No 2 (2016)

Full Issue

FEATURES OF QUALIFICATIONS OF CORRUPTION CRIMES WITH BLANKET DISPOSITIONS AGAINST THE SAFETY OF THE ENVIRONMENT (COMPARATIVE LEGAL ANALYSIS)

Ayvazyan A.Z.

Abstract

The article presents crimes against the safety of the environment, considered corruption crimes with blanket dispositions. At the same time it proposes to eliminate “use of official position” aggravating circumstance and enter the change on the part of the disposition, namely, to make the circumstance of bringing to administrative responsibility once in the past year a mandatory feature of the objective side of the offense, and fix administrative disciplinary and prejudice in the General Part of the Criminal Code of RA. Comparative legal study comparing the legislation of foreign states has been conducted on the topic, the differences in legislative securing have been disclosed, and opinions on them arose, presenting legal comments and justifications.

Jus strictum. 2016;(2):7-11
pages 7-11 views

GENERAL CHARACTERISTICS OF LEGAL LIABILITY

Belyaeva Z.V.

Abstract

The article describes the general characteristics of legal liability. To determine the nature of its defined: a base of legal responsibility, which is an offense, whether a crime or a misdemeanor, the signs by which it is possible to determine that refers to legal responsibility, as well as the types of legal liability and its action depending on the nature of the offense.

Jus strictum. 2016;(2):12-14
pages 12-14 views

ISSUES ON COMBATING MONEY LAUNDERING AND TERRORIST FINANCING IN THE NATIONAL SECURITY STRATEGY, SECTORAL POLICIES, PROGRAMS AND LEGAL ACTS OF THE GOVERNMENT OF THE REPUBLIC OF ARMENIA (CRIMINOLOGICAL ASPECT)

Boshnaghyan A.P.

Abstract

Money laundering and terrorist financing, as the transnational nature of the crime, are threats to national security. The article deals with the legislative, institutional and organizational measures preventing these kinds of crimes prescribed by the provisions of the National Security Strategy of the Republic of Armenia and other sources.

Jus strictum. 2016;(2):15-18
pages 15-18 views

THE ESSENCE OF RAIDING IN CIVIL-LAW ASPECT

Valeev R.R.

Abstract

The article is devoted to reveal the essence of the phenomenon of raiding in civil-law aspect. The definition of raiding is given with considering the different approaches to the term “raiding” and its features. Its classification is given, the key types are indicated. Correlation of concepts of “raiding” and “asset-grabbing” is shown.

Jus strictum. 2016;(2):19-22
pages 19-22 views

FEATURES OF INTERACTION OF BODIES OF STATE POWER AND BODIES OF LOCAL SELF-GOVERNMENT

Vorobyova O.A.

Abstract

The article describes the features, forms and spheres of interaction of bodies of state power and bodies of local self-government.

Jus strictum. 2016;(2):23-25
pages 23-25 views

SOCIAL CONFLICT AND STATE-LEGAL REALITY (BASED ON THE MATERIALS OF THE ROUND TABLE DEVOTED TO THE 150TH ANNIVERSARY OF F.M. DOSTOEVSKY’S NOVEL “CRIME AND PUNISHMENT”)

Derevskova V.M., Grigoryev A.S., Izmestyeva E.A., Pinshin P.P.

Abstract

The article is written based on the materials of a student scientific event – the Round table “Social Conflict and State-Legal Reality (to mark the 150th anniversary of Fyodor Dostoevsky’s novel)”. The event took place at the Irkutsk Law Institute (branch) of the Federal State Establishment of Higher Education “Academy of the Prosecutor General’s Office of the Russian Federation” on April 28, 2016. The article considers the nature, causes of occurrence and peculiarities of social conflicts, reasons and objectives in a structure of unlawful conduct and a problem of proportionality in sentencing as well.

Jus strictum. 2016;(2):26-29
pages 26-29 views

LAW ENFORCEMENT AND HUMAN RIGHTS ACTIVITY: CORRELATION OF CONCEPTS

Kainov A.S.

Abstract

On the basis of research, law enforcement and human rights activity are defined as independent types of legal activities. The author analyzes the existing legal literature opinions, highlights the common and distinctive features of law-enforcement and human rights activity.

Jus strictum. 2016;(2):30-32
pages 30-32 views

LAW ENFORCEMENT AND HUMAN RIGHTS ACTIVITY: CORRELATION OF CONCEPTS

Kainov A.S.

Abstract

On the basis of research, law enforcement and human rights activity are defined as independent types of legal activities. The author analyzes the existing legal literature opinions, highlights the common and distinctive features of law-enforcement and human rights activity.

Jus strictum. 2016;(2):33-34
pages 33-34 views

GENERAL AND SPECIAL DEFECTS MECHANISMS OF CIVIL-LEGAL REGULATION OF REAL RELATIONS

Kozhokar I.P.

Abstract

The article deals with the problem of classification of defects mechanism of civil-legal regulation of proprietary relations. Are allocated general and specific defects in the proposed group, as well as the corresponding sub-species.

