Vol 14, No 1 (2018)
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THEORY AND HISTORY OF STATE AND LAW
5-11 920
Abstract
Praetorship occupied important place in Roman civitas and had a significant influence on the development of public and private law of Rome. One of the most controversial issues in the study of the praetorship remains the question of the reasons for the introduction of this magistracy in the state system of Ancient Rome. The article presents the scientific outlooks on the reasons for the creation of the magistracy of the praetor. During our research two main trends in science were identified and analyzed. The first believes that the establishment of the praetorship is one of the stages of the class struggle, as "compensation" to the patricians, which allowed the plebeians to gain access to the consulate. The second direction is presented by the authors, highlighting as the main reason for the creation of the praetor the growth of the official duties of the Roman magistrates in the judicial, military or administrative spheres. We used special-historical and special-juridical methods.
CROWNED LIGHT IN THE CODE 1649: NORMATIVE DESIGN OF THE COMPOSITION OF STATE CRIMES IN MOSCOW RUSSIA
12-17 224
Abstract
The current article deals with the second Chapter of the Code Law 1649 (Ulozhenie). A distinctive feature is the analysis of this legal norm as multifaceted in the medieval understanding of the law concentrating the norms of state law and Canon law. In addition, attention is drawn to the importance of customary law for understanding the composition of state crimes of the population of Moscow Russia. Originality of legal technique of XVII century consisted in the differentiated approach to structures of state crimes (elite and mass). This was reflected in the compositional structure of this Chapter and was developed in the proceedings of Imperial Russia.
18-28 179
Abstract
Analyses the distinctive social and political conditions and character of occurrence of the little Russian territories into the Russian Empire. The author recorded that these circumstances are not clearly defined paths and areas of joint public-legal existence. Accordingly, the historical-legal evaluation process by contemporaries Pereyaslav range from forced entry, the protectorate to the contractual nature of the relationship and depend on a common understanding of the little Russian history. Hence it is alleged the judgment of the natural organizing effect of the Supreme power in the political space of a single state. Administrative system of Ukraine recorded acts of the Russian monarch in the context of the functioning of local institutions, headed by Hetman on the principles of selectivity, tradition, citizenship, service, and loyalty. It is concluded that in the period of the beginning of the administrative-territorial autonomism remain, with few exceptions the sphere of military administration and Finance. It is noted that the lack of a systematic law forced the administration to be guided by practice and actually a legal practice are increasingly the sovereign right of the monarch to determine the form of the state unity on the basis of his views and will.
29-33 157
Abstract
The article deals with the process of establishing a system of local budgets in Siberia during the NEP period. The main problems that prevent the formation of full-fledged local finance are analyzed, it is established that one of the main problems was the special ideological position of local financial workers. The conclusion is drawn that, being far from the center of the country, they did not have the opportunity to correctly interpret the main ideas of the NEP, considering this policy as a "retreat" from the main course. In view of this, the very idea of local budgets was perceived by them as alien, which predetermined a significant delay in the formation of them in the region. An assumption is made that the solution of the presented problem could be the operational activity of the NKF RSFSR to publish acts of interpretation of key normative legal acts that establish the foundations of the local budgets system, as well as active explanatory work with local authorities. The indicated problem seems to be one of the most significant for the historical and legal studies of local finance of the RSFSR in the NEP period.
CIVIL AND BUSINESS LAW
34-39 173
Abstract
The article presents the legal implication of invalidation of decisions of the meetings of various civil communities, and analyzes judicial practice. It is substantiated that the invalidity of the decisions of the meeting does not automatically invalidate all actions committed on its basis. It is recognized as necessary in determining the validity of subsequent legal facts to be guided by the principles of public reliability of state registers, as well as the principles of good faith and stability of civil circulation. Based on the study of judicial practice it is established that the implication of invalidation of decisions of the meetings can be effective for third parties only from the moment they learned or should have learned about the invalidity of the decision. It seems that such a moment can be the entry into legal force of judgment on invalidation of decisions of the meetings.
