No 1 (2017)

The article deals basic political and legal ideas of the Armenian-Russian agreement project under the name "Union treaty between the two nations – Russian and Armenian", and his companions out of the number of Armenian units of the Constitution of Armenia's independence Shaamir Shaamiryana and his companions from among the Armenian patriots Madras (India ) under the name "Armenian Code of laws for the governance of the country Armenian".

The article shows what opportunities to influence the course and the results of criminal procedural activity the accused had in the development of Russian criminal justice. It is noted that the personal interests of the accused began to be studied only with the adoption of the Criminal Procedure Charter of 1864 and only in the exercise of the rights that belong to him. It is pointed out that the most varied forms of influence of the defendant's will for criminal procedural activity existed during the period of the first Soviet criminal procedural codes of 1922 and 1923 according to which the legal will of the accused was of fundamental importance in some cases for a significant reduction of judicial seizure within the existing form Implementation of justice, in others – changed the form of the implementation of justice, in the third -–changed the nature of the criminal prosecution. It is noted that the personal interests of the accused began to be studied only with the adoption of the Criminal Procedure Charter of 1864 and only in the exercise of the rights that belong to him. It is pointed out that the most varied forms of influence of the defendant's will for criminal procedural activity existed during the period of the first Soviet criminal procedural codes of 1922 and 1923 according to which the legal will of the accused was of fundamental importance in some cases for a significant reduction of judicial seizure within the existing form Implementation of justice, in others – changed the form of the implementation of justice, in the third – changed the nature of the criminal prosecution.

Based on the study of archival materials, the article is aimed to reveal the process of formation of the judicial system of the First Republic of Armenia by means of reception of the judicial statutes of Alexander II, and thereafter the change of the initial democratic stance and legislative abolition of certain principles of justice. These changes, whose motives were not limited to only political ones, were not only a consequence of a low level of legal culture and awareness of the political elite, but they were also a result of a collision between democratic legislation and an extraordinary situation in public relations. 

The article deals with the question of the necessity of the use of social networks in the cognitive activity of the investigator, it is discussed opportunity to use social network in crime investigation. It is spoken in detail about advantages of using and problems with working with social networks.

Analyzing changes of the criminal legislation regarding the crimes connected with road traffic offense, the author proves a conclusion about existence of technical and legal defects in contents of article 264.1 Criminal Code of the Russian Federation and offers a way of their permission.

The article analyses a concept of action as a condition of criminal responsibility, as it is represented in 1960 essay Acts of Will and Responsibility by a British philosopher and jurist, H. Hart. The author’s conceptualization of action in doctrine and judicial practice of a precedential (primarily British) legal system is considered. Methodological principles and techniques of Hart’s study are explicated thus establishing its interpretation as an application of ideas of analytical linguistic philosophy to problems of criminal law.

The article analyzes the relationship of the accused with the officials engaged in criminal proceedings, their nature, shape and the ability to influence the criminal procedure the defendant's behavior.

The subject of the study is the phenomenon of legal responsibility, which is not confined solely to the undermining of various adverse consequences of the offense, but is also expressed in the promotion of legitimate and socially useful actions. The article analyzes various scientific positions on the notion of legal responsibility. The author proceeds from the concept of legal responsibility as a holistic legal phenomenon that has various forms of implementation. Punishment and encouragement is not a consequence of legal responsibility, but its various forms of realization, conditioned by the philosophical law of unity and struggle of opposites.

The author comes to the conclusion that encouragement and punishment have a number of common features and characteristics that make it possible to consider them as forms of implementing a single legal responsibility: both the encouragement and punishment are contained in the third structural element of the rule of law - sanctions; They pursue a single goal - to form a legitimate behavior of the subject, to prevent the commission of an offense; Have the property of normativity; Encouragement and punishment are legal means allowing to consider them as paired legal categories; Their existence within the framework of statutory responsibility is conditioned by the philosophical law of unity and struggle of opposites.

The presence of gaps in the legal regulirovaniya circulation of electronic tools and systems leads to the criminalization of such relations, the use of electronic means of payment in criminal schemes, growth of crimes committed with their use. One such gap is the lack of scientifically-researched definitions of «electronic payment instrument». The article attempts to justify this determination, and allocation of criminalistic characteristics of crimes, sovershennyh using electronic payment means and systems.

The correlation of such concepts as competence and knowledge-ability of the extra-procedural subject recording the crimes on the legally unrecognized state is examined. Indexes of the effectiveness of the expert’s choice by the extra-procedural subject are set up. It has been defined that documenting of the events with the crime signs, the ensuring of the quality, objectivity and authenticity of the results of recording, engagning the specialists and trial experts to the process of recording as well as the test assessment are the components of the subject’s competence.

The article is devoted to problems of legal regulation of principles of criminal proceedings, revealed the nature and significance of principles in criminal proceedings. The author notes that the legislator has constructed a fairly solid system of principles that is currently either expand or narrow impractical.

In this article the author reviews the establishment of the city communal services and amenities of Stavropol-Togliatti in 1960-s according to legislation in the field of population¢s personal services. Author cites archival data of the City Soviet¢s of Working People¢s Deputies sessions, articles of the local newspaper «For Communism», considers diverse development¢s issues of the city communal services and amenities.

The article deals with the problems of the separation of powers in the context of transition from a presidential-parliamentary form of government to a parliamentary one. The problem of optimal separation of powers occurs in all forms of government. At the semi-presidential form of government is the main task is the ensuring of the distribution of authority between the president's power and the three traditional powers and strengthening of such system of checks and balances between the authorities, which are able to prevent the danger of the establishment of a regime of personal power of the president. In terms of parliamentary government main task is to ensure the stability of Parliament and prevent the dangers of parliament objectively unreasonable, populist legislation.

The article deals with the concept of the principle of law, the constitutional principles, the division of legal norms on rules and principles. The advantages and distinctive features of formal legal criteria.