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Legal Bulletin of the Kuban State University

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No 3 (2020)
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ТЕОРИЯ И ИСТОРИЯ ГОСУДАРСТВА И ПРАВА; ИСТОРИЯ УЧЕНИЙ О ПРАВЕ И ГОСУДАРСТВЕ

2-7 2014
Abstract
Traditionally, there are three main forms of the emergence of the state: Athenian, Roman and German. All of them have different catalysts that contributed to the allocation of public power in society. The Marxist concept substantiates a special way of the emergence of the state in the countries of the Ancient East. These are, first of all, Ancient Babylon, Ancient Egypt, Ancient India, Ancient China. According to the formational approach, the decisive role was assigned to the "Asian mode of production", which, as a basis, determined a number of features of the ancient Eastern society and state. The article makes an attempt to highlight the main features of the social and state system of the countries of the Ancient East on the basis of research carried out in historical and legal science, as well as defining the problem of interaction between society and the state, the correlation of interests secured by the state at the early stages of development of state legal institutions.
8-12 146
Abstract
The article considers some aspects of the principle of state responsibility as one of the most important principles of the modern legal state. The responsibility of the state to the individual in its various manifestations is the most important factor of modern state and legal development, the most important condition for the implementation of democratic principles and social activity. Therefore, the main aspects of this principle should not only be enshrined in the Federal and regional legislation of modern Russia, but also be provided with mechanisms for their practical implementation.
13-17 111
Abstract
The article touches upon a number of issues related to the consolidation of the principle of legality in the system of existing regulations of the subjects of the Russian Federation. The principle of legality includes a number of aspects, and today it is important that all these aspects receive a technically verified and meaningful uniform consolidation in the system of issued normative legal acts of the subjects of the Russian Federation. In this regard, it is necessary to strive for a uniform doctrinal and normative interpretation of these aspects at the Federal and regional legislative levels.

CONSTITUTIONAL LAW; CONSTITUTIONAL LITIGATION; MUNICIPAL LAW

18-25 129
Abstract
The article analyzes the institution of redistribution of powers between state authorities of the constituent entities of the Russian Federation and municipalities from the points of view of its impact on the economic base of local self-government. The author concludes that the ambiguity of this term itself already entails the emergence of certain threats in this area. An analysis of redistribution practices shows that in most cases redistribution is reduced to the removal of many profitable powers from municipalities, for long periods and without any economic justification. The author proposes that the redistribution of powers should be preceded by an economic examination, within the framework of which the economic consequences of such redistribution should be analyzed both for the subject of the Russian Federation and for municipalities - as well as changes in the effectiveness of the implementation of these powers - for residents.

CIVIL LAW; BUSINESS LAW; FAMILY LAW; PRIVATE INTERNATIONAL LAW

26-32 289
Abstract
the article discusses the status of an individual entrepreneur and some problems associated with the implementation of this status in terms of the formation of a financial portfolio, the process of transferring the financial portfolio and property of an individual entrepreneur to the heirs in the event of his death, as well as possible solutions to the identified problems.

CRIMINAL LAW AND CRIMINOLOGY; PENAL LAW

33-38 123
Abstract
Interaction between the police and the public is an important factor in the organization and implementation of practices to prevent criminal behavior. The absence of such cooperation gives rise to distrust and fear of the law enforcement system, which ultimately affects the authority of the state power. European states at the beginning of the twentieth century made changes in criminological policy, focusing on building close ties between police officers and residents of a certain territory, which was due to the growing desire of local social groups to participate in the maintenance of public order. This led to a decrease in economic costs and increased the effectiveness of preventive activities in the field of crime and delinquency prevention. Thus, this article is an attempt to analyze the theoretical and practical ideas of using trust relations between the police and representatives of the public in the crime prevention paradigm applied by the EU states.

CRIMINAL PROCESS

39-44 411
Abstract
Most Important mission of the investigator in criminal proceedings has special procedural status, which is procedural autonomy, unjust restriction which, as was the immensity of the causes of violations of Federal law, if the criminal proceedings of his appointment. One of the ways to ensure procedural independence can be a detailed and legally regulated mechanism of responsibility of the investigator. The current practice of bringing the investigator to material responsibility by way of recourse does not yield positive results. Therefore, it is proposed to use the existing mechanisms for bringing to disciplinary and criminal responsibility, subject to the legislative definition of procedural offenses and crimes.
44-48 265
Abstract
This article deals with the actual problem of defining procedural actions as one of the appropriate ways to verify evidence in Russian criminal proceedings. The author of the article, based on the analysis of various scientific points of view on this issue, States the imperfection of the current criminal procedure legislation. As a result of the research, the author comes to the conclusion that procedural actions, along with investigative actions, should be explicitly specified in article 87 of the code of criminal procedure as one of the appropriate ways to verify evidence in criminal proceedings. The provisions that are formulated in the current version of article 87 of the criminal procedure code of the Russian Federation are specific forms of implementation of methods of verification of evidence in the course of criminal procedural proof.
49-54 120
Abstract
The article is devoted to the substantiation of the effectiveness of the remote attraction of experts’ knowledge in criminal proceedings and the concretization of the directions for its implementation. The promising directions of attracting an expert to conduct a crime scene examination, to inspect objects and documents, to search in the remote mode based on the use of AWS, as well as the interrogation of such persons in the mode of videoconference, have been investigated.
55-60 148
Abstract
Modern research areas are traditionally related to the field of proof. Their tendency is such that it allows us to state the expansion of not only the terminological apparatus, but also the essence of the categories used in theory and in law enforcement practice. This applies, in particular, to the concept of proof and the introduction of the category "evidentiary activity"into scientific circulation. In relation to the essence of this concept, there is no single methodological approach, and the expansion of practical use indicates the need for its (approach) formation. In addition to this, there is a need to develop procedural forms of evidence-based activity, which was the reason for the preparation of this work and the formation of a set of author's definition of evidence-based activity and proposals on the forms of its implementation.
61-66 124
Abstract
The article presents the results of the research on the classification of court decisions into final and intermediate ones. The author's position on the features of these decisions is formulated and their author's definition is proposed, as well as a position on the goal of the legislator to divide court decisions into final and intermediate ones, the degree of its achievement and the problems that are associated with the practical aspect of the existence of these types of court decisions. The article presents the results of the analysis of the legal regime of appeal of interim court decisions, as well as the problems of ensuring the rights of participants in criminal proceedings in relation to the appeal of interim court decisions and possible ways to solve them.

