№5 (37) : Юриспруденция

CONTENTS

Section: HISTORY, THEORY AND METHODOLOGY OF LAW

E.N.BulychyovLegal associations of court bailiffs under Russian Legislation in 1864–1917 6

The author, in analyzing the provisions of The Establishment of Judicial Settle-ments of 1864, dwells on the status and powers of such legal associations of court bailiffs as Councils and Frankpledge Partnerships. At the end he reviews the modern trends in the service of court decision executions in Russia and underlines the need to consider historical domestic experience in this field.

S.V.Yegoryshev, А.Е.LinkevichFrom the history of collaboration of law enforcement agencies with civil society institutions and population in the Russian Federation 11

The authors review the forms, with their positive sides and drawbacks, of citi-zenry participation in the law enforcement activity during the soviet period of Russian history, and present arguments in favor of the idea that this significant soviet experi-ence should be used nowadays, when the interaction between the Ministry of the Inte-rior and the civil society institutions is being established and strengthened.

V.A.Kochev, A.V.АnfilofyevBasics of territorial government in constituent entities of the Russian Federation 19

The paper reviews the features of unitarian form of government, legal forms of top-down power decentralization in constituent entities of the RF. The authors note that partition of sovereignty in constituent entities is based both on their administra-tive territorial split-up and on territory distribution between municipal units. They also show various government mechanisms in certain constituent entities, underline the problems of legal control in this field and the ways of their amendment.

V.K.SamigoulinDevelopment trends in the modern international law (in globalization context) 25

The paper investigates the influence of globalization on the process of modern international law development, whose regulating sphere is considerably widening. At the same time this process meets with difficulties and controversies, which are also the subject of author's analysis.

А.V.RagoulinOn the question of advocatology and professional criminal defence theory in the system of legal sciences 31

The paper introduces into the Russian legal science views as to the branch of sci-entific knowledge, where advocate proceedings in the criminal process should be stud-ied. It also analyzes the main scientific approaches to the problem and concludes that the modern professional criminal defence theory is at such level of development that it certainly needs to be separated into an independent discipline within the framework of a higher order branch: the science of advocate professional activity, or advocatology.

F.F.LitvinovichLegal nature of a check obligation 42

The author shows that the legal framework of an active pure delegation formu-lated in Roman Civil Law has turned into the core of the newest civil institute - check clearing. The institute of delegation came in demand of the modern private law mostly because the present time sees the expanding significance in the civil circulation of ab-stract unilateral transactions, aimed at cessation and accrual of civil rights and duties, and independent of previous obligation; transactions, where of critical importance is a formal action and not material background; transactions, where abstractedness has gone to the highest limit, i.e. delegation transactions. Freedom of obligational legal claims from the drawbacks of their justifications, secured by the legal framework of delegational promise, turn these legal claims into a special pecuniary value, whose acquisition turn out to be more preferential for a creditor than acquisition with a different justification.

Section: LAWMAKING AND LAW ENFORECEMENT

Т.N.NourkayevaOn certain problems of criminal law enforcement in the sphere of drug trafficking counteracting 47

The paper considers certain issues of the Russian legislation improvement in the sphere of drug trafficking counteracting. In particular, the author subjects to reasoned criticism the current version of art. 228.1 of the Criminal Code of the Russian Federa-tion (CC RF) and certain provisions of the Decree of the RF Supreme Court Plenum of June 15, 2006 and also suggests to add a new article – 230.1 – to the CC RF.

N.A.KraynovaCounterwork against recidivism 52

The author gives a detailed analysis of the term composition and social nature of such notion as crime prevention and discloses her view at a unified comprehensive system that includes a set of measures for ex-convict resocialization and exclusion of their return to crime.

