint activity for development of the legislation and appraisal of its effectiveness.

Keywords: State Duma, legislative bodies, legislation, interaction, coordination, bill.

Forms of Anticorruption Instruments and Methods of Their Application in Federal Executive Authorities

A. M. Tsirin

adm@izak.ru

Federal authorities more than other authorities it is subject to corruption, because it carries out operative management of material, economic, financial, information, personnel and other resources. Article contains classification of anticorruption tools and methods of its application in federal enforcement authorities. In particular anticorruption tools, allocated by its orientaton on: formating  institutionalbases forcounteraction of corruption in federal autorities; increase of risk from corruption actions; elimination of the conditions generating corruption; access to information on the facts of corruption, perfection of personnel selection.

Keywords: corruption, personnel, tools, comission, department, monitoring.

Structure and Content of Legal Administrative Status of State Inspector

S. M. Zyryanov

adm@izak.ru

The main subject of administrative supervision is state inspector. In the article author has researched structure and revealed content of the elements of administrative legal status of state inspector. The analysis of Russian legislation allows us coming to the conclusion that the position of state inspector relates to state law enforcement service because of the powers he exercises.

Keywords: control, supervision, legal statues, administrative reform.

Administrative Mandate of Justice Authorities in Sphere of Maintenance of Unity of Legal Field

A. Jy. Gulyagin

The structure of  the state body and the effective legal mechanisms connected with this structure which maintaining the unity of legal field, the intention of the notion “administrative mandate of justice authorities”, the place of justice authorities in sphere of maintenance of unity of legal field and analyze of the problems in this sphere are researched in the article.

Keywords: administrative mandate, justice authorities, unity of legal field, competence.

Doctrinal Sense of the Russian Constitution

T. Y. Khabrieva

office@izak.ru

The author of the article consider that Constitution of the Russian Federation serves as a source of new doctrines and has become after its adoption, the foundation for future theoretical research. The author gives examples of specific provisions of the Constitution of the Russian Federation, which served as the basis for the formation of the new doctrines.

Keywords: Constitution of the Russian Federation, constitutional doctrine, the foundations of constitutional order.

Reserve of Staff of Municipal Service

E. Yu. Kireeva

elena_kireeva02@mail.ru

The article reads about filling up of the turnover rate reserve of stuff of municipal service measures of the Russian Federation authorities and authorities of its subjects. What’s more purpose oriented programs and legal acts of some of the municipal formation for filling up the reserve of municipal service staff are highlighted in the article. The main barriers in this sphere in accordance with the author’s opinion are financial and economic problems, which could be overcame via preparation of the Federal purpose oriented programs and financing by the federal budget.

Keywords: reserve of staff, municipal service, filling up the reserve of staff, municipal formation.

Protection by the Law of Copyright of a Part of Work

E. I. Kaminskaya

privintlaw@mgimo.ru

Successful decision for covering the question of delegation of the part of copyright work by the common rule , concerning the whole work, with the use of  same criteria of protection (originality and objective form) in the Part 4 of the Russian Civil Code is presented in the article. Herein this rule it is not for any part of copyright work but only for parts which can be  separate from the  complete work and can be perceived as the part itself. Using of the parts which can not be separate from work should be qualified by the opinion of the author as using of the  complete work with the limitations.

Keywords: intellectual property, copyright, copyright work, protection.

New Approaches to the System of Customs Structure of the Russian Federation

E. V. Trunina

trunina-customs@list.ru

The article reads about the observation of the system of the customs structure of the Russian Federation in the context of administrative reform. The author proposes to review the system of the customs structure of the Russian Federation in wide and restricted sense The research showed inconsistency and incompleteness of formation of operating mechanism of the system of custom’s structure.

Keywords: system of customs structure, customs.

Meaning of a Subject of a Crime at Qualification of Acts under the Article 327 Criminal Code of the Russian Federation

Ya. V. Brodnevskaya

crim@izak.ru

Approaches to determination of the subject of the crime, regulated by the part 3 article 327 Criminal Code of the Russian Federation are considered in the article (the use of consciously forged documents).The problems which appear in qualification of document as “official”, “counterfeit” and “forged” are pointed out. Attention is given to formulation of similar elements of crime in criminal legislation of foreign countries.

Keywords: comparative law, official document, falsified document, forged document, falsification, passport, employee card, other certificate of identity, information.

