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Moscow Juridical Journal

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No 2 (2012)
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5-12 321
Abstract
Unlike Socrates and Plato who made merely general postulates on state overthrows Aristotle created a system logical and convincingly argued theory. It covered the range of issues which still preserve their theoretical and practical value: the purposes, sources, causes and occasions of overthrows, their characteristic features and kinds, scales and consequences. Special attention is paid to the mechanisms of polis self-guarding and preventing measures among which the author rates justice, law and the system of education as principal.
 
13-17 66
Abstract
The paper considers the political, legal and socio-economic factors that affected Soviet people's negative attitude to the law. The author analyzes the state law-making and law-enforcing practices and highlights the factors influencing the population's legal behavior. The conclusion is made that the legal doctrine realized in the corresponding legal policy was the major factor determining typological features of mass legal consciousness in the 1920s.
 
18-23 96
Abstract
Illegal activity of criminal communities is a part of the organized criminal activity and one of the most dangerous kinds of criminality. Successful investigation of this activity is the major direction of counteraction of the organized crime as a whole. The enacted Criminal Code of the Russian Federation unprecedentedly introduced the legal norms (items 35 and 210 of the RF Criminal Code) providing criminal responsibility for organizing, managing and participating in a criminal community (criminal organization). Unfortunately the absence of accurate formulations both in earlier editions of the law and in the present one leads to complexity while qualifying the organization of a criminal community (criminal organization). This paper deals with the efficiency of 35 and 210 articles application.
 
24-29 127
Abstract
The paper characterizes the theory of proofs in criminal legal proceedings. The philosophical and conceptual bases of the given theory were considered. The proved idea that any event leaves either material or ideal traces becomes an axiom that governs the whole of activity in establishing the circumstances of a criminal case. The authors revealed the features of cognition in criminal case proceedings. It was concluded that criminal legal proceedings should be based only on conformity of the received data to the real circumstances of a criminal case.
 
30-32 60
Abstract
This article describes the features of the individual juvenile offender self-serving both as an object of social ties and influences and as a subject capable of actively targeted, transforming activity. The author analyzes socio-demographic, psychosocial and individual psychological signs reflecting the unity the relationship and interdependence of social and biological components of the individual. The focus is made on the characteristics of the typology of juvenile offenders.
 
33-37 57
Abstract
The present article deals with quite a pressing problem of literary works conformity to formal requirements in order to resolve civil law inheritance disputes. The author's stance is the necessity of suggesting such a classification of copyright objects that could provide the unity of understanding and enactment of copyright law.
 
38-43 107
Abstract
The author of the article compares the procedure of concluding a labour contract for a definite term in the United Arab Emirates and the Russian Federation according to the following criteria: the maximum term of the labour contract; the freedom of entering into a labour contract for a definite term; the possibility of transforming a labour contract for a definite term into an indefinite term labour contract; the procedure and penalties in case of termination of definite term labour contract at discretion of one of its parties.
The author comes to a conclusion that the balance in legal regulation of relations between parties to a definite term labour contract is shifted in employer's favour. Unlike, in the Russian Federation the interests of the employee under definite term labour contract meet more substantial legal protection.
 
44-47 79
Abstract
This article is devoted to the formation of
the regulatory framework of the Russian Federation in
the fight against extremism in general and ultra-right
movements in particular. The article considers the most
important stages in the formation of this legislation and
the process of fighting ultra-right movements in modern
Russia. The author analyzes the existing definition of
extremism in Russia and suggests his approaches to
understanding this destructive phenomenon and struggling
with it.
 
48-52 65
Abstract
The article studies the possibilities of improving
the criminal law regulation of responsibility
for encroachment on consumers interests. The need
is substantiated for obligatory criminal law and forensic
expertise of all legal acts circulated in the sphere
of consumer market from the angle of their corruption
character. The classification of the forms of fraud as a
means of encroachment on consumers property is given.
The author considers the expediency of transfer of a
number of relatively insignificant acts from the category
of crimes into the category of administrative misdeeds.
 
53-57 116
Abstract
The article is devoted to some problems
concerning the activity of state institutions as subjects
of civil law relations. The legislative changes which have
come into force since January 1, 2012 with enactment
of the Federal law No. 83 passed on May 8, 2010 «On
modification of separate acts of the Russian Federation
in connection with improvement of a legal status of state
(municipal) institutions», essentially affected some aspects
of such relationship. The article considers some
norms pertaining to state institutions and their counterparts
in civil law relations.
 
58-62 125
Abstract
The article summarizes the history of
emergence and development of research interest in auricles
and application of the forensic data at personal
identification. The author considers the main systems
of personal identification by using auricle images existing
at present, such as A.V. Iannarellis system, the
Polish system developed by Polish scientists in 1990s
and recently developed M. Nixons system. Based on
the above listed systems of personal identification the
author describes a number of diagnostic tasks and explores
some possibilities of forensic otoscopy.


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