Е.V.YapryntsevMunicipal property administration: problems and trends 56

The paper investigates the problems related to the implementation of the new version of Federal Law «On the basic principles of local administration in the Russian Federation» and particularly the imposed requirement for the municipal units to pass into private hands all the property that cannot be municipal by law. The author ana-lyzes the bulk of links born in this field, relates the hardships sprung up in this par-ticular law enforcement process due to many possessions to be privatized with short deadlocks and underlines that it is essential to further improve the federal laws, which regulate the privatization of rented state and municipal property.

V.D.TyapkinLegal control of popular participation in the safeguard of public order and ways of its improvement 63

The paper analyzes the current practice of legal control in the public non-professional law enforcement activity its drawbacks and ways of their elimination.

R.G.MironovThe main trends of better feedback between law enforcement agencies and penal enforcement system in maintaining of safety and administration of justice 70

The paper reviews the main trends of better feedback between law enforcement agen-cies and penal enforcement system in maintaining of safety and administration of justice and offers the analysis of their common efforts within the system of measures for protection of public rights and freedoms, and protection of society and state from criminal offences.

Е.А.YegoryshevaCollaboration of investigator and agencies of inquiry, government institutions and public units when investigating juvenile gang stealing 76

The paper shows the specific mechanism of collaboration of investigator and agencies of inquiry, government institutions and public units when investigating juve-nile gang stealing. The author underlines the positive character of such collaboration contributing to the effective investigation.

Е.N.ShustikovCriminalistic peculiarities of evidence checkup on the spot in theft cases at metallurgical plants 84

The paper explores peculiar criminalisitc tactical techniques in evidence checkup on the spot in theft cases at metallurgical plants of the Urals Region. After inclusion in 2001 of this investigative action in the Criminal Procedure Code of RF it has been ever widely used in investigation practice and proved successful in the enquiry of many cases of murder, rape, robbery and others.

Section: ABROAD

D.V.PerevalovLegal characteristic of state protection for national security agents 89

The author examines the ways of legal characteristic and legal control of state protection for national security agents. Such protection is suggested to be considered as provided by the current rule of law system of measures aimed to support the effi-ciency of agents' operations, their safety and social protection as well as safety and social protection of their relatives. He concludes with presenting a system of state pro-tection measures for national security agents based on legislation provisions.

I.S.YatsoutaOn the need of legislation improvement in the Republic of Belarus regarding the responsibility for illegal export of export control items 97

The paper offers a comparative analysis of criminal and administrative legislation in Belarus, Ukraine and Russia, which concerns responsibility for illegal export of export con-trol items. Considering the revealed divergences the author notes a deficiency of norms and legal provisions in Belarus as far as the matter in question is concerned and emphasizes the need for administrative responsibility for the breach of export control rules and for better definition of material element of offence in art. 229 of the Belarusian Penal Code.

Section: YOUNG SCIENTISTS

А.А.IskhakovaHistorical experience of clemency in Russia 106

The author investigates the practice of royal clemency in Russia in chronologi-cal order, the evolution of clemency institute and the views of criminologists E.Y.Ne¬mirovsky and N.S.Tagantsev on clemency and its forms.

А.S.Masalimov, Т.S.MasalimovAbuse of law by the Russian Empire police in maintenance of public order (1900–1917) 112

Stability of public institutions is safeguarded by the popular respect towards their actions. It may only be gained by law compliance. The attitude of population to the Russian Empire police behavior was extremely negative and that was one of the basic prerequisites for the collapse of Russian state system in 1917.

Section: YOUNG SCIENTISTS

S.D.SafinaGovernment internal loans as a source of nontax budget receipts 121

The paper deals with the budget receipt definitions and classification. It is mainly focused on legislative provisions on nontax receipts with particular emphasis on receipts from government loans and their mode of display in budget receipts.

Section: RESEARCH

Лившиц Л.В.The lawyers of VEGU Academy in scientific quest 129

Bosova E.N.Critical review of the monograph by E.S.Shougrina “Control over the authorities and their responsibility: municipal level”. 136