Jurisprudence |
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2006, No. 5/2
E.V. Ryabov
LAW-MAKING TREATY REGULATION OF FEDERATIVE RELATIONS IN RUSSIAN FEDERATION
The article deals with theoretical and historical aspects of law-making treaty regulation of federative relations in Russian Federation. The detailed analysis considers such constitutional treaties as Federative Treaty of 1992 and treaties on the delimitation of the objects of authority between federal bodies and state bodies of subjects of Russian Federation, constitutional and legislative basis for such treaty conclusion. The special attention is given to a parity of the federal law and the treaty as the forms of legal regulation of in the sphere of joint conducting of Russian Federation and its subjects.
L.Y. Malinina
PUBLIC UNITARY ENTERPRISES — ONE OF FORMS OF STATE PARTICIPATION IN CIVIL TURNOVER
Peculiarities of creation of public unitary enterprises are researched in this article. At the same time it is accentuated that these legal persons work on the basis of state property and appear as self-dependent participants of civil turnover, but profit, which received in result of work of these enterprises, becomes the state property.
E.V. Ruzanova
THE DEFINITION OF OBLIGATIONS OWING TO HARM-DOING
Discussion questions, concerned to the definition of obligations owing to harm-doing are considered in this article. The critical analytic review of the main points of view to the definition of such obligations and the conclusion of it's numerous aspects are given by the author.
S.V. Osipova
MAKING OF CIVIL TRANSACTIONS BY JUVENILES
This article shows peculiarities of making transactions by juveniles. In particular, the order of participation in transactions of very young and juveniles (at the age of 14-18) is researched in this article. The attention is indicated to the point that, as a general rale, transactions for very young can be performed from their name only by parents, adoptive parents or tutors. For making transactions by juveniles at the age of 14-18, as a general rule, the consent of legal representatives is required.
E.A. Marakhtanova
PROBLEMS OF CRIMINAL LIABILITY FOR CRIMES AGAINST FREEDOM OF PERSON
This work is devoted to problems of theory and practice application of criminal law rules about laibility for crimes against freedom of person. The work deals with the actual issues connected with improvement of criminal legislation about this crimes. The article is addressed to researchers, post-graduates and students of law schools, practicing lawyers, and all those who are interested in the problems of theory of criminal law.
Î.A. Adoevskaya
DEVELOPING THE SYSTEM OF THEFT MARKS QUALIFICATION IN RUSSIA'S LEGISLATION
The article under consideration deals with theoretical and practical problems of criminal liability for personal thefts. The emphasis is placed on the analysis of identifying marks of a theft. The article presents propositions concerning the development of the system of theft marks qualification in Russia's legislation.
N. Elina
SOME FEATURES OF REALIZATION OF MEDICAL ACTIVITY
The condition of the Russian legislation in sphere of exercise of medical activity is analyzed in article. The analysis of concept “service”, “help” and “work” is carried out. The author offers the original variant of definition to “medical activity”.
Y.U. Smirnov
FEDERAL INTERFERENCE AS A MECHANISM OF CONSTITUTIONAL AND LEGAL AMENABILITY IN THE SYSTEM OF VERTCAL POWER DIVISION
The following article is devoted to the study of the federal interference in the constitutional law of the European and American federative states. Special attention is given to the formation of this institution in Russian Federation, where the legal rationale of the federal interference and of some of its forms are given in the legal resolution of Constitutional law-court of Russian Federation and in the latest legislation, but demands further perfection.
A.S. Deshevykh
ABOUT THE IMPORTANCE OF NON-REFORMING BUT IMPROVEMENT OF THE RULES OF SENTENCE ASSIGNMENT
The subject for investigation in the Article is the Complex of theoretical and practical issues related to the legal regulation and scientific substantiation of sentence assignment. Indicating on necessity of application of punishment, in the article is spoken about observance the requirement of justice and usage of punishment only in those limits, which one are indispensable for achievement of the purposes, put before punishment, and problems, and perfecting of practice of assignment by courts of punishment — one of the most actual problems.
A.K. Utarbayev
ABOUT SOME GUARANTEES OF PROTECRION OF HUMAN RIGHTS ON PERSONAL PRIVACY ON CONDUCTING TELEPHONE CONVERSATOINS TAPPING
The state powers realization concerning the telephone conversations tapping and the opening a mail of citizens should not be entailed the derogation or the negation of their rights on personal privacy. It is necessary that the fixed conducting procedures and permission receiving for production of these actions should be provided themselves the corresponded and equal guarantees for citizens' rights protection.
I. Makogon
ABOUT SOME QUESTIONS OF COMPLEX OF EVIDENCES CONSTRUCTION DURING INVESTIGATION CRIMINAL CASES
In the article examined the questions, uninvestigated by science of criminal procedure by designing the complex of evidences. The author formulates the definitions of different complexes ( of evidences ) — parallel and subsidiary. With the help of materials of practice the author exposes the conception substance of every complex of evidences, their meaning for achievement of aims of proving.
R.G. Bubnov
PROCEDURAL STATUS OF PROSECUTOR AND INVESTIGATOR AS SUBJECTS OF CRIMINAL INVESTIGATION
The article is devoted to the study of one of the most disputable problems in the modern Russian criminal procedure — the problem of the term “criminal investigation” definition, its contents and subjective composition. In the course of analysis of Criminal Code of Russia statements, current scientific discussions and theoretical concepts proposed by various authors, it is concluded that the only target of the criminal procedure participants is investigation against the persons who committed the crime. While such understanding of the term “criminal investigation” can be possible only based on a broad treatment of the term, comprising prosecuting as well as researching activities of these subjects.
M. Paladjev
THE CONTENTS OF SUBJECTIVE RIGHT ON HONOUR AND ADVANTAGE
Features of human rights on honour and the advantage reflecting his essence as one fundamental laws of the person and as the personal non-property right are considered. The complex structure of the contents of the specified right, and also a role and limits of participation of the Russian Federation in his realization and protection is established.
D.Y. Penduhov
DEFINITION OF THE CREDIT IN THE THEORY BUSINESS LAW AND RUSSIAN LEGISLATIVE
In this article to investigated the credit in the theory business law and Russian legislative. The analyzed there are many different points of view about the credit. The author proves that the investigation of the credit unfinished and defined a new definition of the credit.