No 9 (2016)
THEORY OF LAW: DISCUSSION CONTINUED
9-23 594
Abstract
The main aim of the article is attributed to the development of problems of reconciling cultural practices and regulatory innovations in the formation and development of legal systems of pre-state and modern societies. The conceptual value of the anthropologically oriented jurisprudence is that it is substantively and methodologically (by means of research approaches and scientific apparatus) tied to their identification and resolution. New historical challenges posed for legal forms and methods of organization and regulation of social relations in the context of economic and political globalization and integration presuppose the search for adequate legal solutions that are taking into account the human dimension of possible and planned institutional changes. The interest to the issue of "human" in the political and legal systems, institutions and procedures and, above all, to the conditions and dynamics of their changes under the influence of cultural factors is socially motivated and conceptually justified. Such interest is determined by the demand and the need to understand the boundaries of possible transformations in modern legal systems laden with new forms of state and law order gained by means of the positive and negative experience of their perception, understanding and evaluation. Law on its own contains as a regulatory foundation of social exchanges and communication universal and specific historical, invariant and variable elements and forms that determine the boundaries of its development and reproduction. Law is a complex set of rules and institutions, rules and procedures, the derivative function of social communication, political recognition and doctrinal justification for their admissibility or inadmissibility. In its subject f research, anthropology of law brings together both the issues of the evolution of law (Genesis of Law), and the issues of evolution of views on law (images of law) in their mutual interrelations and definitions. This allows us to uncover the most important aspect of social development associated with the modes of either recognition or denial of the social value of legal institutions in different cultural and historical contexts and modes of their formation and existence.
A STUDY OF RUSSIAN STATEHOOD
27-36 2586
Abstract
The article is devoted to the issues related to the concept of legitimacy of the state power. This article analyzes the distinction between the theoretical approach to the legitimacy and the actual forms of its implementation. The author considers the methods of how public officers gain trust of people in their control and examines such a phenomenon as delegitimization of power. Legitimacy is regarded as a phenomenon historically inherent in the power and is not associated with democratic institutions of the modern society. The article raises the issues of legitimacy among the population of absolute monarchies and totalitarian rule. The legitimacy of the state power is illustrated by both the examples of past centuries and the most relevant events of modern times. In particular, the author applies the perspective of legitimacy to consider the situation in Ukraine and in Russia, the attitude of the population of these countries to the policies of the authorities. The article sets out and justifies the statement that the legitimacy of the state power depends primarily not on the degree of the population participation in the governance of the country, but on economic, social and ideological factors. The confidence level of electorate is determined by the well-being of the population rather than by degree of provided freedom. Almost in all historical periods average citizens and nationals of various countries Appreciated life in prosperity and security and confidence in the future ensured by the state more than abstract values inherent in a classic democratic system. Almost all modern domestic studies devoted to the legitimacy of the state po wer hold opposite opinions. Most authors argue that the state power can achieve the public support if it allows the citizens of the state to participate in governance processes to greater extent and if it provides for actual implementation basic democratic principles. The analysis of the real situation, with examples of different states that existed in the past and exist in the present, proves the opposite. The main purpose of this article is to review the prevailing approaches that developed in the domestic science mainly in the 1990s to issues of legitimacy and bringing the theory into line with practice.
ECONOMICS AND LAW
37-45 396
Abstract
The article is devoted to considering the issues of the legal regulation of the accounting policy for the purposes of accounting and tax accounting under the laws of the Russian Federation. The article examines the etymology of the phrase "accounting policy", the history of this concept in the legislation of the Russian Federation, systematizes the sources of accounting policy legal regulation. The paper gives a detailed analysis of the legal and doctrinal definitions of the concept an "accounting policy". On the basis of the research carried out by the author, a new approach to the definition is offered that is based on the triune nature of an accounting policy as the model of organizing accounting, as the set of views of persons responsible for the formation of an accounting policy on the most effective ways of accounting and as a local regulatory act of an organization. The author identifies, classifies and explains the content of requirements and assumptions used in the formation of an accounting policy for accounting purposes in organizations. Also, the article deals with the order and analyzes the effects of changes in an accounting policy of an organization. Special attention is paid to the peculiarities of accounting policy formation in credit institutions, budgetary, public and autonomous establishments as specific participants of financial legal relations. The undertaken research has proven that if a legal entity does not have any approved accounting policy for the purposes of accounting and tax accounting, it is not an independent ground to impose liability. In the absence of sanctions for the violation of rules of forming an accounting policy, a lot of organizations formalize their approach to this issue. At the same time, the paper particularly emphasizes the fact that an accounting policy is not just a set of applied accounting methods: it is a local regulatory act (by-law) that supplements the existing normative legal acts regulating the order and procedures of accounting. In this regard, the author proposes to include into Chapter 15 of the RF Code of Administrative Offenses the article prescribing liability for the absence of an order of a head of an organization on the approval of an accounting policy for the corresponding financial year.
