Comparative legal research of the Institute of indictment under the legislation of Russia and foreign countries

The indictment institute and strongly was included long ago into legal system of our country as the final document. Need and importance of this document was repeatedly discussed by scientific community. This article reveals the attempt to research the criminal procedural legislation of foreign countries in the context of the institute of the indictment. In addition, the detailed survey of the indictment institute in Russian Soviet Federative Socialist Republic is included in the article

THE PROBLEM OF INFRINGEMENT OF COPYRIGHT IN THE INTERNET

In this paper presents the results of an analysis of the situation in the country on the issue of copyright infringement in the Internet

ON THE ISSUE OF CHARACTERISTICS OF THE SUBJECT AND METHOD OF CRIMINAL-LAW REGULATION OF PUBLIC RELATIONS

The article is dedicated to analysis of characteristics of the subject and method of criminal-law regulation. The subject and method of criminal-law regulation are the main categories of criminal law theory. The proper comprehension of the main categories of criminal-law regulation is necessary to solve the problems of criminal legislation as a whole. The author notes the argumentativeness of the problems of the criminal-law theory and makes an attempt to give the answers to some questions, which constitute the subject of the discussion

Comparative legal research of the Institute of indictment under the legislation of Russia and foreign countries

The indictment institute and strongly was included long ago into legal system of our country as the final document. Need and importance of this document was repeatedly discussed by scientific community. This article reveals the attempt to research the criminal procedural legislation of foreign countries in the context of the institute of the indictment. In addition, the detailed survey of the indictment institute in Russian Soviet Federative Socialist Republic is included in the article

Comparative legal research of the Institute of indictment under the legislation of Russia and foreign countries

The indictment institute and strongly was included long ago into legal system of our country as the final document. Need and importance of this document was repeatedly discussed by scientific community. This article reveals the attempt to research the criminal procedural legislation of foreign countries in the context of the institute of the indictment. In addition, the detailed survey of the indictment institute in Russian Soviet Federative Socialist Republic is included in the article

Comparative legal research of the Institute of indictment under the legislation of Russia and foreign countries

The indictment institute and strongly was included long ago into legal system of our country as the final document. Need and importance of this document was repeatedly discussed by scientific community. This article reveals the attempt to research the criminal procedural legislation of foreign countries in the context of the institute of the indictment. In addition, the detailed survey of the indictment institute in Russian Soviet Federative Socialist Republic is included in the article

Current legal organization of judicial evidence and 'independent, objective' judges

The paper proposes a solution to the fundamental problem of Russia’s legal and socio-economic development, which is related to establishing fair (objective and independent) trial. We believe that this problem can be successfully solved by changing the current criminal procedure and developing an adversarial organization of criminal proceedings. The main measures for the institutional judicial reform to achieve this goal were discussed. We consider it necessary to renounce the canons of the Soviet school of investigative criminal procedure and criminal procedural evidence. The main provisions of a new theory of criminal procedural (judicial) evidence, which is being developed in the Nizhny Novgorod school of proceduralists, were outlined. Among these provisions is the concept of judicial truth, the standards of proof of decisions taken in the course of criminal proceedings. Our own view on the process of formation of judicial evidence and facts, which should be taken as the basis for acts of law enforcement, was explained. The projects of judicial institutions responsible for bringing charges and the adversarial model of criminal procedure mechanism of bringing to criminal responsibility were built. In our opinion, the institution of cross-examination and direct interrogation must ensure the rule of judicial investigation over preliminary investigation. Otherwise, it is impossible to create an independent and objective criminal trial

Prohibition as ontological basis of the Russian legal reality

Objective to identify characteristics of the nature content and functioning of prohibition in the legal reality of Russia. nbsp Methods the methodological basis of research is the dialectical approach to cognition of social phenomena allowing to analyze them in historical development and functioning in the context of the totality of objective and subjective factors as well as a postmodern paradigm giving the opportunity to explore the legal reality at different levels. Dialectical approach and postmodern paradigm determined the choice of specific research methods comparative hermeneutic discursive. Results the paper proposes a definition of prohibition as a state socio volitional constraining limiting means that under the threat of legal liability is intended to prevent the wrongful act of the subject physical or legal entity and ensure the maintenance of law and order. Prohibition is a necessary means of ensuring the discipline of public relations and the consolidation of legal values designed to assure the effectiveness of legal regulation. Scientific novelty for the first time the article shows that prohibition as a legal category is the ontological basis of legal reality and acts as a determining factor in the content and focus not only of lawmaking and law enforcement but legal behavior as well. Practical significance the main provisions and conclusions of the article can be used in research and teaching when considering questions about the nature content and functioning of prohibitions

SANCTIONS OF PROHIBITING LEGAL NORMS: NOVELTIES IN LEGAL REGULATION

Objective: identifying changes within the legal regulation of social relations through sanctions of prohibiting legal norms. Methods: formal-legal and comparative legal. Results: basing on the analysis of the current legislation in recent years, the overall trends are shown in the changes of the content of sanctions of prohibiting legal norms. In particular, there are several basic directions of regulatory limits development referring to certain penalties: reinforcement of quantitative parameters in the sanctions content, emergence of some new character of the sanctions, which, according to the authors, can not be considered fundamentally new. In addition, the legislator uses other sanctions if the existing sanctions lose their effectiveness when applied to a particular offense. Scientific novelty: a comprehensive approach is carried out to the study of changes within the legal regulations by sanctions of prohibiting legal norms. For the first time the summary is shown of the relationship of quantitative and qualitative trends in the development of certain sanctions. Practical value: the provisions emanating from the article can be applied in legislative activities to further improve the content of the sanctions of prohibiting legal norms, aiming at more effective impact on the social relations’ participants who commit offenses or are prone to this

Criminal-legal prohibitions in the soviet juridical discourse

Objective to determine the place of criminal law prohibitions in the formation development and functioning of the Soviet legal discourse. Methods dialectic approach to the research of social phenomena which allows to analyze them in historical development and functioning in the context of the unity of the objective and subjective factors as well as postmodern paradigm giving the opportunity to explore the legal reality at different levels including the lawinterpretation one. Dialectical approach and postmodern paradigm have determined the choice of specific research methods comparative hermeneutics discursive formally legal. Results basing on the analysis of normativelegal acts regulating criminal legal relations in the USSR the development of the Soviet criminal law was considered since its emergence to termination of existence. Conclusion on its restrictive nature was made which was in line with the main task of this sector of law ndash the protection of the Soviet system and socialist property from criminal encroachments. The normative regulatory basis of criminal law prohibitions determined the general nature of the Soviet legal discourse which was designed to prove the necessity and expediency of such means of protecting public and state interests in the period of building communism. Scientific novelty on the basis of use of the complex classical and postclassical methods the article for the first time studies the role of criminal law prohibitions in the development of Soviet legal discourse. Practical value the key issues and conclusions of the article can be used in scientific and pedagogical activity while researching the issues of the nature and trends of development of the Soviet criminal law