No 1 (2013)
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ROSTRUM FOR YOUNG SCIENTISTS
59-67 159
Abstract
The article analyses different types of adverse consequences of high-risk medical treatment, including medicine taking. The drug safety problem, which is now global, arises due to many reasons including drug use errors. One of the ways of solving the problem is to improve the legislation, both in the field of health protection (to increase the safety of medical treatment) and in the sphere of drug circulation (to ensure patients' access to safe medicines).
ЧАСТНОЕ ПРАВО И ПРЕДПРИНИМАТЕЛЬСТВО
11-17 153
Abstract
Based on the analysis of the current scientific approaches in legal literature the article reveals the ratio of private and public spheres of legal regulation. The author points out close intertwining of these elements determining the conventional criteria suggested for their differentiation and supposes their combined application. The article may be of use for researchers, legal practitioners, lecturers, post-graduates, students of law faculties, as well as for everyone concerned with the problem of private/ public distinction.
18-24 146
Abstract
Based on the analysis of the standards of the current civil legislation, the draft of the Civil Code, review of scientific and educational literature on the subject the present article raises the problem of defining the concept of property and types of property of a legal entity. By the example of the articles of current and designed Civil Code the author shows the discrepancy in understanding the property of a legal entity as a civil law category at the legislative level.
УКРЕПЛЕНИЕ ЗАКОННОСТИ, БОРЬБА С ПРЕСТУПНОСТЬЮ
25-30 150
Abstract
In the adopted Criminal Code of the Russian Federation for the first time in the history of the domestic criminal legislation the norms (Art. 35 and 210 of the Criminal Code of the Russian Federation) were introduced providing criminal responsibility for organizing, managing and participating in criminal community (criminal organization). The absence of accurate formulations in the previous and current laws results in complexity at qualifying an organization as a criminal community (criminal organization). The author analyses the experience of Russian and foreign researchers and formulates his own definition of "criminal community” (criminal organization).
31-33 88
Abstract
The article is concerned with the problem of providing legal protection for crime victims' rights suffered from physical, property or moral offences. More legislative fixing of the rights and duties of the barrister who represents the rights and interests of the victim at criminal court is suggested. Need of combining the procedural statuses of a crime victim and civil plaintiff is justified as they actually coincide at present. Special attention is paid to the problem of expanding the opportunities of victims' and their representatives' participation in criminal prosecution.
34-39 236
Abstract
The detention of the person who committed a crime and causing harm to him, according to the Criminal Code of the Russian Federation is one of the circumstances which exclude criminal acts. Based on the provisions of Art. 38 of the Criminal Code, as well as the decision of the Supreme Court providing an explanation on the application of the article, the author explores the reasons and conditions of validity of causing harm to a perpetrator. The article also makes a distinction between the considered circumstances on the one hand and order execution and reasonable risk on the other.
40-45 116
Abstract
The paper examines the problems of the study of the principles of formation of tactical operations. The author proposes his vision of the system of the principles of formation of tactical operations in which general and specific principles should be distinguished. It is substantiated that the general principles correspond to such principles of investigative activities as legitimacy, scientific validity, morality, balanced development, activity, etc. However, their realization in the implementation of tactical operations is not different from other investigator's activities, while special principles reflect the specifics of design and implementation of tactical operations. To the special principles of the formation of tactical operations the author refers: comprehensiveness, targeting, determination, structuredness, formalization, flexibility and adaptability.
ОТДЕЛЬНЫЕ ВОПРОСЫ ПРАВОВОЙ НАУКИ И ПРАВОПРИМЕНЕНИЯ
46-50 6049
Abstract
Immigration policy is an independent direction of public policy which should be specially regulated by both legal acts of conceptual character and federal executive bodies. The absence of domestic legislation that strengthens the position of migration policies in the overall policy of Russia complicates the question of the competence of individual participants. It seems necessary to fix the regulatory strategy of migration policy and independent role of the migration policy of Russia.
51-58 147
Abstract
This article analyzes an important issue of human rights protection in automated processing of personal data. In order to reach the above objective the author analyzes the problems of forming the system of international and European standards in the field of ensuring and protecting human rights, the legal status and functioning of the media, limitations of freedom of information dissemination through information and communication technologies, as well as the implementation of the relevant international and European norms at the domestic level through their incorporation into the national law.
ИСТОРИЯ И ТЕОРИЯ ГОСУДАРСТВА И ПРАВА. ВОПРОСЫ ПОЛИТОЛОГИИ
5-10 86
Abstract
The author examines some general issues of the concept of mortgage credit and the features of его its legislative provision in different historical epochs identifying the periods of becoming and development and makes conclusions about positive and negative moments of the process.
ISSN 2949-5091 (Print)
ISSN 2949-513X (Online)
ISSN 2949-513X (Online)