Jus strictum. 2016;(2):35-37
pages 35-37 views

AN OVERVIEW OF ALL-RUSSIAN SCIENTIFIC AND PRACTICAL CONFERENCE “ROUND TABLE OF JOURNALS “STATE AND LAW”, “LEGAL POLICY AND LEGAL LIFE”, “VECTOR OF SCIENCE OF TOGLIATTI STATE UNIVERSITY. SERIES: LEGAL SCIENCES” ON THE TOPIC: “DISCUSSION OF THE DRAFT OF A LEGAL POLICY CONCEPT IN THE FIELD OF LEGAL RESPONSIBILITY: FROM PRELIMINARY STUDIES TO A COMPREHENSIVE UNDERSTANDING”

Malko A.V., Lipinsky D.A.

Abstract

The article offers an overview of scientific and practical conference held at Togliatti State University on April 12–14, 2016. The conference focused on the discussion of the draft of a legal policy concept in the field of legal responsibility. The article covers critical comments on the draft as well as new proposals that supplement and develop the existing sections of the concept. The article was prepared with the support of Russian Humanitarian Scientific Foundation: project No 16-33-00017 “Complex, Intersectoral Institution of Legal Responsibility: Notion, Structure, Interconnections and Place in the System of Law”.

Jus strictum. 2016;(2):38-44
pages 38-44 views

PLACE AND ROLE OF LEGAL LIABILITY OF PUBLIC AUTHORITIES IN THE CONCEPT OF LEGAL POLICY LEGAL LIABILITY

Malko A.V., Markunin R.S.

Abstract

The article examines the place and role of the legal responsibility of the public authorities. The conclusion is that it is the legal responsibility of the public authorities is one of the means of protection against arbitrariness, maintains the balance in the system of checks and balances and ensure smooth implementation of the rights and freedoms of man and citizen in the modern society.

Jus strictum. 2016;(2):45-48
pages 45-48 views

SANCTION AS THE STRUCTURAL ELEMENT OF LEGAL LIABILITY STANDARDS

Moiseev A.V.

Abstract

The article explores the sanction as a structural element of legal liability. The author concludes that the sanction itself isn’t an implementation of legal liability but presents as normative fixing the implementation of legal responsibility.

Jus strictum. 2016;(2):49-51
pages 49-51 views

EXEMPTION FROM LEGAL RESPONSIBILITY

Nemova E.N.

Abstract

In spite of great quantity of scientific research works regarding the exemption from legal responsibility, both on industrial and on theoretical level, the scientists do not give the common theoretical meaning of this very scientific and legal category. In the article, the author examines the concept and the legal nature of exemption from the legal responsibility. Based on the etymology of word “exemption” and the legal nature of exemption from legal responsibility as a legal promotion the author formulates the definition of exemption from legal responsibility as provided by law (or in definite cases – agreement), the opportunity not to perform the duty of the offender to undergo condemnation, the restriction of the right of property or personal non-property and its realization in case of non-fulfilment of legal duties for the respect and execution of law requirements.

Jus strictum. 2016;(2):52-55
pages 52-55 views

FORMATION AND DETECTION OF INTENT AS THE STAGES OF DEVELOPMENT OF A DELIBERATE CRIME

Panosyan A.T.

Abstract

The article is devoted to the issues of formation of isolation and detection of intent as the stages of development of an intentional crime. The article also addresses issues of delimitation the detection stage intent from the stage of preparation for a crime and the detection of intent from the form of mental coercion (violence) – threat.

Jus strictum. 2016;(2):56-59
pages 56-59 views

PECULIARITIES OF LEGAL REGULATION SYSTEM OF CRIMINAL PUNISHMENTS IN THE RUSSIAN CRIMINAL LAW NOW

Rozenko S.V.

Abstract

The article is devoted to the system of criminal penalties. The author analyzes the concept of the system, determined by the types of penalties and their features, special attention is paid to changes in the system of criminal punishment.

Jus strictum. 2016;(2):60-62
pages 60-62 views

THE SENSE OF RESPONSIBILITY AND THE OBJECTIVITY OF THE LEGAL ORDER

Rudkovsky V.A.

Abstract

The concept of legal responsibility being an exclusively positive feature of the subjects of law is criticized in the article. The determination of legal responsibility by the objective attributes of law as an institutional regulator of public relations is revealed.

Jus strictum. 2016;(2):63-67
pages 63-67 views

INSTITUTE OF CRIMINAL LAW

Savelyev Y.M.

Abstract

The author conducted research institute criminal liability as an important structural element of the system of criminal law institutions. The possibilities of classification of criminal law system. Also, given the definition of the Institute of Law, the criminal liability of the Institute and analyzed the general concepts. 

Jus strictum. 2016;(2):68-71
pages 68-71 views

INDEPENDENCE OF INSTITUTE OF FINANCIAL AND LEGAL LIABILITY

Stepanova V.V.

Abstract

The article examines the Institute's financial and legal responsibility, justified its place in the system of financial law and the system of inter-branch institute of legal responsibility. The definition of the Institute's financial and legal liability. Disclosed are the distinctive features of the other institutions of legal liability.

Jus strictum. 2016;(2):72-75
pages 72-75 views

THE FORMS OF CRIMINALISTIC OPERATIONS OF THE PROSECUTOR IN THE PRETRIAL AND TRIAL PROCEEDINGS IN CRIMINAL CASES AS THE FORMS OF IMPLEMENTATION OF THE CRIMINALISTIC POLICY

Shutemova T.V.

Abstract

We consider the forms of criminalistic operations of the prosecutor in the pretrial and trial proceedings in criminal cases. The Concept of Legal Policy must take into account the needs of law enforcers.

Jus strictum. 2016;(2):76-78
pages 76-78 views

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