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Moscow Juridical Journal

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No 3 (2016)
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CIVIL LAW; ENTREPRENEURIAL LAW; FAMILY LAW; INTERNATIONAL PRIVATE LAW

6-14 108
Abstract
The case of the standards applicable to legal relations of the parties of a connection agreement is decided at court depending on what type of contracts the latter is assorted to. The article considers some current views on the legal nature of the connection agreement covering both theoretical and law enforcement aspects of the problem. It is concluded that the connection agreement has an independent legal nature. The paper highlights the necessity of the development of legislative regulation fixing the conditions of the connection agreement to avoid misinterpretations of its legal nature.

CRIMINAL LAW AND CRIMINOLOGY; CRIMINAL-EXECUTIVE LAW

15-28 670
Abstract
The article considers criminological, social and psychological aspects of murderers’ disadaptation substantiating the relevance of their typology. The typology of murders suggested by the author of the article is based on psychological features and criminal motives of each type. The analogies are made with both real people and fiction characters. The typology can be of practical value in investigating crimes, building investigative leads and questioning techniques, classifying crimes, sentencing and carrying out individual work with the convicted murders during their term of punishment.
29-39 163
Abstract
The article presents socio-demographic characteristics of perpetrators intentionally inflicting grievous bodily harm. The perpetrators are compared by sex, age, education, social status, occupation, and place of residence. The author concludes that the perpetrators of intentional infliction of grievous bodily harm present themselves an extremely difficult social phenomenon that requires serious research to successfully counteract criminality.
40-49 525
Abstract
The article deals with criminological views on criminal personality. The authors analyzed the statistics of the Ministry of Internal Affairs of Russia concerning the offenders committing crimes on the territory of the Russian Federation and indentified the types of criminals - mercenary criminal, violent criminal, repeat offender and others. The features of the most spread types are described and the conclusion is made that offenders are different from each other by many factors the consideration of which cannot be ignored otherwise crime fighting would not be either precise or differential.
50-58 143
Abstract
The article considers some views within the field of Criminal Executive Law studies on various factors influencing the current penal policy of the Russian Federation. Based on the analysis of these views the author makes a conclusion of the necessity of comprehensive research in this area. The article also provides examples of such modern trends in the penal policy of the Russian Federation as humanization of punishment, introduction of alternative punishments, and others.
59-65 95
Abstract
The article considers the issue of the development of the Criminal Law in Vietnam since the early days of the Democratic Republic of Vietnam to the adoption of the first Criminal Code in 1985. The authors highlight that the system of Criminal Law in Vietnam was created under rather challenging circumstances. Most of the legislation acts were adopted during the mentioned period. The attitude towards the new state and newly established social and economic order was protectively regulated by the Decree, Ordinance and Provision of the Council of Ministers. By analyzing the formation process of the Criminal Law of Vietnam the authors pay attention to its flaws and seek possible improvements in modern conditions.
66-72 125
Abstract
The article presents the results of criminological study of the personalities of women convicted of killing their newborn children, with the main reasons for criminal behavior being identified. Special attention is given to pathopsychological features of female child-killers. According to the author the knowledge of the common traits of such offenders and the skills of their identification are indispensable in organizing and implementing effective crime prevention, including infanticide. The conducted research allows to conclude that women’s criminal behavior is frequently caused by many factors, i.e. it can be considered multi-motivated.

УГОЛОВНЫЙ ПРОЦЕСС

73-80 129
Abstract
This article considers some current theoretical and practical approaches to the understanding of the nature of such criminal procedure as detention of a suspect and the accused. It particularly discusses the challenging aspects of the implementation of the provisions of Article 96 of the Criminal Procedure Code of the Russian Federation that regulate the procedure and conditions of notification of suspect’s relatives of the fact of his/her detention. The authors examined the procedure of the fixation of all stages of the detention of a suspect, and formulated their attitude to the application of Chapter 12 of the Criminal Procedure Code to the accused. Legal regulation and practical implementation of these standards were considered and some proposals were made to solve the problems under study.
81-86 152
Abstract
The author continues to explore the issues of persuasion in adversarial criminal process and considers the lawyers’ art of rhetoric as a means of convincing argumentation and effective solution of the problems. Referring to Cicero the author states: ‘Persuasive speaking at court is based on three principles: to prove the righteousness of what we advocate, to get the listeners favorably disposed to you, to direct their thoughts the way it is needed for the case’. It is concluded that without proper training in rhetoric a lawyer cannot become either a good prosecutor or an advocate even if he/she is judicially competent, as at a highly proficient level such duties may be performed only by a professional who combines deep knowledge of laws with the art of public speaking.


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ISSN 2949-5091 (Print)
ISSN 2949-513X (Online)