No 1 (2014)
- Year: 2014
- Published: 31.03.2014
- Articles: 45
- URL: https://vektornaukipravo.ru/jour/issue/view/38
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Description:
Published 31.03.2014
Full Issue
TO THE QUESTION ABOUT METHODOLOGICAL APPROACHES IN THE RESEARCH OF THE SUBJECT OF THE HISTORY OF STATE AND LAW OF FOREING COUNTRIES
Abstract
In this article the problems, connected with the regularities of the origin, development, decline of the states and legal systems, are investigated. In particular, these issues are considered in the context of formation-based, civilized, synergetic approaches and the ideas about the meaning of life.
FEATURES OF PROCEDURAL STATUS
Abstract
The author considers some features of the procedural status of participants in special proceedings; it highlights a number of issues related to the imperfection of the current legislation of the Republic of Armenia. In particular, the law does not define the other person concerned in a particular industry, at what stage and how they can be involved in the case, which are the procedural consequences of their attraction, and so on.
In summary, the author notes that in cases of special proceedings the applicant and other interested parties are independent entities in pursuing the same or separate interests, therefore, it necessary to legally establish a procedure for the involvement of other parties in the proceedings, as well as the possibility of procedural succession for affairs of special production.
TRIAL DEPONATION OF THE PRELIMINARY INVESTIGATION’S TESTIMONIES (COMPARATIVE LEGAL ANALYSIS)
Abstract
In the article there is being discussed one of the most actual problems in the area of criminal procedure – trial deponation of the preliminary investigation’s testimonies. In the article there is shown the comparative legal analysis of the trial deponation institute toward the Project of new criminal procedure code of the Republic of Armenia. The comparative legal analysis shows some areas of the discussed problem in several countries, such as Ukraine, United States of America, Moldova, Georgia, Kazakhstan and others, compares legal utilities of the trial deponation. The authors present various models of the deponation systems, contemporaneously comparing them with the model, proposed in the Project. The final section is devoted to the feasibility of implementing the trial deponation system in the new criminal procedure code of the republic of Armenia.
LEGAL PECULIARITIES OF EVASIONS OF TAX, FEES AND OTHER CHARGES
Abstract
The article is devoted to some peculiarities of evasion of taxes, duties or other obligations under the criminal legislation of the Republic of Armenia. Based on the study the author concluded that the fact of the incorrect calculation of the amount of tax payable to the budget, does not entail criminal liability, if it has been proven that there is an error in the calculations.
Furthermore, the fact of not providing the documents on time, or the inclusion of false information in the documents, does not automatically constitute a crime.
Moreover, if only one type of tax wasn’t paid, it can also be fee or other mandatory payment, the act must not be qualified under the Art. 205 of RA Criminal Code.
TO THE QUESTION ABOUT THE ROLE OF THE FUNCTIONS OF PROTECTION MEASURES IN THE MECHANISM OF PROVIDING LEGAL SECURITY
Abstract
The article is devoted to the functions of protection measures: preventive, regulatory, remedial, security. The author analyses the role of each of the functions in the mechanism of providing legal security, as well as features of their impact on the behaviour of public relations.
THE RATIO OF REGULATORY AND PUNITIVE LEGAL LIABILITY
Abstract
Investigation of the relationship and the ratio of regulatory and punitive functions allows a deeper insight into the essence of the legal institution of legal liability, determine the location of the punitive function of legal responsibility, among other functions, and reveal the unity of the negative and positive aspects of the legal liability.
INTERACTION OF EDUCATIONAL FUNCTION OF LEGAL RESPONSI-BILITY WITH REGULATORY, PREVENTIVE AND PUNITIVE FUNCTION
Abstract
The article examines the problems of interaction of educational function of legal responsibility with preventive, Punisher-Noah, rehabilitation and regulatory functions. Determined by the inter action of educational functions to each of the functions of the legal response of education. Emphasizes the systemic features of the legal responsibility.
THE BINDING FORCE OF THE CASE LAW OF THE EUROPEAN COURT OF HUMAN RIGHTS
Abstract
The article is dedicated to determine de iure and de facto binding force of the case law of the European Court of Human Rights (hereinafter the ‘ECHR’) and its place in the system of legal sources in Latvia. The case law of the ECHR consists of legally important statements, which are included in judgements and decisions of ECHR, namely, of an interpretation of legal norms, made by the ECHR, and of judge-made law norms, which the ECHR has found in legal system by use of a further law-making. The author concludes that the case law of the ECHR is regarded as binding independent addition legal source in Latvia. This publication concerns not only Latvia but also all other member states of the Convention for the Protection of Human Rights and Fundamental Freedoms in respect of type of legal system in these states.