THEORETICAL PROBLEMS OF BRANCHES OF LAW
46-61 2379
Abstract
This paper presents an analysis of the category of "economic activity" from different perspectives: legislative, doctrinal, judicial. Despite the lack of a definition of an economic activity in the Russian legislation, normative regulatory act employ this term. This creates a problem of law enforcement that is illustrated with the examples from judicial practice. The author opines that doctrinal considerations and approaches available in legal and judicial acts are insufficient. This concept needs legislative implementation, because, if an activity is qualified as economic, this incurs granting an entity that is engaged in such an activity rights, imposing liabilities, determining legal mechanisms of enforcing and protecting rights, as well as other legal consequences. The content analysis of the concept of "economic activity" is widened by means of referring to related categories of "economic activity", "business activity", "professional activity", "income-generating activity", "trade activity", "commercial activity". In particular, it is noted that the concept of the "business activity" by virtue of its legislative framework and teaching needs, is the best known. The main directions of the discussion about the definition of business activity are presented in a summarized form. Also, the author points out at the importance of differentiation between the income received by an entrepreneur and the income received by an owner, and at contradictory jurisprudence. The author draws attention to the absence of a legitimate definition of "professional activity" and the necessity of its formalization in the Law "On Self-regulatory Organizations. "The paper suggests the structure of such a definition. Also, it provides for approaches available in the science to the issue of relationship between the concepts of business and income-generating activities. The author supports the opinion that the concept "other income generating activity" should be used as an equivalent to the concept "business activity". The author concludes that an economic activity is a broader umbrella term. Its categories include economic, business, professional, commercial, income-generating, commercial, trade activities. Each of them has different features that permit to distinguish and track the interrelation between these categories, which is made evident in legislation, judicial practice and is the subject of scientific research. Differentiation of economic activities results in: an attempt of the legislator to differentiate the categorical apparatus in relation to: entities engaged in such activities; branches of law, branches of legislation, academic disciplines. The author opines that the development of Economic Law is the vector of the doctrine development rather than the legal education development.
62-73 470
Abstract
The article is devoted to such a method of protection of registered rights to immovable property as recognition of registered rights (encumbrances) as being absent. The author examines its legal nature from the position of the enforcement acts of judicial institutions, as well as from the theoretical positions of the civil law doctrine in order to establish its connection with the period of limitation. Currently these relations are treated in accordance with two basic approaches. The first approach means the application of a general three-year limitation period under Paragraph 1 Article 196 of the RF Civil Code. The second approach amounts to the non-application of limitation periods under Paragraph 5 Article 208 of the RF Civil Code. A situation of legal uncertainty stems primarily from the lack of any clarity concerning the legal nature of the method of protection, which eventually makes it more difficult to protect the rights the details of which are registered in the Unified State Register of Rights to real estate and transactions with it. In practice, this results in difficulties in choosing an appropriate method of protection limited by limitation periods, and often leads to impossibility of judicial protection that also involves the loss of rights to immovable property. On the other hand, a registered right may be challenged at any time if the applicant's right to recourse to a court is not limited by the limitation periods. i.e. if this right is negatory.
