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Moscow Juridical Journal

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No 2 (2016)
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THEORY AND HISTORY OF LAW AND STATE; HISTORY OF TEACHINGS ON LAW AND STATE

8-15 72
Abstract
This article is devoted to an analysis of the crisis situation, which has developed in the European Union in connection with a wave of illegal migration and the requirement of David Cameron, the Prime Minister of the UK, to give it special status. The paper considers the reasons that led to such a situation and proposes ways out of the crisis. The author perceives the difficulty in getting out of the crisis especially in the absence of political integration in the European Union, which is impossible without placing a serious limitation on the national sovereignty of member states.

CONSTITUTIONAL LAW; CONSTITUTIONAL LAWSUIT; MUNICIPAL LAW

16-23 114
Abstract
The article examines the place and nature of the relationship of the Central Bank of the Russian Federation with public authorities. The analysis is based on the principle of separation of powers. As a result, the analysis of the issues raised revealed the independence of the Central Bank of the Russian Federation and noted its special status and relations with legislative, executive and judicial authorities. The author considers that the ongoing reforms in the judicial, financial and economic make it necessary further theoretical and practical developments in the field of legal relations.
24-31 64
Abstract
The social importance of citizens for a modern society requires a deeper study of directions related to the development of spiritual values, the actual implementation of laws in the sphere of human rights and the achievement of positive results in the sphere of social support of neediest populations. Studying the question of development of poorly protected type of citizens, particularly people of retirement age, gives a possibility to increase the effectiveness of accepted legal acts in this direction, to actively contribute citizens that need of state support, and to find the newest, best practices and ways of promotion intended to increase the standard of life and public health.

CIVIL LAW; ENTREPRENEURIAL LAW; FAMILY LAW; INTERNATIONAL PRIVATE LAW

32-42 74
Abstract
The article deals with problems associated with the normative and legal stimulation of immigrant skilled workforce inflow in Russian Federation and P. R. China. It presents the arguments in favor of the fact that China’s experience in that area may be beneficial for Russia in solving the problems of staffing of innovative development of the country. The author came to the conclusion that, firstly, the time has come when the norm-setting activities should be focused in the area of labour migration restriction regarding persons who, being specialists, create unnecessary competition. Secondly, at the present time in Russia the target program is necessary, «Recruiting in Russia of highly skilled professionals from abroad, who have Russian origin», which would contribute to recruiting of highly qualified specialists in such fields as innovative technologies, production, advanced areas of science and technology.
43-52 89
Abstract
In the article the author discusses the main issues of legal regulation of state control of business activity in the Russian Federation. The author analyzes the degree of influence of the state on certain relations in different sectors of the economy or market segments, determines the characteristics of the legal provision of state regulation of commercial activities, highlights the direct and indirect methods of state influence on production processes. The article outlines the rights that belong to the bodies that exercise the state control over business activity, as well as over individual entrepreneurs and legal entities.
53-62 91
Abstract
The article is devoted to an actual problem of modern society - the protection of intellectual property rights. Some statistical data of the Internet use in the Russian Federation were offered for consideration. The emphasis is put on the legal status of intellectual property in the Internet. The author analyzes the legislative framework, setting out the content of copyright and related rights and reveals the concept of «Internet Law.» The article suggested improving the protection mechanism and revealed a number of preventive measures. At the same time, the author considered foreign experience of legal regulation and analyzed relevant law cases.

CRIMINAL LAW AND CRIMINOLOGY; CRIMINAL-EXECUTIVE LAW

63-69 179
Abstract
The article describes a new approach to understanding the subject of criminology, and therefore the whole this science in general. Especially important to highlight is the fact that along with the actual subject of criminology the article explores a relatively new notion - circle of its interests. It shows the ratio of private scientific criminological theories to the subject of the discipline, its relationship with other branches of scientific knowledge. The article clarifies questions about the causes of crime and actualizes the need for anthropological, historical, ethnological, religious studies with a deep analysis of the mythology.
70-80 73
Abstract
The article attempted to develop a unified approach to understanding the nature of such concepts as moral damage and damage to business reputation caused by crime. The author considers different points of view to the understanding of these concepts, analyzes the criminal procedural legislation of the foreign states regarding the studied issues and justifies proposals of adding domestic criminal procedure law. In particular, the author suggests to amend article 5 of the code, including the concept of moral damage caused by crime. While speaking about the victim, who sustained non-pecuniary damage, the author means both private person and legal entity.
81-86 94
Abstract
The article considers the problem of constructing a criminal law providing for criminal liability for economic crimes with the special subject. In particular, there is error in the formulation of legislative formulations of economic crimes. For example, it is noted that a possibility to consider part 1 of article 169 and 170 of the criminal code and article 285 (201), 286 of the criminal code as competing is excluded, as the first fall into category of formal ones and the latter - of material ones. Also in the text of the article the author proposed solutions to the problems of legislative settlement of the issues that form the objective side of the crime, the identification of special subjects of the crime, as well as methods for isolating specific subjects.
87-92 66
Abstract
The article examines the impact of a negatively tuned convicts on crime in prison, analyzes various statistics of the motives of their behavior. It emphasized and describes the key characteristics of the different groups of inmates, studies such factors affecting crime in prisons as a high psychological stress, lack of individuality among prisoners, a gregarious lifestyle. The author also analyzes the acts of violence with a strong protest character and comes to conclusions regarding the qualitative and quantitative data analysis.

УГОЛОВНЫЙ ПРОЦЕСС

93-100 79
Abstract
The article is devoted to the rights of minors, which they obtain in the course of pretrial proceedings. It identifies shortcomings of the law, proposes measures for their elimination and suggests to expand the cases of compulsory participation of the defender, mentioning in the code of criminal procedure that the counsel among other issues should be provided to a juvenile witness in cases where he is actually prosecuted. The author studied the rights of legal representative of the minor suspect, accused during interrogation, and developed concrete suggestions for their most effective implementation.
101-108 104
Abstract
The urgency of studying the issue of criminal-procedural relations between the subjects of criminal proceedings in the implementation of a measure of restraint in the form of supervision over the juvenile suspect or accused is determined by the lack of prevalence of this measure of restraint in law enforcement. On the basis of comparative analysis of supervision with other intersection measures that can be chosen in respect of a minor suspect/accused, the article describes characteristics of the criminal procedure relations that arise in the choice, use, modification or revocation of supervision of juvenile suspects (the accused) as a specific action restraint.
109-114 75
Abstract
Currently the Institute of mediation has earned a solid reputation in the application of in Western countries, there is increasing interest to it in our country too. One of the directions of development in recent years have increasingly referred to the introduction in the Russian legal system pre-trial mediation as a compulsory procedure, the compliance with which precedes the appeal to the court. The article considers current state and tendencies of development of system of alternative dispute resolution in Russia. The author gives the analysis of modern Russian legislation in the field of mediation. This paper also proves the need for integration of mediation in the Russian criminal procedure system.
115-123 94
Abstract
The article considers the theoretical foundations of the criminal procedural status of the investigator. The author formulates the concept of criminal procedure status of the investigator and the objective need for a method of unification of its structure to eliminate unnecessary diversity of its elements. Dedicated system elements of the structure of criminal procedural status of investigators researched and arranged by the author in a certain order to create a convenient system to express the normative, scientific and practical use. The article establishes the legal and predictive nature of the proposed structure of the procedural status of the investigator and discloses patterns of the procedural status of the investigator, which need to be accounted and which make it necessary to qualitative normative expression in order to improve the criminal procedural law, the preliminary investigation, to enhance their quality and efficiency.


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