№5 (43): Юриспруденция

CONTENTS

Section: HISTORY, THEORY AND METHODOLOGY OF LAW

T.V.DuranThe essence of state legal norms and practice of their design 4

The article analyses the existing norm-making practice in Russia and the problems in this domain. The author shows the nature of prescriptive dispositions as imputed objectives, and that permits to use such methods as objective tree and opinion polls for norm design.

Y.V.ZoubovaThe values of legal culture in the context of socio-cultural development of contemporary Russia 12

The paper reveals the content of values of both general and legal cul-ture in the time of Russia’s transition to the new socio-cultural paradigm complying with the objective to build a new law-governed democratic state.

F.F.LitvinovichTheoretical view on continuity in law 19

The paper is an endeavor to show that continuity in law understood as a relation between the old and new development stages of the law is a one-dimensional, simplified and linear model of continuity bond that is in-capable to express the most general features of law development process. The author views continuity in law as uninterrupted process of old experi-ence reapplication in the contemporary legal and state foundations crea-tion. He concludes with the necessity of precisely this understanding of con-tinuity in law in implementing the reform of state and legal institutions.

V.C.SamigoullinOn legal consciousness deformations 33

The paper does not pretend to go beyond a definition to the complex and topical problem of legal consciousness deformations and offers their classification. The author advocates his view that legal consciousness de-formations do not limit only to legal nihilism.

Section: LAWMAKING AND LAW ENFORECEMNT

Е.V.BalashovPurchase and sale of land shares 46

The paper investigates procedures for land share purchase agree-ment on the basis of contemporary land and civil legislation and theoretical developments regarding juridical concept of joint shared property.

A.S.BourtsevOn qualifying uncertified security-related crimes in terms of Art. 186 CC RF 51

The paper focuses on the issue of securities in uncertified form. The author judges that conclusive decision on the possibility/impossibility of qualifying the uncertified security-related crimes in terms of Art. 186 CC RF depends on selection of relevant theoretical concept of property rights on the items protected by the civil law and its introduction in the Russian legis-lation currently in force (both civil and criminal).

R.G.MironovRights, obligations and legitimate interests of criminal suspects and accused 59

The paper deals with the main rights, obligations and legitimate in-terests established by the legislation of the Russian Federation for the citi-zens, who committed a criminal offence and stay in pretrial detention cen-ters of correctional system and temporary containment cells of the Internal Affair Agencies. Multiple cases of violation thereof are being recorded.

S.L.NoodelOn criminal responsibility for the theft of excise duty labels, special labels and forgery-proof conformity marks 71

The paper examines the problem of subsumption for theft cases of excise duty labels and special labels to be punished under criminal law, i. e. it gives the comprehensive legal characteristics of components of such crimes, which fall under p. 3, art. 325 of the RF Criminal Code, with due account of their spe-cific features. Moreover, the author has revealed a series of loopholes and con-flicts in this article as now in effect and in order to optimize the criminal legis-lation he suggests and gives his arguments for the modifications of this norm.

А.V.RagoulinParticipation of defense-counsel in identification parade 82

The paper explores the problem of procedural regulation of identifi-cation parade at the phase of pretrial criminal investigation, analyzes typi-cal contraventions of the criminal Procedure Code of RF committed by those conducting such investigations and reviews certain tactical aspects of a defense counsel participation in identification parade.

R.R.RakhmatoullinThe institution of provisions for unimpeded and reliable proof of facts in a criminal case 92

The paper presents the suggestion of norms for a legal institution of provisions for unimpeded and reliable proof of facts in a criminal case, which should be formed to establish an independent regulatory measure for a certain domain of relations regarding the resistance to crime disclosure and investigation.

V.D.TyaptinOn certain issues of popular participation in the safeguard of public order 103

The paper analyzes the objective prerequisites for the participation of citizens in the safeguard of public order both in individual and collective form; it offers the evaluation of existing legal basis for such participation and outlines the way of its improvement.

V.V.FefelovSocial adaptation of the accused minors staying in pretrial detention centers 112

The author presents his view on the adaptation process of the ac-cused minors staying in pretrial detention centers in criminological, social and psychological context. He offers the definitions for the notions of per-sonal adaptation, socialization and resocialization.

M.L.Shakirova, A.M.BikkoulovaCertain topical questions in introducing the principle of priority of family upbringing in the public policy 118

The article deals with the legal control in the accommodation of children deprived of parental care. The authors analyze various regional practices of upbringing in families: adoption, guardianship, foster and patronate families.

Section: ABROAD

R.F.GaripovFormation of antimonopoly system in the USA (late XIX – first third of XX c.) 126

The article relates the purview and enforcement of antimonopoly legis-lation in the USA in late XIX – first third of XX century, the basis of which was Sherman Antitrust Act of 1890. Separate attention is given to T.Roosevelt pe-riod: in 1903 an important precedent was created in applying sanction to-wards law-breakers – split-up of major companies in several smaller ones.

А.А.IskhakovaClemency in foreign criminal law 133

The article offers a comparative legal analysis of the current criminal law in the countries of the Commonwealth of Independent States, which permits to see the differences and similarities in the approach to the legisla-tive regulation of the institute of clemency.

Section: YOUNG SCIENTISTS

A.V.VeritelnikovaInteraction of legal and political norms in contemporary society 141

The paper analyzes the common features and differences of legal and political norms and their interaction in contemporary society.

Е.Yu.SemyonovaRealization of adversarial principle in the process of averment in civil legal proceedings 146

The article explores the functioning of adversarial principle in the process of establishing the facts of a case. The rights of the sides in the process of averment in civil legal proceedings are under examination.

А.B.SobolOn financial and legal responsibility 153

The paper examines the order of financial operations on the federal and municipal level, the disregard of which impairs the interests of the whole society and thus results in legal responsibility. The author analyzes the application mechanism of legal responsibility employed by the govern-mental authorities and specifies the features of separate stages thereof.

V.S.YadykinProblems of forensic expert contribution to crime prevention andthe ways of their solution (case study: legislation of Kazakhstan Republic) 157

The paper deals with the problems of forensic expert contribution to crime prevention and the ways of their solution on the basis of study and analysis of regulatory and legal background and scientific guidelines pre-pared by specialist in expertise and forensic enquiry.

Section: PERSONAL DAYS IN HISTORY

Oleg Yemelyanovich Kootafin 161

Section: RESEARCH

Bosova Е.N.Scientific research in the Institute of Law of VEGU Academy 164

Grousheva G.V.Critical review of the monograph by M.V.Baglye “Presidents of the Russian Federation and United States of America. Role, election procedure, powers” 170