PUBLIC INTERNATIONAL LAW
74-98 458
Abstract
Review. This article analyzes the legal (international law) issues of the Nuremberg trials that became a landmark world event for the whole legal civilization. The Nuremberg trials not only summed up and legally closed the outcome of World War II, where the Soviet Union played a major role in the defeat of German fascism, but also formed the basis of the rise of a new international order in the world and laid the foundation of the legal civilization, namely - the rights and freedoms of the individual. In addition, the results of the Nuremberg Tribunal enshrined by the UN General Assembly as the universally recognized principles of international law have withstood the test of time. The article highlights the main merit of the military tribunal, its historical mission, namely: international condemnation of fascism as the state ideology and policy, declaration of the war of aggression as the gravest international crime, justification of criminal liability of heads of states for unleashing wars and recognition of crimes of particular organizations that played a fateful role in an unprecedented escalation of violence and vandalism. The paper notes that the Nuremberg trials helped to prevent global international conflicts that could result in the world nuclear apocalypse in the contemporary history. Unfortunately, nowadays it is impossible not to see that at the turn of the twenty-first century the world community is facing serious threats and challenges, significant risks are represented by the attempts to revise the results of the Second World War, to give moral, political and legal rehabilitation of the Fascist State leaders and overzealous executors of their criminal will. This cannot be allowed to happen. Today, it is important to do everything possible to consolidate and eminence the authority of international law as a necessary foundation and development of the civilized world community.
COMPARATIVE LEGAL STUDIES
99-113 729
Abstract
Review. Maintaining the stability of the constitutional order often requires political and legal reforms. In the People's Republic of China, owing to historical and ideological reasons, the legal reform acts as an alternative to the political reform; currently the legal reform is expressed by the formula "The State Governance on the Basis of the Law. "The paper is devoted to the analysis of the content of this concept in comparison with related categories of the reign of law, a rule-of-law state and a Socialist rule-of-law state. In terms of content "State Governance on the Basis of Law" is being implemented in several areas: ensuring the direct action of the Constitution of the Republic of China and the improvement of legislative activities; promotion of public administration on the basis of the law ("The Legal Government"); ensuring equitable justice; strengthening legal consciousness of citizens; improving the system of training lawyers; reorganization of legal work and the regulatory system within the Communist Party. The overview of the history and content peculiarities of the concept indicates three sets of sources of "the State Governance on the basis of the law": Western archetypes of the reign of law and a rule-of-law state, the ancient Chinese Legalism ideology, as well as the experience of creating a "socialist rule-of-law state" in the USSR. Chinese visions of a law are approaching the conditions of formation of continental idea of the rule of law state relying on streamlining the bureaucracy by means of law. In contrast to the rule of law state and governance of law aimed at restricting the state and ensuring the autonomy of the individual and society by means of law, legalism has the opposite purpose of the law: the expansion of the state control over the society and an individual and replacement of all other social norms. Comparison of historical prerequisites of development of theories of the law governance and the rule of law state, on the one hand, and "state governance on the basis of the law" on the other hand proves that political and legal development of the European society and Chinese Society have undergone different stages and have different political and legal development. The latter due to the lack of experience of Christianity failed to form a volitional archetype of the rule of law state similar to the European archetype that formed during the Modern Age. In China, with substantial reservations only the ethics of legalism works; it is aimed at streamlining the state bureaucracy and there are no sufficient cultural preconditions for the perception of the concept of natural rights of individuals. Under the concept of "the state governance on the basis of the law" the state, similar to Western archetypes, is a managed entity, but the law does not acquire the status of the leading force remaining in the status of an instrument in the hands of a sovereign, i.e. a people represented by a party.
