No 3 (2016)

In the article different issues, related to the responsibility of so-called judaizers in accordance with the articles of the Code of criminal and correctional punishments 1845, are investigated. Apart from the regulations reflected in this law, propositions of some other documents of a normative nature, which are necessary for a more complete coverage of the studied issue, are considered. In the article the features of the doctrine of this sect are noted, which allow to estimate the degree of the danger of the activities of this religious association for personality, society and state.

The article deals with the questions of qualification of extortion in Russian modern criminal legislation. Special attention is paid to the legal analysis of such constructive signs of extortion, as its main and additional objects, the subject of this crime, its victim, the moment of the end of this crime, etc., and also to an extortion differentiation from theft of someone else’s property and other adjacent crimes.

The article investigates the issues related to the punishment of imprisonment. In the article the theoretical and practical recommendations and proposals aimed at reforming the institution of imprisonment, improving the criminal law as the basis of relationships associated with the assignment and enforcement of a sentence of imprisonment, given the experience of foreign countries, using a comprehensive criminal legal analysis of the problems existing in this sphere.

The dialectical method of investigation of legal responsibility in the field of intellectual property. The author points out features of the study of offenses in the area of exclusive rights to results of intellectual activity.

This article deals with the problem of distortion of primary statistical data on the situation of the military personnel crime.

The article explores a concept of action and its relation to responsibility in the linguistic-analytical conception of a British philosopher and jurist Herbert Hart. It discusses the thinker’s thesis about a social (ascriptive) character of a concept of action, opposed to its interpretation as a description of empirical fact. The article also analyzes Hart’s conception of ascription of responsibility, its limits as well as possibilities of its reformulation through the author’s doctrine of ascriptivism.

The article is discusses the question of determining the basis of application of state coercion. The offense is determining as the key reason for use of state coercion. Analyzed the relationship and correlation of categories “state coercion”, “offense”, “legal anomaly”. Draw conclusions about the basis of application of state coercion in the present stage of development of the Russian state.

The issue is devoted to the definition of the nature of the coercive measures established in the municipal acts and applied to the violator of the CATF regime and their ratio with measures of administrative responsibility established in the code of administrative offences.

Criminal procedure responsibility as an independent type of legal liability, is recognized by most scientists involved in the said issues. The Code of Criminal Procedure, it is represented by a penalty, as the monetary penalty. However, according to the general theory of law, legal liability arises only for the committed offense. Therefore, in criminal proceedings under the Criminal-procedural responsibility as a party to the commission of the offense of criminal procedure. However, in Russian criminal procedural law, the term “offense” is not used, just as not using the term “procedural responsibility”. As a result, the law enforcement agencies have difficulty in identifying procedural violations and imposition of sanctions. In this article we will explore the concept of criminal procedural violations in terms of the theory of criminal procedure and the current legal regulation, as well as considering the problems in legalizing procedural violations (misdemeanors).

The article is criminal legal characteristic of signs of the objective party of slander, coupled with the spread of false information about a person of the diseases, presenting danger to others under the criminal code. Special attention is paid to the types of diseases that pose a danger to others.

Discussion the problem of the maintenance of the Institute “Golovnichestvo” revealed on the basis of attracting new sources of information. Golovnichestvo is considered in the system of private law compensation measures, allowing you to more confidently judge the content of this Institute of old Russian law.

The scientific work is devoted to the concept and essence of legal fictions, their role in the development of law and the state. Special attention is paid to the study and definition of the main features of legal fictions in constitutional law, the author proposed the concept of constitutional and legal fictions.

In article the questions connected with qualification of deliberate causing heavy harm to health which on the level of public danger can be put on the second place after crimes against life are investigated. For this reason this corpus delicti contains a list, similar to murder, of the aggravating signs. For the period 2007–2014 to structure of Art. 111 of the criminal code of Russian Federation it was made a number of the essential changes concerning the qualified types of deliberate causing heavy harm to health.

The article discusses the problems of tax liability's independence and its relationship with other types of liability due to difference of opinions of scientists on the issue. Determained the place of the tax liability in the kinds of legal responsibility.

The bases and order of involvement of court ushers to disciplinary, criminal and civil responsibility according to legal acts of the second half of the 19th century are considered. Features of implementation of supervision of executive production from judicial authorities are lit.

Considers the conditions of the origin of moral responsibility and legal responsibility types of social responsibility in the process of emergence and development of human society. The characteristic of the taboos and customs of the tribal system, the transformation of customs in the common law. In connection with the emergence of religious responsibility is the text of the book of the dead, providing for the afterlife court, which established guilt and punishment of the deceased. The first legislative acts adopted by the government at an early stage of its development, represented the customary laws of the tribal system.

The author examines the issue of legal responsibility in the stage of preliminary investigation on the example of the prosecutor during the preliminary investigation. The author notes the impact of the instability of the criminal procedure law in the activities of the public prosecutor.