40-44 305
Abstract
In article specific conditions are considered, presence of which makes possible execution at the expense of the exchequer of municipal formation of the commitments on compensation of harm caused by the institutions of local government and their officials. It is shown that in current legislation determining order of execution of the commitments from hurting caused by the authorities, including institutions of local government and their officials, norms commitments setting right of the victim on reference to service of judicial police officers for compulsory execution of judgement and proper execution on compensation of harm are absent. The norms of civil, civil-remedial and financial right install only a voluntary order of execution by financial units of municipal formation of the award of the arbitrators on compensation of harm caused to the wrecked as a result of illegal actions (inaction) of authorities, including institutions of local government or officials of these units, pursuant to situations of norms of Budgeting code of Russian Federation. It is offered to introduce respective alterations to article. 1071 Civil code of Russian Federation.
АДМИНИСТРАТИВНОЕ ПРАВО, УГОЛОВНОЕ ПРАВО И КРИМИНОЛОГИЯ
45-51 269
Abstract
Creating favorable conditions for the person, the modern Russian State ensures safety of production and consuming of resources and services, including, by means of control and supervising activities of public authorities. For the purpose of determination of an entity of the concepts «monitoring» and «supervision», in article scientific operations and provisions of regulations are researched. Studying supervision and monitoring in historical development since the Soviet period so far, the factors which exerted impact on control and supervising activities come to light, the problem of correlation and demarcation of control and supervising powers is solved. The author selects prosecutor's office as public authority which basis of activities is supervision, including concerning public authorities of monitoring (supervision) and municipal control authorities. By results of a research the main signs of monitoring and supervision are defined, updating of supervising activities of the modern Russian prosecutor's office is justified.
52-60 473
Abstract
New anonymous Darknet computer network is insufficiently explored phenomenon, however, many studies confirm that this network becomes a leader in the distribution of drugs, weapons and pornography and provides services of cyber criminals and fraudsters. The article tries to answer the question, what is the illegal activity in Darknet, why criminals choose this method, and how to respond to the new challenges of law enforcement officers. It was used as a material of author's research of Darknet sites content, as well the results of international studies in recent years. The authors conclude that in this situation it is important to find a balance between an establishment of legal prohibitions and a development of a well-organized system of preventive measures.
61-65 2529
Abstract
The article is devoted to the problem of responsibility for the provocation of the crime, define the limits of the permissibility of the use of provocative methods in criminal intelligence apparatuses of law enforcement. The necessity of criminalizing provocative activities not only for production of commercial bribery and bribery and other crimes. However, the author believes that it is impossible to consider as a provocation tactics used by the intelligence apparatuses in carrying out such operatively-search actions, as a test purchase, controlled delivery and operational experiment, whose purpose and conditions are governed by Federal law. There is a proposal for inclusion in Chapter 8 of the criminal code a separate provision on the exclusion of criminal responsibility of the special subjects under the conditions of the legality of such events.
DEVELOPMENT OF LEGAL SCIENCE IN SIBERIA
66-75 265
Abstract
The article is devoted to the approaching 80th anniversary of the organization of higher legal education in the Novosibirsk region - a significant event for the entire legal community of the Siberian region, which will be celebrated in September 2019. The first and for a long time the only higher educational institution for the training of legal personnel in the Novosibirsk region was the Novosibirsk branch of the all-Union law correspondence Institute (VUZI), later transformed into the Novosibirsk faculty of the Sverdlovsk law Institute. For 19 years this branch was headed by the veteran of the great Patriotic war, the order bearer, the honored lawyer of the RSFSR, the candidate of juridical Sciences, the associate Professor Yakov Maksimovich Kozitsin. The article describes the professional way, scientific-pedagogical and organizational activity of the scientist, who made a significant contribution to the development of legal education and legal science in the Novosibirsk region, provides a retrospective analysis of his research interests in the field of criminology. In March 2019, the 100th anniversary of the forensic departments of the internal Affairs bodies will be celebrated. This is another occasion to pay tribute to the scientist who devoted his research to the problems of developing forensic tactics and techniques. The activity of the scientist as a statesman, educator and organizer of legal education and legal science in the Siberian region is also presented. The methodological basis of the study was historical, logical and systematic methods. On the basis of generalization of scientific and literary sources, the personal ideological attitudes, the author concludes about the necessity of studying the experience of previous generations, its preservation and transfer to young scientists.
ISSN 2542-0410 (Print)