114-128 728
Abstract
Review. The paper systematizes and analyses the concepts of qualification of a contract in Russian and Anglo-Saxon legal families on the basis of comprehensive criteria developed by the author. The author focuses her attention on those concepts that are essential for the law enforcement practice. For example, the concepts application of which leads to the qualification of a contract as a non-binding agreement. A party to such an agreement may not go to court to have her rights protected in the event of non-performance of this agreement by the other party. The author distinguishes constituting features of Russian, Anglo-Saxon and Roman-Germanic (Continental) legal systems. Based on these peculiarities of the Russian, Anglo-Saxon and Romano-Germanic legal systems, the author discusses the theoretical and practical issues of qualification concepts in modern private law contract. These issues are examined in the light of main trends in the development of the doctrine and law enforcement practice of the Russian and Anglo-Saxon legal systems. The author carries out a comparative law analysis of the content of the concepts of qualifying a contract in the light of peculiarities of Russian and Anglo-Saxon legal systems. In particular, the author examines formal and substantive concepts of a contract qualification in the light of comparative law perspective. The paper deals with the issues of determining constituting features of a deal and the nature of invalid transactions, as well as with the definition of "the cause (Causa) for a transaction", and with the definition of "consideration". The paper provides for the criteria of legitimacy of consideration developed in law enforcement practice and the doctrine. In addition, the paper provides a comparative law analysis of the concept of a cause of a deal (cause) and the concept of consideration taking into account their common and distinctive features. As constituent features of the concept of consideration the author determines the criteria for legitimacy of consideration. The paper employs the author's approach to divide all criteria for the consideration legitimacy into objective and subjective criteria using the apparatus developed by the author. The author gives a brief analysis of every criterion taking into account the approaches of the current law enforcement practice and the private law doctrine.
LAW ABROAD
129-135 958
Abstract
Review. The article deals with the questions concerned with the system of traditional theory of four elements of a crime in China's criminal law doctrine. Since the early 90-s of the 20th century traditional theory of four elements of a crime in China has been subjected to a serious critical analysis. Opponents of the theory of four elements of a crime believe that this doctrine has the following disadvantages. First, the theory of four elements of a crime includes only conditions under which a crime is formed, other conditions precluding the criminality of an act are not covered with the theory of elements of a crime. However, the absence of such indications as the circumstances precluding the criminality of an act, does not amount to incompleteness of the structure of elements of a crime. Second, the traditional theory of corpus delicti has been adopted from the criminal law doctrine of the former Soviet Union; Soviet ideology had a great influence on this theory, while Chinese scholars support the idea of establishing a new doctrine of elements of a crime disregarding any ideology. At the same time, modern Russian criminal law and the criminal law science have successfully completed full de-ideologization, which can serve as a good example for China. Third, all four elements of a crime according to the theory of four-element are single-level and cannot be divided into different layers and, at first glance, do not maintain strict consistency when a crime is being characterized. Fourth, the interrelation of the concepts of a crime and elements of a crime has no clear boundaries, differences between the concepts of a crime and elements of a crime are not obvious. The author thoroughly examines objections and justifiably proves advantages of the theory of four elements of a crime at the modern level of the development of criminal law in China. Along with other Chinese supporters of the -four-element structure of a crime the author believes that this doctrine as compared with the three-element doctrine possesses a number of advantages, such as intuitive clearness, simplicity and convenience in application, which is rather important in contemporary China. Improvement and development of the traditional four-element theory of a crime is a primary challenge dealt with by Chinese theorists.
INTERDISCIPLINARY STUDIES
136-145 422
Abstract
The article provides a detailed study of forensic application of linguistic examination of judicial documents, written speech and oral discourse materials involved as evidence in Russian legal proceedings. It is stated that usage of forensic expert evidence in court has increased rapidly in the past fifteen years. Lawyers, attorneys, police officers, judges can seek for linguistic evidence as remedy to solve the case. The article covers the key topics of the forensic linguistic field from legal language and interface between language and the law to the collection and testing of verbal evidence in the courtroom. The author focuses on criminal and civil cases involving a variety of crimes and other delicts conducted via usage of language, such as fraud, bribery, threats, terrorism and extremism, ransom demands, slander, calumny, seditions, abuses and many others. It is pointed that forensic linguistic expertise provides important evidence that can help to reveal ambiguity, disguise, language manipulations in cases when an impression of the targets' guilt is intentionally created or a person has been provoked for crime actions or verbally forced to make false confession. In summary, the article represents an attempt to provide a wide spectrum overview of concerns of forensic linguistics and its practical application in legal process by law enforcements.