FORENSICS; FORENSIC ACTIVITY; OPERATIONAL-SEARCH ACTIVITY

67-71 179
Abstract
one of the conditions for preparing for an interrogation is the establishment of psychological contact, but in the literature of recent years, the question of its formation has not been raised. The article considers the General procedure for forming and maintaining psychological contact between the investigator and the interrogated person. Some of the most effective ways of interpersonal interaction based on the requirements of ownership of the interrogation initiative and the incentive to actively give evidence by the interrogated person. In particular, we consider such methods as studying the identity of the interrogated person, using his interests, neutralizing restraining factors in communication, which leads, in turn, to reducing the procedural costs of the investigation.
72-76 340
Abstract
the Article is devoted to certain aspects of the investigation of crimes related to drug trafficking. The authors consider the criminalistic and criminal-procedural features of the inspection of the scene of the accident, forensic examination of cases of the category under study. Some recommendations are proposed to improve their effectiveness, as well as to improve the detection and investigation of illicit drug trafficking.
77-83 187
Abstract
This article discusses the use of special knowledge at the initial and subsequent stages of the investigation of illegal participation in business activities. The specialist can assist the investigator in examining the discovered documents in order to determine the relevance to the investigation of illegal participation in business activities. When preparing and determining the tactics for conducting confrontations and interrogations, the specialist can assist the investigator in resolving issues in the field of special knowledge: civil, administrative, land and other legal relations arising between the controlled organization and its counterparties, as well as an official. According to the author, the use of special knowledge in the investigation of illegal participation in entrepreneurial activity contributes to the timely detection of all documents and items necessary for the investigation of a crime, and the prevention of grounds for a second search, as well as fixation of operational and reliable information necessary for the initial and subsequent stages of the investigation. However, the materials of the investigative practice studied by us indicate the insufficient use of special knowledge in the investigation of illegal participation in entrepreneurial activity. First of all, this is due to ignorance of the range of issues studied, lack of special knowledge and methodological recommendations for investigating illegal participation in entrepreneurial activity.

АДМИНИСТРАТИВНОЕ ПРАВО; АДМИНИСТРАТИВНЫЙ ПРОЦЕСС

84-89 170
Abstract
The article is devoted to the substantiation of the need to supplement administrative tortology with such a section as official tortology. The author reveals the essence and conducts a meaningful characterization of the scientific category “service tort”, which is the subject of service tort, defines the direction of service tort, which includes: the dynamics and structure of disciplinary offenses; reasons and conditions of official tort; the identity of the civil servant - the subject of disciplinary legal relations; measures to prevent disciplinary offenses in the public service system. It is stated that the findings of service tortology serve as a means of optimizing the legal, organizational and functional foundations of the effectiveness of disciplinary responsibility in the public service system.
90-96 170
Abstract
The article analyzes the main provisions of the Concept of the new Code of the Russian Federation on administrative offenses approved by the Government of Russia (hereinafter - the Code of Administrative Offenses of the Russian Federation or the Code). The tasks that faced the developers of the new edition of the Code of Administrative Offenses of the Russian Federation are considered. All 3 parts of the current Art. 23.3 Administrative Code of the Russian Federation, which regulates the powers of internal affairs bodies (police) to consider cases of administrative offenses. A comparative legal analysis of the provisions of Art. 23.3 Administrative Code and paragraphs 3.4 and 5 of Art. 44.4 draft Administrative Code of the Russian Federation. The author of the article believes that in the draft of the future Administrative Code of the Russian Federation there was no significant reduction in the total number of administrative offenses subordinate to the internal affairs bodies (police). Moreover, the draft article 44.4 of the Code significantly (by more than 50%) increased the number of patrimonial objects of administrative offenses (chapters of the special part of the Code), which contain the elements of offenses subordinate to the police. It can be stated: the goal and objectives set forth in the Concept of the new Code have not been fully translated into reality. In this regard, the author proposes to continue work on improving the part of the draft of the new Code regarding the jurisdiction of administrative offenses to the internal affairs bodies (police), and justifies the need for its substantial adjustment.

КОНФЕРЕНЦИИ, СИМПОЗИУМЫ

97-102 129
Abstract
The article provides an overview of the materials of the V international scientific and practical conference «Life of Law: legal theory, legal tradition and legal realit», which was held at the Faculty of Law. A.A. Khmyrov as an event dedicated to the 100th anniversary of the Kuban State University in a face-to-face-distance format with the participation of scientists and practicing lawyers.


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ISSN 2078-5836 (Print)
ISSN 2782-5841 (Online)