No 2 (2014)

The article discusses features of the obligations arising out of contracts for the provision of audit services and accounting services.

Examines the issues of observance of the rights of minors witnesses and victims are female in the production of interrogation. Analyzes shortcomings in the activities of the investigator in the manufacture of such investigative actions involving juvenile victims and witnesses. Provides practical recommendations to improve the tactics of interrogation.

After 1991, all the countries that were part of the USSR, declared their independence, and thus began a new stage in the history of political relations of the region. The construction of such relations was accompanied by numerous contradictions, challenges and even tragic events. This process has shown itself in the construction of Azerbaijan's foreign policy, and at the same time has not spared the process of forming diplomatic relations with the Turkic world , make their first independent steps.

Criminal-procedural legislation is being improved, collection of evidence  is in a stage of excitation of criminal case, by statistic data  decisions are often wrong, objections forensic psychiatric expert examination.

In this article discusses a number of aspects related to errors in jurisprudence and formulate appropriate conclusions that characterize this complex phenomenon.

In this paper we research an inquiry in its abridged form with a view to the dispositive principle expansion and guaranteeing of made on its basis adjudication reliability. We come to the conclusion about the mismatch between an inquiry in its abridged form and justice requirement and substantiate it.

The article discusses the features of composition and graphic design penal provisions of the Special Part of the Criminal Code of Ukraine. Reviewing the use of paragraphs, and punctuation mark, such as commas and dashes in criminal law texts. Proposed amendments to the articles of the Criminal Code of Ukraine.

The article is aimed to create a general impression about the political power of IRI, about separation of power, about structure of executive power, and to analyze the specifics of presidential institute. In the current article, the next questions are studied: separation of power in the current Constitution of IRI, the status, limits of rights and competencies of the President as a head of executive power, separation of competencies between President of Iran and religious leader of country, position of President in the system of power, separation of power in IRI, the comparative analysis of President’s status with statuses of Presidents in other countries of world. 

This paper examines characteristics of the objective side of the constitutional violations are reported to the lack of legal regulation in the sphere of its legalization

The article deals with the legal status of the individual nature of the criminal proceedings in general and in particular. Particular attention is paid to the rights and duties of the subjects of criminal procedure relations, in terms of equality before the law and the courts. It is concluded that the rights of the accused and the victim's right to be equal in proportion in terms of each of these opportunities effectively protect and promote their interests.

Article is devoted to ensuring the rights of the victim in a special order of the trial on consent with the indictment, at the conclusion of pretrial agreement on cooperation in the procedure of abbreviated inquiry. On the basis of defining the essence of compromise procedural constructions, the author concludes that the procedures provided by Chapters 40, 40.1, 32.1 of the CCP, the legitimate interests of the victim are not taken into account fully and makes thereby the proposal to increase the victim's measure of rights in these compromise structures.

The article deals with current theoretical and applied problems of the legislation of the state protection of participants in criminal proceedings in the investigation of organized criminal activities.

This article examines a number of issues related to improving the procedural situation of juveniles in criminal proceedings modern Russia. It examines recent changes in the criminal law. The legislative strengthening of the conceptual foundations of the new regulatory model of criminal proceedings involving juveniles is offered.

In article a number of features of protection of the rights of the person in which relation manufacture about application of forced measures of medical character is conducted is considered. Among them: specificity of a legal regulation of the specified kind of activity; special criminally-remedial mode of production on the given category of affairs providing a number of additional guarantees for protection of the rights and legitimate interests of the person in which relation manufacture about application of a forced measure of medical character is conducted, etc.

Analysis of the positive and negative aspects of the new edition senior 191 of the code of criminal procedure for FZ-432 from 28.12.2013, "On amendments to certain legislative acts of the Russian Federation in order to improve the rights of victims in criminal proceedings".

The article analyzes some disputable moments in qualification issues and law enforcement of the articles 195-197 of the Criminal Code of Russian Federation. Offers suggestions for corrections of these articles to raise the effectiveness of their enforcement.

Explores the issues of application of the norms regulating the grounds for exemption from criminal responsibility in connection with reconciliation of the parties. Discusses the problems of implementation of provisions of criminal and criminal procedural legislation on the criminal case in connection with reconciliation with the victim. Proposals on the development of the mechanism of conciliation procedures, for the purposes of criminal proceedings.

This article gives the definition of «crimes in the field of banking activities» on the basis of the analysis of different points of view of scientists and criminal laws of the Russian Federation.

The author investigates statements withdrawal  and rejections of the advocate  in criminal proceedings. The  question of its reference to the rights or duties of the lawyer   is very debatable.  Concluded that the statement of  withdrawal - a procedural duty of advocate, while retraction statement - his right.

This paper presents data on the species existing in the Special Part of the Criminal Code of the Russian Federation models sanctions and the approaches to the definition of the optimal model of sanctions depending on the category of crime.

The article reveals the content of the new criminal punishment in the form of forced labor, and also issues of its application in practice. The author gives a comparative description of a new sentence, the penalty of restriction of liberty provided for in the original version of the criminal code. Thus the conclusion is that according to its content and purpose, the punitive elements of these two penalties are almost identical.

The paper Considers relevant to law enforcement practice and science of criminal law issues in the establishment and evidence of criminal intent to commit fraud in the sphere of economy. the author provides examples and the algorithm of proof subjective aspectof a crime

We investigate the problem of ensuring the rights of the person to whom the crime harmed in the initial stage of the criminal process. Turns out the possibility and necessity of the recognition of this person a victim from the moment of acceptance from his statements about the crime, and analyses about this point of view in the science of criminal process.

In this article the problem of ensuring the rights of the individual in pre-trial proceedings, particularly at the stage of a criminal case. Substantiates the need to clarify and supplement the legal status of persons involved in the test before the criminal case, including a specialist, which is important for practical needs.

On the basis of published pre-revolutionary, Soviet and modern jurisprudence author makes suggestions about the direction of the criminal procedural law in order to fully establish the subject of proof in criminal cases involving juveniles .

The article is devoted to proof questions in the simplified form of pre-judicial production – the reduced inquiry (гл.32.1 by the Criminal Procedure Code). On the basis of the analysis of admissible ways of verification of the message on a crime and opportunity not to make other investigative and procedural actions at a stage of the reduced inquiry, the author investigates questions of expediency of carrying out separate procedures, on this basis draws a conclusion about opportunity to reach a basic purpose of the simplified inquiry – to accelerate process of investigation of criminal cases.