No 4 (2015)

In article features of the organization of management of the city communities of the Western Russia which had the Magdebourg rights in the 16th–17th centuries, system of the collecting and duties assigned to members of city communities are considered.

On examples of criminal cases yandled by the courts of the Republic of Adygea, the author considers the problem of division of the multiple offenses and the continuing crimes during the qualification of the corruption crimes.

The article deals with the formation of the institute of mortgage. The author examines regulations fixing certain stages of development of the mortgage in Russia.

The article deals with notion interaction operatively-search and investigative authorities on the stage of making of the preliminary investigation. Defined the foundation of the demarcation activity operatively-search and investigative authorities, and called conditions for the implementation of joint activities, in accordance with the Criminal Procedure Code of the Russian Federation. Defined main groups of problems of interaction of operatively-search and investigative authorities, due to differences in the targets of their activities and their methods. Considered the problems of the organization of joint planning of investigative actions and operatively-search activities, focuses on planning actions of investigative-operative group. Considered the problems of the tactics of the joint activity of investigative and operatively-search authorities, the problem of overcoming the various forms of counteraction to investigation of crimes. Highlighted the problem of psychological compatibility of officers of operatively-search and investigative authorities. According to a study made brief conclusions and proposals to improve the joint activities of operatively-search and investigative authorities.

In the article methods of legal impact to civil procedural legislation based on the views and research ideas proposed in the Russian legal science. Each method of influence is unique and it gets specific expressions in various branches of Russian law. Permission, prescription and prohibition find a place in the legal regulation of civil procedural relations, as demonstrated by the example of the rules of civil procedure. In the modern procedural legislation the permissions get priority that caused by the extension of optionality and competitiveness of the parties. The author substantiates the position, indicating a need in the reform of procedural legislation for the enhanced use of regulations and prohibitions. It is noted that the court supervises the process, and consequently requires certain means of legal impact on the parties of the civil procedural relations. Convincingly proved the need to distinguish between the concepts of “method of legal regulation”, “method of legal impact”, “remedies of legal impact”.

In connection with the humanization of the penal system as the priority of the Russian criminal policy, a number of amendments were introduced in the current criminal legislation for several years that indicate the expansion of the scope of application of punishments which are not connected with isolation of the convict from society. The article describes the characteristics of forced labor from the perspective of criminal and criminal-executive legislation, identifies the problems caused with their implementation.

In article the general processes of distribution of the city law in the cities of the Western Russia and its following receptions in the Moscow state are considered. Questions of formal structure and the content of the Magdebourg right in the specified context are brought up. Actual perspective problems of their research are defined.

The questions of the tactics of interrogation of the accused by the public prosecutor under adversarial proceedings are considered.

In article some features of the organization and activity of court in the cities of the Western Russia which in the 16th century had the Magdebourg rights are considered. The problem of identification of legal bases of activity of court in the considered city communities is put.