Zhurnal grazhdanskogo i ugolovnogo prava

62-70

Authors: Elena Yu. Antonova, Ivan M. Antonov

The article discusses the object of the crime of sexual orientation. Based on the analysis viewpoints of scientists, as well as the norms of criminal law, the article concludes that the sexual inviolability and sexual freedom are a manifestation of personal freedom and bodily (physical) inviolability of the person. In keeping with the position that sexual inviolability and sexual freedom of the individual is an integral part of the way of sexual relations, the authors formulated its criteria. In addition, the article expressed a critical position unreasonably expansion by the legislator range of offenses against sexual inviolability, to include the number of crimes against public morality in the field of sexual morality.

80-86

Authors: Oleg G. Ershov, Alexandra N. Zhdanovа

The paper reveals the shortcomings of the legal structure of the deposit as a way of ensuring fulfillment of the obligation. The conclusion about imperfection of expression structure of the deposit, the deposit shows contrast from adjacent legal structures, such as advance payment, security deposit and a penalty. The proposed criteria of differentiation, and the imperfection of the legal technique to be considered in the further development of civil law. On the basis of the civil law theory allocated additional features characteristic of the deposit: a written agreement on the advance may be regarded as proof of the will of the parties, which is aimed at the conclusion of the main contract; such an agreement should not be reduced to a civil contract, it is not subject to the requirements of the harmonization of the essential conditions, offer and acceptance; permitted to use the deposit liabilities in tort, in this case, it only performs the function of a payment; depending on whether public relations is used deposit (property or organizational) that is allocated the main functions of the deposit begins to take priority in comparison with others; deposit may be made by a third person instead of the debtor.

98-106

Authors: Safarzoda Anwar Islom

The acquisition of independence and realization of social and political reforms in the Republic of Tajikistan, along with the positive transformations in all spheres of society and the state, led to the emergence and spread of new types of socially dangerous acts that were not previously known in the art of fighting crime in our country, one of the which is considered the legalization (laundering) of money or other property obtained by illegal means. Analysis of current trends in the development of crime linked to money laundering shows her entering the international level, as a result, and the fight against it acquires an international character. Accordingly, the international community recognized the need to take steps to bring national legal systems to combat money laundering in line with international legal norms. The appearance of the existing rules of criminal liability for money laundering in different countries, including Tajikistan, due to the influence of international instruments in this field. For this reason it is necessary to systematically analyze and compare international legal standards with national standards to combat money laundering. The article deals with the legal framework for combating money laundering in international law and problems of its implementation in the Republic of Tajikistan legislation. The author analyzes the international legal rules governing anti-money laundering, determines the order of their implementation in national legislation. It concludes in the work that some of the international law does not correspond to the national legislation against money laundering and one can conclude that if the legislature has ratified but not implemented the international legal norms in criminal law enforcers cannot rely on these standards and solve the problem in accordance with international regulations.