No 4 (2014)

In this article principal statements of the law of 3 May 1883, allowed the schismatics a number of rights in civil and religious spheres, are considered. Also the influence of this law on the change of the rules of the Code of criminal and correctional punishments, in particular, concerned particularly harmful heresies, are analyzed.

The article defines social danger of previously not promised concealment of a crime. We have provided legal analysis of previously not promised: harboring a criminal, hiding weapons, drugs and traces of the crime and concealment of property obtained by crime. We have established the criteria by which it is possible to distinguish different species of previously not promised concealment of a crime under Ukrainian criminal legislation.

This article explores the limits of the obligation of the established order of legal proceedings for the various participants in the process. Identifies common patterns in the ratio of compulsory order, the procedural powers of the officials, the rights and obligations of the other participants. Constructed model of the proceedings.

This publication analyzes the causes tightening of legal liability for breach of military discipline and labor in the period preceding the beginning of the Great Patriotic War.

The legal status of minors in the area of intellectual property rights, identify problems existing legislation in this area.

The article deals with acts that violate the private interest at Sudebnik 1550. Determines their nature and significance in shaping the legislative framework relevant period. Indicating their characteristics and effects on the state level.

The article examines the nature of the appeal proceedings, marked its shortcomings existing legislative regulation, the issues associated with changes in the grounds of appeal and review of judicial decisions which have entered into force, sets out the considerations of the consequences of these changes.

In the article norms are analysed rights envisaging civil liability for harm caused by minor and incompetent citizens.

Administrative responsibility plays a leading role in ensuring public order and public security. Legitimacy and effectiveness of the implementation of administrative responsibility dictates the choice and implementation of administrative punishment. The existing mechanism of administrative punishment requires legislative changes.

This article outlines the reasons for which it is necessary to confer for an individual the right to apply to the Constitutional Court of the Republic of Latvia (hereinafter the Constitutional Court) in the following cases: if the court of general jurisdiction, judgement of which in particular situation is final (not a subject to appeal), unlawfully done or refused to do the further law making, or had not comply with the binding case law of the Constitutional Court, and if it violates the human rights or fundamental rights of this person.

Problems in enforcement activities in sentencing for crimes against property, the application of the provisions of the Criminal Code by replacing the sentence to the realization of the principles of differentiation and criminal liability criminal justice sanctions for infringement of property.

Тhis article describes trends associated with the implementation of the principle of freedom of contract. Examines a new approach to the definition of effect or the imperative character of the rule of law.

The article examines the legal liability of the preliminary investigation, on an example of the investigator and head of the investigative authority for the improper performance of their procedural powers. Article substantiates a conclusion about the usefulness as such two kinds of legal liability - criminal and disciplinary.

The article describes the problems of broad judicial discretion in sentencing, discusses the relation of judicial discretion and criminal law principles. The conclusion is that in order to avoid making biased decisions by the judges, the exclusion of the human factor, and possibly to guide novice judges, the creation of a single-item scale of penalties depending on the circumstances of the case considered by the court at sentencing.

The formation and development of elements of the mutual responsibility of representative and executive authority in the regions of country are discussed in the article. Particular attention is also paid to accordance measures of mutual responsibility to balance in the regional state mechanism.

The main priorities of the national security of the Russian Federation are state and public security. One of the main directions of state policy in the sphere of support of state and public security is the improvement of the normative legal regulation of prevention and fight against terrorism and extremism. This is manifested primarily in the introduction of changes and amendments to criminal legislation in the area of responsibility for the crimes of extremist. 

The article deals with some controversial issues of the Russian criminal procedural law connected with determining the nature of inguiry as a form of preliminary investigation.

In this article the appointment of legal definitions, are considered legal and technical requirements for the determination of the number and an assessment of promising options to change the approach to the determination of their location in the codified criminal law.

When developing questions of a state legal mechanism of ensuring personal security it is impossible to ignore a question of a place and a role in it such concept as «responsibility». Legal responsibility is one of the most important guarantees of ensuring personal security.

This article is dedicated to the influence of prince's power on the vengeance institution. First evidences concerning the penetration of prince's power into a field of wreak goes back into the 9th century and deal with cases of privileges breaching of those who were under the aegis of prince's power – druzhina, privileged outsiders (merchants), representatives of Rus' in outer relations. Collisions, connected with the blood vengeance between the locals, for a long time were beyond the administration cares. Method of prince's protection was «vira», raised penalty, which was fined for murdering of privileged categories. Before the beginning of the 11th century, «vira» was fined for murdering of Polyans as well, and that was marking them among other Rus' population.

The article is devoted to the problems of the court and before the court reconciliation development as a tool for the implementation of positive legal responsibility. The prospects of this institute development are assessed; the problems, associated with its use in modern legal practice of the Russian state are noted; the directions of their solution are offered.