ENFORCEMENT MATTER
146-154 497
Abstract
Generalization of court practice on challenging the decisions of general meetings, and on the recognition of the title to shares has revealed one of the issues of ensuring sustainability of civil turnover. It is impossible to protect the rights of business entities and their members in cases where heirs, having accepted the inheritance and within a significant length of time neglecting their rights to the share in authorized capitals of limited liability companies (OOO) or shares included in the inheritance, at some point of time decide to exercise their rights as a "shareholder". An analysis of the provisions of the civil and corporate law in their interrelationship, and research papers on selected topics did not help to form a definite answer to the question about practical and theoretical validity of universal legal succession in cases where ownership interest or shares are a part of the inheritance. In terms of company law, acquisition of ownership interest or shares and the acquisition of the status of a company member are different actions, hence leading to different legal consequences. In respect of ownership interest of a limited liability company, which pass by inheritance, the legislator provides for extremely liberal approach, providing corporate relations participants with too much freedom in questions of local regulation of the transfer of ownership interest in the authorized capital of the company to the heirs. In this paper, the author defends the standpoint that the acceptance of the inheritance, which along with other assets include ownership interest or shares, cannot justify the acquisition of the status of a participant in a business entity. The objects, which entail the acquisition of the status of a business entity member, may not be acquired by lack of action, as the legitimacy of the decisions taken by the business entity depends on its membership as well as the sustainability of its activities. It is argued that the opening of the inheritance shall not oblige a business entity, the objectives of which are reduced to "pooling of capital", to take an active stance on finding successors, on managing their interests, while the heirs remain completely inactive. Based on the findings formulated in one of the judicial acts, the author proves the purpose of recognition of notification of a limited liability company on receipt of the certificate of inheritance by the heir as the basis for acquiring the status of a company member. With regard to joint-stock companies, the grounds for acquisition of the status of a shareholder are the record of transfer of rights, done by a person exercising the record of share titles.
155-162 475
Abstract
Sustainable development of the Russian Federation, the high quality of life and health of its population, as well as national security can be achieved only subject to preservation of natural systems, and maintain the quality of the environment. The task of environmental protection, environmental management and environmental safety contributes to an effective and efficient environmental control - State environmental control. According to the author, the State environmental control is established by the normative acts activities of governing institutions aimed at identifying, preventing and combating violations of legislation in the field of environmental protection, the rational use of natural resources and environmental security. Today the prevailing form of control, focused primarily on coercion and subjugation, is largely outlived itself. Modern conditions require a shift to preventive control, "control" as a service. For State environmental supervision in the Russian Federation to be really effective and comply with the economically advanced countries, it is necessary to restructure and strengthen its lead in the present orderly system. To improve ecological state control (supervision) the author suggests implementing a number of measures altogether, among which attracting independent and bona fide Environmental Auditors when conducting State environmental control under permanent downsizing of specialists for the elimination of the lack of qualified personnel. The increase in the number of inspection personnel on the ground, including through the introduction of freelance environmental auditors, will strengthen environmental agencies to sufficiently comply with prescribed environmental legislation function. The increase in the number of inspection personnel on the ground, including through the introduction of freelance environmental inspectors through the involvement of environmental auditors, will strengthen environmental agencies to sufficiently comply with prescribed environmental legislation function. This would be useful to supplement the administrative regulations for execution of State function by Rosprirodnadzor (Federal Service for Supervision of Natural Resource Usage) on state environmental supervision by relevant provisions. Serious step may become regulation of the relationship between environmental auditors and State inspectors on the basis of a new federal standard on auditing (FSAD) "Interaction of independent auditors with Government supervisors.
163-177 572
Abstract
The article describes such an exception to the general condition of the directness of judicial examination as disclosure of evidence given during the preliminary investigation by victims and witnesses who failed to appear in court. The author distinguishes between disclosure of evidence at the request of one party and with the consent of both parties, and points out which cases require such a consent, who are the parties and how they have to show their consent. She establishes connection between the provisions governing the conduct of the trial with the general provisions of the criminal procedure, as well as the rights of its members. The article gives an explanation of why, in certain circumstances, the consent of both parties at disclosure of evidence given by absent participants is not necessary. What, who and how, in such a case, you need to establish to be able to apply the provisions of part 2 art. 281 of the Criminal Procedural Code of the Russian Federation. Special attention is given to the interpretation of such a term as "other exceptional circumstances impeding appearance in court. "The author addresses to multiple FKZ (Federal Constitutional Law) and FZ (Federal Law), demonstrating unambiguity of understanding by a legislator of the specified concept in different legal acts. In conclusion, the article discusses the possibility of disclosure of evidence in connection with significant contradictions, provides interpretation of this concept and points out the conditions under which such a disclosure is possible. It is also noted that under the art. 281 of the Criminal Procedural Code of the Russian Federation they must disclose record of interrogation, face-to-face confrontation protocols and evidence inspections on the bench. This article is based on the provisions of the Constitution of the Russian Federation, FKZ, FZ, norms of international treaties. The article lists numerous legal positions of the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation, the European Court of Human Rights; highlights those significant violations of the Criminal Procedural Act, which general jurisdiction courts recognize as the grounds for reversal of a criminal case; and specifies the cases in which the disclosed evidence is considered inadequate and cannot be used as the basis of the indictment of the defendant.
