No 4 (2017)

The article attempts to analyze the political and legal views of representatives of the French liberal school on the problem of administrative decentralization in France in the 50–60's. XIX century. During the Second Empire, a hierarchical centralized power vertical was created. As a consequence, in the 60-ies. XIX century. in France, the struggle for decentralization unfolded. The basic postulates of the administrative reform were formulated in the “Nansi program”. Liberal-minded thinkers of the time, among which the most famous were L.-A. Prevos-Paradol, E. Laboulaye and J. Simon joined the requirements set forth in the Nansi Program. In their works, they paid considerable attention to the need for administrative reforms in France, which, on the one hand, would limit the powers of the central government, and on the other hand, give more initiative and freedom to local authorities. The article considers general theoretical views of representatives of the liberal school on the relationship between the concepts of centralization and decentralization, power and freedom, as well as specific proposals for reforming the administrative and territorial structure of France, which should provide significant changes in local governance. The main principle and, at the same time, the first condition for reforming the administrative system, according to L.-A. Prevost-Paradole and J. Simon, was the holding of free elections of officials, and municipal freedoms should be based on two grounds (like, in general, freedom): initiative and responsibility. The article notes that some of the ideas proposed by the French liberals were subsequently realized in the first decades of the Third Republic.

The relevance of the work lies in the fact that, as we know all secret and unavailable is always the subject of increased interest of the public. Even the illusion of secrecy raises a lot of discussions and versions of the ordinary citizens, but if we are talking about secrecy at the level of departments, organizations, agencies, departments, or even state, it is the interest of the state rivalry. The important position of head of the Institute of state secrets in legal relations arising from the circulation of such information. The main and necessary is such activity of the state authorities, as the preservation of the security of the Russian Federation, which is directly related to the information, but rather with the state and office secret, the protection of which is carried out by means of criminal law. It is the betrayal of the state secrets that constitutes a dangerous potential threat to the security of the state and may become a motive for the violation of sovereignty, territorial integrity, inviolability and defense. The aim of this work is the analysis of liability for violation of state secrets in the administrative and criminal legislation. The paper considers the offences for wrongful acts in relation to information constituting a state secret. Also discussed are liabilities for violation of state secrets in the administrative legislation.

This article examines the legal characteristics of outstanding “legislator concepts of work”, “creativity” and “creative contribution” in terms of objects of intellectual property legal protection. The author explores the creative contribution to the content of the product, allowing to individualize the object of exclusive rights and to relate this work with its author.

In the article the directions and results of codification of the criminal legislation of 1950–1960s are considered, the characteristics of the novels of criminal law are given. The author substantiates the idea that during this period, the punitive component of the criminal legal policy is mitigated, the scope of correctional and educational measures is expanded, the application of the analogy of the law in criminal law is abolished, etc. The author established that for crimes against the state, against military service, against state property, etc., the liberalization of criminal law did not apply.

The article briefly discusses the problem of the correlation of freedom and legal responsibility in history of political and legal thought in the modern world.

In a technique of investigation of credit fraud the important place is taken by the criminalistic characteristic of this type of fraud. A quantitative and qualitative variety of ways of commission of credit fraud demands their careful studying. We defined a concept of the criminalistic characteristic of fraud of the sphere of crediting, ways of commission of this crime, including preparation, commission and concealment of criminal action are investigated, their classification is given.

The article is devoted the correlation between categories “conviction” and “coercion” as the methods of the state and law influence. Author comes to the conclusion that “conviction” and “coercion” are ‘’self-sufficient’’ methods. For this reason introduction to the legal science category “conscientiousness” is not appropriate.

The public documentation in respect of the aspect of legal responsibility under the conditions of the unrecognized state has been considered. The public committees, public organizations and other public structures have been classified as subjects of the public documentation. The public subject can provide legal facts for the implementation of legal responsibility. The essential features of the public documentation include the initiative character, public subject, illegal content of the documentary event, the use of special scientific studies for objectification of the documentation result. In the dynamic structure of the implementation of legal responsibility the public subject is applicable at the stage of determining the set of all elements of an offense. The object of the public documentation is an event of a conflict nature, reflecting a problematic situation and containing elements of an offense.

The legal category of “offence” is a key in the theory of law. Its study in science has traditionally paid a lot of attention, but it should be noted that to date, many parties in this category remain controversial and not fully understood. A characteristic feature of modern Russian law is the process of allocating “new” types of offenses – branch (constitutional, tax, customs, etc.). This has naturally led to increasing complexity of the overall system of illegal acts, which every year becomes more and more difficult to navigate. I must say that the provisions concerning unlawful acts in the sectoral disciplines in the majority have been designed independently without taking into account the provisions developed General theory of law. This is reflected in the regulatory definitions, which leads to disputes in practice. In this regard there is an urgent need to develop a United theoretical concept of the offense, which should become the basis for the entire system of industrial offences. Developed in the bowels of the provisions must be implemented at the legislative level when you pin definitions industry-specific offences, their characteristics, structure. As for the theoretical investigation of such legal phenomenon as a crime that it becomes effective only when it is based will be the study of historical material. Of course, that modern ideas about the offense not formed spontaneously. Their formation has provided and continues to provide a wide variety of factors including historical. It is true that modern science cannot do without historical basis. This applies to the theory of state and law. Therefore, one of the most important tasks is the study and analysis of stages of formation of the legal doctrine of offense in historical perspective.

The article is devoted to the topic of the day, because the development of the market-oriented economy and corporate relations has provoked an increase of the number of corporate disputes, including those associated with the loss of the participatory interests of business entities. In the article the author has analyzed the judicial practice and has identified conditions, which are mandatory for the using of such a method of protecting the right as the restoration of corporate control.

In this article author considers about the interrelation and mutual influence of the source and form of the offense, as well as the source of functional content of the legal liability and the forms of its realization on the basis of the willed concept of law-making. The required classifications of types of source of the offense and the form of the offense, the source of the origin and realization of legal liability, the form of the realization of legal liability, as well as the sub-forms of the liability’s procedural form are created. An attempt of a systematic approach to studying the source and legal form of the offense and legal liability is made.

In article the author discusses categories such as technique, method, methodology of research in legal history. The author defines the meaning and purpose of methodology of historical-legal studies, identifies the methodological problems of historical-legal science, determined by its features.

The society for its survival and forward movement always tries to find ways of interaction in different spheres of life, coordinating the interests of individual social groups. Moreover, the search for ways of such interaction, mechanisms for the coordination of the relevant interests can not be arbitrarily chosen. They are determined by economic, social, political systems, the change of which entails and the transformation of mechanisms (including legal ones) to achieve a public consensus that ensures the sustainability of the development of society. All that has been said also applies to the sphere of vocational education, which, ideally, should satisfy and realize the interests of several subjects: citizens seeking to realize their abilities through education and obtain knowledge and skills that are in demand; Employers wishing to be able to choose competent staff; educational institutions implementing educational programs on certain standards; the state (and in a broader sense of society), which is not only the guarantor and intermediary of obtaining the desired, but also the computational and determining path for its development, the first three subjects, including from the point of view of training professional personnel.