No 4 (2016)

This article deals with one of the most important tasks of modernity i.e. drug addiction and its antisocial manifestation. The article includes not only systemic analysis of the experience of combating drug addiction in the USSR, in Armenia, as well as in Moscow and Yerevan based on the examples of the research on criminal cases and drug addicts made in 1976–1979 and 1982–1989, as well as the contemporary global practice in drug combating, taking into consideration the recent analysis of the scientific literature on the subject. The author substantiates the urgency of the chosen topic. The international practice of combating drug addiction and illegal turnover of drugs is considered. Special attention is paid to the close cooperation between science and practice issues in the domain of activity of the relevant bodies for fortifying introduction of scientific achievements in combating drug addiction.

This article discusses ways to protect the rights of spouses in the division of the common property. The author distinguishes civil and family legal protection methods. As a civil-law methods author calls control deals with the common property of the spouses, the spouses section overall debt, recourse, the spouses jointly and severally liable for the debts of the general. As a family-law method is considered a departure from the principle of equal share in the division of property.

The article studies problems of application of the rights of defense counsel, as enshrined in the Federal law № 63 dated 26.04.2002 «On advocate activity and advocacy in Russian Federation».

The article studies the regulation of the fight against crimes related to the decline in the use of narcotic drugs and psychotropic substances.

In this publication the historical aspect deals with some issues of formation and development of Soviet administrative law during the 20's – 40-ies of the last century. Particular attention is paid to the influence of the Bolshevik Party directives on adoption of certain legal acts that have had a significant impact on social relations in the country in the post-revolutionary period. The article on this issue also presents the findings of Russian scientists from various periods.

This article deals with the problems of practice of law in criminal procedure and acquaintance with the materials of the criminal case as a problem of the rights realization of the accused and his defender; gives practical recommendations concerning participation of an advocate in criminal procedure on the basis of new legislation.

This paper discusses the issues of the legal nature of a trade name, common cases of possible violations of the rights to the trade name, as well as an analysis of scientific papers on the subject of "problems of legal regulation in the sphere of protection of the rights of legal entities on the results of intellectual activity".

The article deals with some problems of legal regulation of the interaction of operatively-search and investigative authorities. In article marked the problems of the lack of complete regulation of the procedural mechanisms of interaction, the problem of legal uncertainty demarcation of investigative and other procedural actions, as well as the problem of correlation of the leading role of the investigator and his opportunity to entrust procedural actions to the operatively-search authorities. Proved the necessity to supplement of the federal law about operatively-search activity through the determination of the content of the operatively-search actions. Legal analysis is based on the diagnosis of the legal norms and the assessment of their content on compliance of the Constitution. According to a study were made brief conclusions and proposals to improve the joint activities of operatively-search and investigative authorities in stage of the preliminary investigation. The article also substantiates the necessity to using the possibility of an investigation by the investigation team.

The subject of research are some of the most common legal problems arising from the imposition of administrative penalties. In particular, deprivation of special right, the expulsion from the Russian Federation of foreign citizens or stateless persons, administrative arrest, disqualification and mandatory works. The article reveals the essence of the problems identified, to determine their probable adverse effects, and proposed possible solutions. Analysis subjected to many existing legal principles as a humanism, the possibility of appealing the decision of the court and authorized bodies, labor freedom. The paper analyzes how the current Russian legislation and bills.

The article is dedicated to the analysis of discussional points of the theory of sources of law. The article pays attention to dissatisfactory state of major pluralist concept. The author makes an endeavour to show the difference between sources of law, forms of law, and law-forming factors. It is suggested that one should understand a source of law as the will of a subject having the right to settle legal prescriptions and norms. The theoretical and practical meaning of such approach is shown. 

This article examines the problem of the establishment and application of the tax penalties c two points of view: the one she considered her a punitive measure, but on the other – as a motivation tool taxpayers, prompting to the norms of the tax legislation – the positive tax penalty. The development of law and legal theory pushed to such a consideration of the question of sanctions, offering to study the principles of their establishment and use. Among the basic principles and requirements of the establishment and application of tax penalties in the article is installed: the requirement of differentiation commensurate accountability measures to the offense, once, personalization and more. In addition, the article examines the use of an important category for the application of tax penalties – statute of limitations.

The problem of criminalistics ensuring of criminal responsibility for the crimes committed on the territory of the unrecognized state has been considered. It has been noted that the public commission carries out the documentation of the crimes in such international legal realias. Its status of the out-of-procedural subject in the international criminal court proceedings has been confirmed. The use effectiveness of the criminalistics technology in the course of such documentation has been shown. The criteria of interaction optimization of the out-of-procedural subject with the parties of the court proceedings have been formed.

This article discusses two contracts: contract labor and contract workers providing paid services. The author conducted a comparative legal analysis of these contracts are marked advantages and disadvantages of using these contracts. In conclusion the author draws conclusions on the further use of these agreements in practice, taking into account the changes in the legal regulation of work.