CRIMINOLOGICAL RESEARCH
178-187 636
Abstract
This article covers a victimologic characteristic of offences by minors against sexual inviolability and sexual freedom in modern Russia. According to the results of the study, the author finds out that victims of sexual offences by minors are mainly subject to rape, criminal sodomy, and other acts of sexual nature, however, they may be subject to abuse on their part. By gender the juvenile victims of sexual violence are roughly equal with predominance of males in the sexual assaults. It should be noted that there is an increasing tendency in criminal homosexual abuse among minors (mostly against younger boys). Sexual offences by minors are characterized by overcoming the resistance of the victim without effort which involves not only victim's gender, age and physical characteristics, but also addiction to alcohol, drugs and psychotropic substances. Juvenile rapists and their victims are usually socially interconnected or are members of one and the same reference group. In the vast majority of cases of sexual abuse by minors, a victim behavior was reckless and careless, in some cases, sexually accessible and provoke. Scientific judgments about harm done to victims of sexual abuse by minors are highly polar, ambiguous and contradictory: from the belief that it is an indelible damage to the formation of the identity of the victim and her subsequent socialization, to recognize that sexual contact, even violent, does not cause any harm to their victims, which is described by the supporters of dramatization of such offences.
EXECUTION OF PUNISHMENT
188-204 548
Abstract
This article discusses the novelties in criminal and penal policy, enshrined in policy documents and Criminal-Executive legislation in the year 2015. The author analyses the changes and additions to the concept of development of the penal correction system of the Russian Federation up to the year 2020, made by order of the Government of the Russian Federation dated September 23, 2015 Trends of humanization of conditions of serving imprisonment, further strengthening of compliance with the rights and legitimate interests of convicts are pointed out. The author considers the changes in the criminal enforcement legislation taken place in 2015 as well as the decision of the European Court of Human Rights in the case Khoroshenko v. Russia, affecting the content of life imprisonment and provides its evaluation. The article examines political, social and spiritual factors that may affect the decision of the Constitutional Court of the Russian Federation on a similar case. In addition to the article the author provides an expert opinion prepared by the author and presented to the Constitutional Court of the Russian Federation on the question of granting convicts serving life imprisonment in strict conditions, long visits.
LEGAL EDUCATION
205-213 358
Abstract
The article emphasizes the relevance of the research participation of legal professionals at various stages of legal regulation, particularly law-making and law enforcement. The achievements and problems of the data are analyzed on the basis of sociological research. The author, along with positive developments notes that practitioners in the formation process take quite an insufficient part. The viewpoints of lawyers as socio-professional groups are not adequately studied and are not taken into account. The article notes that the most common way to participate in the legal regulation of lawyers is their practice. In this context, the article provides information on the difficulties they face in applying the law. According to this criterion the first place is given to the interpretation of law, content analysis of applicable standards. In the final part of the article, it is noted that the results of the study are of a fairly general nature and need fleshing out, which could contribute to the further study of the problem.