NEW ASPECTS IN THE CONCEPT OF PHYSICAL EVIDENCE
Abstract
The discussion problem concerning identification of material evidence has become very important after the admission of New Criminal Procedure Code of Russian Federation. The author tries to analyze opinions of some scientists who have been researching this case so much. He offers his vision of the problem in the formulation of the concept of physical evidence, and makes certain conclusions about interrelations of two different points of view.
CONCRETIZATION OF GENERAL PRINCIPLES OF LAW IN CRIMINAL LAW IN LATVIA
Abstract
The article is dedicated to one of the methods of further law-making – concretization or fulfilling with content of general principles of law. There are described the theoretical aspects of this legal method and investigated it’s practical manifestation in the judicial decisions in criminal law in Latvia. In the legal system of the democratic rule of law based state general principles of law are legal norms with the highest judicial power and the content of these principles can be defined only with concretization, therefore legality of this method is undoubted. This method is applicable regardless of whether it improves or worsens offender’s status.
TO THE QUESTION OF LEGAL RESPONSIBILITY AS GUARANTEES OF PROTECTION OF HUMAN RIGHTS
Abstract
This article examines the legal responsibility to ensure human rights protection, based on its wide two-pronged understanding. Particular attention is drawn to the certainty of legal responsibility as a guarantee of protection of the rights of the injured party.
THE QUESTION OF THE MEANING OF THE LAW FOR THE RIGHT RESOLVING CONFLICTS
Abstract
For reforms in the socio-economic and political spheres, you must have quality, internally consistent legislation. Today, a large number of regulatory legal acts adopted in Russia does not meet these criteria, resulting in the phenomenon of legal conflict.
TO THE QUESTION OF THE CONCEPT OF OBSERVERATION LEGAL RELATIONSHIP
Abstract
The article examines how the General notion of the relationship, and the characteristics observeration relations. It is noted that the relationship observeration relations with the positive legal responsibility. The author analyzes the existing legislation to identify the model observeration relations.
DISTINCTION OF CRIMES ON THE GROUNDS OF SPECIFIC SUBJECT OF THE CRIME
Abstract
The authors, considering the differentiation and individualization of criminal responsibility, as an essential condition for the execution of the principles of law, conduct research on topical issues distinguishing crimes on the grounds of a special subject.
PROCESS RESPONSIBILITY IN THE SYSTEM OF PROCEDURAL COERCION
Abstract
The article is devoted to procedural responsibility as measures of procedural coercion. The article also describes the main measures of procedural differences liability protection measures and security measures. The authors concluded that measures to negative procedural responsibilities include only those measures that have the purpose of punitive impact on the offender , connected and charged him with additional responsibilities entail restrictions of personal and (or) property.
CONCEPT OF CIVIL LIABILITY
Abstract
During the development of market relations, every day we are faced with the conclusion of various agreements and transactions become participants of civil turnover. That is why each of us is a topical issue and guarantee the protection of civil rights. True definition of civil liability, and the legitimate use of its legal protection measures contributes population.
TO THE QUESTION ABOUT THE CONCEPT OF LEGAL RESPONSE DOES
Abstract
The article analyses the notion of the Institute of legal responsibility. The author proceeds from the fact that the Institute of legal liability is interdisciplinary and has regulatory-protective nature. Proves the reality and the legal nature of the positive legal responsibility.
DEFINITION AND SIGNS LEGAL LIABILITY
Abstract
Legal liability is the most important and effective legal means to maintain the necessary level of stability and security in society, is a guarantee of legality and justice. It is therefore important issue is to determine the precise concept of legal liability.
ON THE LEGAL NATURE OF THE GROUNDS FOR TERMINATION OF CRIMINAL PROSECUTION OF CRIMES COMMITTED IN THE ECONOMIC SPHERE
Abstract
The article considers the problems of legal regulation of the grounds for termination of the criminal prosecution of a crime committed in the tax and economic spheres. Problems identified in the definition of legal grounds for termination and the necessity of exclusion of part 5 St the code of criminal procedure.