No 1 (2018)

This article is devoted to consideration of a question of involvement of minors to criminal liability; to consideration of types of the criminal penalties applied concerning the minors who have made socially dangerous acts, and subject to criminal liability; to consideration of features of application of these types of punishments and their efficiency. First of all in article psychological aspects of understanding by minors of the acts, ability to analyze and estimate the come consequences and also ability to be responsible independently for perfect acts are considered. Taking into account requirements of the Criminal Code of the Russian Federation age criteria of the minors which are subject to criminal liability are defined. The list of the criminal penalties prescribed by the Criminal Code of the Russian Federation applied concerning the minors who have made socially dangerous acts is provided. Taking into account features and specifics of application in relation to minors, each of types of the criminal penalties imposed to minor criminals is considered separately. The detailed analysis of article 88 of the Criminal Code of the Russian Federation within which differences between application of the considered types of criminal penalties in relation to minor and adult criminals are established is for this purpose carried out; the problematic issues arising at application of these types of punishments are defined and also considered arising discussions in the considered sphere. On the basis of the carried-out analysis of types of the criminal penalties applied concerning the minors who have made socially dangerous acts the efficiency and humanity of their application is defined. And in conclusion of consideration of a perspective of application of some types of punishments in relation to minors the offer on introduction of additions in part 3 of article 88 of the Criminal Code of the Russian Federation, regarding a specification of a number of hours, duration of the obligatory works established for minors aged from sixteen up to eighteen years is made.

In the article the author considers remedial protective measures and the purpose of their application and their functions.

Also he considers peculiarities that characterize given category of measures. The relationship of common goals and general functions of the protection measures is given in this work.

In this article the complex analysis of correlation of social and political state policy and public consciousness is carried out. The author gives arguments how the political system can influence mentality of citizens – to distort, tear away identity and to suppress the personality in the person. The resistant line of collectivization of behavior from the Soviet authorities led to final complete suppression of the personality in the person – the citizen of the state. We also reap fruits of similar large-scale suppression of the personality now, trying to revive private and their personal inviolability as the right which had at them since the birth in minds of citizens. Also causal moments on which it is heavy to implement respect for the private rights of citizens in Russia now are affected and reveal. Also historical development of regulations on personal privacy in the country constitution – Constitutions is tracked, reference points and the legislator's purposes are specified, in case of acceptance of the next provisions on human rights and the citizen. Cause and effect relationship with to and a post revolutionary time is tracked and also dynamics of development of the declaration and protection of the natural rights of citizens in the Russian state is estimated. The author indicates the need of an integrated approach to elimination of hostility to private life in the Russian society taking into account the mental injuries which distorted perception of private and private life in minds of citizens. The author offers one of solutions of the arisen problem mass promotion of inseparability of the natural rights for private existence for the purpose of fixing in consciousness of citizens of value of their private life and extrusion of remnants of the totalitarian period of development of the state.

The actuality is that the definition of the range of offences currently plays a leading role in the legislation of almost any rule of law. The legislator seeks to establish with the help of legal norms, the range of acts that are unlawful and for which the person will be attracted to one or another form of legal liability. The establishment of a range of illegal acts and responsibility for their Commission implements the General and private prevention, thus reducing the offenses, ensures normal functioning of all social relations, order and stability in the state, the rule of law by all subjects of legal relations. In this work we consider one possible of the most difficult in determining the size of responsibility of the institutions of civil law. Refer to the determining the amount of compensation for moral damage, identify any problems that currently need to be resolved through the improvement of legislation. It is worth noting that the imperfection of the modern legal system and leads to various problems when disputes arise. Hence the need for a comprehensive study of the legislation, focusing on the current practice in determining the size of compensable damages to enforce the purposes of the legislation and improving the legal system of our state.

The article is devoted to the issue of justice in legal doctrine and domestic proof and is aimed at solving both theoretical and practical problems. The question of justice has long been one of the leading places in the research work of many scholars of jurisprudence, philosophers, theologians, sociologists, etc. In an effort to explain to themselves and the world that “justice” itself is, scientists have chosen different definitions, some of them which, in essence, seem to be identical. Such a differentiated understanding of justice entails a great danger for the stable existence of society, since it is one of the key concepts of morality and law, the most important social normative systems. The misunderstanding of the term “justice” among law enforcement agencies threatens to undermine and depreciate it, the growth of legal nihilism. Therefore, the strengthening of this concept in the domestic legislation and (or) legal doctrine is essential for the security of our state, the stability of the legal system. The concept of justice is repeatedly found in the normative legal acts of the Russian Federation, inherent in both criminal and civil legislation. Undoubted seems the fact that such a socially significant concept as justice can not have a different character in different legal branches, on the contrary, it should concentrate in itself a single ideal of Russian society, the basic principle of the whole system of law. However, at the moment the legislator, who has included the word “justice” in various legal acts in various case variations, does not give any interpretation of it, with the exception of the Criminal Code of the Russian Federation. However, in our opinion, the concept of the principle of justice presented in the codified legal act does not correspond to the role of this concept in the entire system of law of our state and does not solve all the existing practical and theoretical problems facing our society.