STATUTARY REGULATION OF EDUCATIONAL ESTABLISHMENT ACTIVITY
214-229 1213
Abstract
This article discusses the conceptual foundations and General characteristics of the General Statute for the Imperial Russian universities of 1863; background to its creation; the value of this legal act within the framework of the general trend of reform of higher education system in the second half of the 19th century. This Statute replaced the General Statute of the Imperial Russian universities of 1835. The article describes a system of University management, its internal and external components. In part of external management each University was "under the major control of the Minister of Education" and "was put in the hands of an educational district Trustee". The General provisions of the Statute of 1863 did not include an article enshrining the State status of Russian universities. In the Charter it is set in chapter XII "The rights and benefits of universities", which stipulates that "all universities are under special patronage of His Imperial Majesty and have the name of the Emperor". As for the internal management the Statute of 1863 secured that "the nearest university management belongs to the Rector". The Statute of 1863 defined collegiate management bodies: «1) University Council. 2), the Board of the University. 3) the University Court. This article analyzes the composition of the subjective educational and scientific activity of the University, the legal status of teachers and students, including their certification. The Statute of 1863 enshrines the classical structure of Russian universities. General provisions of the Statute of 1863 define that "each University consists of faculties, as a part of a whole", i.e. "sciences included in university education" were distributed between faculties. All universities had the following faculties: the Faculty of History and Philology, the Faculty of Mathematics and Physics, the Faculty of Law and Medicine. However, St. Petersburg University had a slightly different list of faculties, where there was the Faculty of Oriental Languages instead of the Faculty of Medicine. Faculties included Chairs as main scientific and educational units. Conceptual foundations of the General Statute of the Imperial Russian universities of 1863 contained several innovations that met the requirements of their time. Preparation and adoption of a new University Statute were caused by substantial changes in the Government's course in the last quarter of the 19th century. The General Statute of the Imperial Russian universities of 1863 was the primary legal source for the preparation of a new University Statute of 1884.
POLEMICAL NOTES
230-241 2160
Abstract
Key procedural problems of domestic criminal proceedings are closely connected with the observance of the rights and legitimate interests of not only the individual but also to society. Therefore, the conclusions of pre-trial and trial proceedings must be based on an objective and impartial clarification of all the circumstances of the criminal case. Knowledge should be based on the collection, verification and evaluation of forensic evidence, i.e. evidence procedure, governed by the Criminal Procedural Code of the Russian Federation, which contains requirements for judicial evidence. The authors justify the assertion that the numerous changes made to the Criminal Procedural Code of the Russian Federation made preliminary investigations extremely cumbersome, essentially bureaucratic. They also analyze the negative impact that caused the copying by the legislator of part 2 art. 50 of the Constitution of the Russian Federation in part 1 art. 75 of the Criminal Procedural Code of the Russian Federation. Criticizing the formal procedural criteria for the admissibility of evidence, the authors consider the resulting negative impact and advocate the return of the "objective truth" in the domestic criminal process. The article is concluded with a new draft of the art. 88 of the Criminal Procedural Code of the Russian Federation and proposal to lead science in criminal proceedings to the model of analytical science due to K. Poper.
MARGIN NOTES
242-248 403
Abstract
For professional educators it has been evident for a long time that in current situation it is not possible to teach criminal law using old approaches as well as any other branch of law. The dynamics of the legislative process is too extensive, excessive amount of new legislation, and more regulations that need to be taken into account in law enforcement. Any expert, and much less a beginner, can just lose guidance in this abundance of material. In this context, the task of the teacher and the educational task today is not to coach you students to know the legislation, but to train them how to navigate in the constantly changing legislative field, train them as fast as possible to find correct answers to the questions raised. The review notes that, despite a huge array of educational literature on criminal law books, it is difficult to find a few worth paying attention to. The thing is that to write a modern tutorial is not as easy as it might seem. People face a problem you have to solve based on the entire array of legislative regulation. It means that before dealing with this array you must realize the problem. This is the only way to find the right decision under the law. This tutorial is definitely built on this principle: the problem is formulated and possible ways of finding a solution are identified. The review specifically notes that all the chapters of the textbook begin with the words "topical issues". This alone leads the reader to search for solutions to these problems. At the beginning of the search these are a few ways and only at the end you face the one that leads you to the desired result. Besides, the result may be unexpected for the author. Still a negative result is also a result. The review highlights the most interesting moments of the various sections of the tutorial: principles of criminal law, offences against property, computer crime, etc. The tutorial will be of interest to all the lecturers specializing in this field.
ISSN 1729-5920 (Print)
ISSN 2686-7869 (Online)
ISSN 2686-7869 (Online)