The characteristics of the interrelation between the key categories of the theory of state and law – law and human rights in the context of different approaches to law understanding is presented in the article. To achieve positive results of investigation it is required to use system approach to research in order to consider the interrelation between the given terms in process, taking into consideration different conditions affecting their formation, development and improvement.
The issue of the contents and structure of the central composite element of legal system of society – legal knowledge – is in the center of the author’s attention. It is noted that the legal knowledge can be considered as a difficult system consisting of a set of elements and having a certain structure that allows to speak about technological process of the knowledge reproduction, aimed at a certain result. Value of this issue for legal system as a whole and its influence on the practice of competent authorities’ activities are emphasized. Thetechnological structure of legal knowledge is offered.
The ratio of representative democracy and professionalism is analysed in the article and the conclusion about their competition is drawn. The imbalance between legislative and representative activity determines the poor quality of laws. The following ways of legislative activity’s professionalization are proposed by the author: improving the professional competence of legislator, ensuring the observance of professional standards of lawmaking and establishment of the mechanism of legal responsibility for nonprofessional legislative decisions.
The references of the courts to the restoration of the provision that existed before the right infringement and suppression of actions infringing the right have for a long time been a common issue when solving the disputes on the civil rights infringement. The researchers of the issues concerning protection of civil rights state that all ways of rights protection are a part of this universal method and take root in it. However, the civil law theory still has the unsolved issues such as what is the meaning of this universal method of protection, if this method is a single one, what is the legal and technical sense of fixing this common method of protection with some individual ways resulting from it in one Article of the Civil Code of the Russian Federation. The author of the article considers the restoration of the provision that existed before the right infringement and suppression of actions infringing the right in two aspects: as a purpose and as a way of the civil rights protection, which allows to define the meaning and content of each of them.
The author points out the features of legal conditions in intellectual property law. He also analyzes the authorship as a phenomenon reflecting all these features and capable in the same time to possess several ways of being that allows to consider it as a legal condition.
It has long been noted that the increasingly widespread use of various equipment and other sources of increased danger by the mankind leads to the increased adverse consequences. As a rule, they are caused by violation of the rules of design or operation of technical systems. The greatest danger in this respect are crimes of negligence. The current threatening situation dictates the necessity of complex preventive measures, as well as the strengthening of administrative and criminal responsibility of the guilty party.
The article is the authors’ view on the criminal law characteristics of the object as an element of corpus delicti, provided by Article 208 of the Criminal Code of the Russian Federation. The authors come to the conclusion that both organization of an illegal armed group or participation in it have the same object of crime. They threaten the public security which provides the state of security and normal operation of the other objects of criminal law protection.
The article is devoted to the problems of insufficiently effective work of law enforcement agencies concerning the detection and solution of crimes related to the organization or maintenance of drug houses and inducement to use narcotic drugs, psychotropic substances or their analogues. Some measures to improve its efficiency are proposed by the authors.
The article is devoted to the problems of insufficiently effective work of law enforcement agencies concerning the detection and solution of crimes related to the organization or maintenance of drug houses and inducement to use narcotic drugs, psychotropic substances or their analogues. Some measures to improve its efficiency are proposed by the authors.
The article deals with the issues of a non-traditional way of conducting such crime detection action as an interview. The theoretical and applied aspects of the use of hypnosis during the interview in the course of crime solution are analyzed by the authors. The ways of solving the problem of the use of hypnosis in crime detection activities are offered.
The article is devoted to the justification of the doctrine of functionalism in criminal justice. The characteristics of the theory of functionalism proving its full compliance with the general criteria of scientific theory are analyzed by the author.
Basing on the analysis of the provisions of the Criminal Procedure Code of the Russian Federation the author analyzes the problems of criminal procedure relations of the prosecutor with the investigator and the head of the investigative body at the stage of bringing the criminal action. The author presents his own view of the circumstances leading to inefficiency of the procedural interaction between these subjects of the criminal proceedings in light of recent changes in criminal procedure legislation.
The author of the article analyzes the legal nature of a special order of court decision making during conclusion of pre-trial cooperation agreement from the perspective of such legal phenomena as «legal institution», «summary court proceedings», «conciliation».
The author analyzes the gaps in the normative regulation of monitoring and recording of telephone and other conversations, as well as getting information about the connections between subscribers and (or) subscriber units. The author also proposes the ways to improve the corresponding rules of law.
The article presents a retrospective of the domestic passport system. The issues concerning the origin of the passport system in the Russian state and the stages of its development are investigated by the author. Basing on the analysis of the normative legal acts and scientific publications the author draws the conclusions about the causes of the passport system origin, the aims, objectives and principles of the modern passport system
The article deals with the principles of contract system in the procurement of goods, works and services for state and municipal needs. The author analyzes their legislative interpretation and shows some inconsistency of principles which can lead to problems of law enforcement.
The article is based on the materials of the research conducted in the Federative Republic of Germany. It was devoted to the problem of violence against police officers. The characteristic of victims and criminals’ personalities is given. The most typical situations in which the attack took place are described. The mistakes of police officers leading to committing violent acts are called.
The principle of inadmissibility of any interference in private affairs is included in the system of civil law principles of modern Belarus. The author’s attention is focused on the problems of implementation of the called principle. The author comes to the conclusion that it’s necessary to correct its contents and some rules of law and normative legal acts which are contrary to the requirements of the principle of inadmissibility of any interference in private affairs both of constitutional and civil law nature.
Today
Yesterday
This week
This month
All days
Number of views: 631