Prejudice Decision of Arbitration Courts in Criminal Trial: New Perusal

P. A. Skoblikov

skoblikov@list.ru

The author researches the problem of inter-branch prejudice in criminal trial of the Russian Federation, reasons for its limitation and abolition by the legislator because of the Decision of the Constitutional Court of the Russian Federation No. 193-O-P, January 15, 2008. Legal propriety of the current edition of the article 90 of the Criminal Procedure Code of the Russian Federation is grounded in this article. The author comes to conclusion of necessity of edition to the Federal Constitutional Law on the Constitutional Court of the Russian Federation and suggests to add the possibility of cancellation of former judgments of this Court because of those fact that any court can not be safe from miscarriage of justice.

Keywords: arbitration courts, criminal trial, the Criminal Procedure Code of the Russian Federation, arbitration proceeding.

Efficiency of Justification by the Court with Participation of Jurymen

Yu. Yu. Churilov

kforui@yandex.ru

The author of the article researches the practice of the institute of jury trial, its positive and negative sides. From the author’s point of view the extend of the acquittal sentences with participation of jurymen is because of the provisions  of parts 4 and 5 article 348 of the Criminal Procedure Code of  the Russian Federation, of lack of legal knowledge of jurymen and other factors. The current procedure of jury candidate selection needs to be improved. The author suggests to create more effective mechanisms of determination of identity original facts of jurymen and to add to  the Criminal Procedure Code the tentative list of conditions, based on court practice, precluding to jurymen participation in consideration of criminal case and deeming as the ground to motivated challenge.

Keywords: acquittal sentence, jury trial, jurymen, the Criminal Procedure Code of the Russian Federation.

Force Majeur Provisions in the External Economic Contracts

V. A. Kanashesky

seleron75@mail.ru

The question of the  particular forms of  liability definition and the released matters for the default of obligations ensuing from the external economic contracts is raised in the present article. The notion "force-majeur" is considered by the author as the category which grounds released matter, which is differing by the content and the scope in various legal systems. The analysis of the international conventions, public acts of the states, materials of judicial arbitration practice and opinions of scientists from the point of view of the definition of the circumstances which are concerned to circumstances of insuperable force.

Keywords: the external economic contracts, force-majeur, relief of liability, circumstances of insuperable force, the parties of the contract, contract regulation.

Realization of the International Treaties in the Russian Federation: Legal Grounds

A. N. Morozov

mp@izak.ru

In the research article the questions of implementation of international treaties in Russian Federation are considered, International Law and Municipal Law acts are analyzed. The recommendations on improvement of Russian legislation are bring forward for purposes of promotion of efficiency of international treaty implementation.

Keywords: implementation, international treaties, The Constitution of the Russian Federation, the Vienna Convention on the Law of Treaties, Federal Law On International treaties of the Russian Federation.

Philosophical Issues of Law in Works of the Russian Neoliberals in the End of XIX — at the Beginning of XX Centuries

A. V. Popova

info@ruc.su

The article toughs upon some particular issues of development of Russian legal science. Russian Neoliberalism – is a one of the more important theories of the law.

Keywords: philosophy, neoliberalists, problems of the law, ethical normativism, idea of the law.

«Investigation» as Special Scientific Notion: Historical and Legal Arguments

T. L. Matienko

pet4332@yandex.ru

It is pointed out that the background of the notion “ investigation” is common slavic vernacular word “search”, which was used in the law of old Russia in XI - XIII centuries  for fixing of the proceeding rules regulating social relations which rise from personal or property tort. The conclusion is that the notion “investigation” and its formations during all the periods of the historical development were used in legal language for determination of activity aimed at crime control which has organized form and is regulated  by the law norms .

Keywords: investigation, scientific notion, term, pre-revolutionary Russia, crime.

Vague Notions in the Criminal Code of the Russian Federation and Their Influence on Efficiency of Application of the Criminal Legislation

E. V. Tcherepanova

monitor@izak.ru

This article is dedicated to exposure and analysis of distinctions of the criminal legal provisions application including vague notions. Features of the vague notions are disposed in accordance with requisitions of general theory of law and particularity of criminal legislation. There are precedents of the Supreme Court of the Russian Federation concerning explanation of group of vague notions containing in the Criminal Code of the Russian Federation.

Keywords: criminal legal provisions, principal of legality, resolutions of Plenum of the Supreme Court of the Russian Federation, interpretation.

Universal Declaration of Human Rights in the Norms of International and Constitutional Law

O. I. Tiunov

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