THE LEGAL NATURE OF THE MORTGAGE (THE GUARANTEE) AND ITS DELIMITATIONS FROM THE ADJACENT CIVIL AND LAW PHENOMENON

In this article it substantiates the understanding of the sense of the mortgage (the guarantee) as the complex of the liability law. The absolute (of estate) law relationships apropos of the mortgage (the guarantee) have especially auxiliary significance. And this is why they cannot express the essence of the mortgage (the guarantee).There is an insolubility of the question on the character of the mortgage (the guarantee) in the science. It is caused by this: the discussion on the character of the mortgage (the guarantee) is implementing in principle out of touch of the standards of law, which regulate the mortgage (the guarantee) relationships and out of law relationship, appearing as a result of such regulation or this discussion does not take into account in the appropriate measure the content of the corresponding law statements. The supposed inclusion of the statements on the mortgage (guarantee) in part II of the Civil Code will negatively influence the structure of the Civil Code. We have to differ the mortgage (the guarantee) from the adjacent law phenomenon. In particular the assignment to the mortgagee (creditor on the obligation, which is secured by the mortgage (the guarantee) of the right to satisfy its requirement at the expense of sources, enumerated in paragraph 2 of the article 334 of the Civil Code does not mean that the appropriate rights and law

CONSTITUTIONALIZATION OF THE PRINCIPLES OF LAW AND THEIR IMPORTANCE FOR LEGAL BEHAVIOR

The article analyzes the objective and natural character of the origin of legal principles; the process of constitutionalization of the principles of Russian law and their implementation into the legitimate behavior of the participants of public relations. The authors substantiate that the content of constitutional principles is represented by three main elements: requirement, ideal, and knowledge. The most essential feature of constitutional principles is their ability for the legal expression of the most socially and politically significant values and ideals (legality, justice, humanism, freedom, equality, respect, trust) for an individual, society, and state. Regulatory features and normative significance of the principles of law are obtained as a result of constitutional formalization, and their embodiment insignificant rules of conduct of the state and the citizen contribute to the establishment of constitutional order. Special attention is paid to the content of some constitutional principles: the principle of respect and protection of human dignity; the principle of maintaining citizens’ trust in the law and the state; the principle of respect for the state power

PROBLEMS OF PROTECTION AGAINST CORRUPTION IN THE HEALTHCARE SYSTEM

The Right to health protection is one of the most fundamental constitutional rights. It is subject to criminal legal protection. While the attacks on him appear not only in the form of crimes such as causing harm by negligence (part 2 of article 118 of the Russian Criminal Code), failure to assist a patient (article 124 of the Russian Criminal Code), etc., but also corruption crimes. Corruption threatens the normal relationship between doctor and patient, medical institution and patient, which reduces the quality of medical care. It threatens not only people’s property, but also their lives and health. Manifestations of corruption in health care are different, they are many, and they should all be taken into account in determining measures and means to combat this dangerous social phenomenon. The effectiveness of the fight against corruption in the health sector is largely due to the knowledge of its various manifestations. These problems are the subject of the proposed article

THE ORDER OF PROCEEDING PROCEDURAL ACTIONS AT THE STAGE OF EXCITING A CRIMINAL CASE REQUIRES IMPROVEMENT

The article discusses some issues of imperfection of the criminal procedural legislation regulating the procedure for performing procedural actions at the stage of initiating a criminal case. The authors point out that in certain cases the imperfection of legislation does not affect law enforcement, and in others it creates uncertainty in legal thinking. The question of the possibility of carrying out such an investigative action as seizure at the stage of initiating a criminal case is being investigated, attention is drawn to the absence of the possibility, enshrined in the law, of issuing a decision on the appointment of a forensic examination at the stage of initiating a criminal case. It is proposed to introduce into the text of the law the conditions that determine the expediency of appointing a forensic examination at this stage

TO THE QUESTION ABOUT THE CONCEPT «PROCEDURAL COSTS IN CRIMINAL PROCEEDINGS»

The article is devoted to the issues of formulating the definition of such a criminal procedural concept as «procedural costs». Emphasizing the importance both for science and for law enforcement of clarity and clarity when formulating the definition of criminal procedural concepts, the authors point out that the formulation of this concept present in the current Criminal Procedure Code of the Russian Federation is far from being improved. Having studied the opinions on this issue of the Constitutional Court of the Russian Federation, a number of procedural scholars, the authors propose their own version of the definition of the concept of «criminal procedural costs» with its allocation in a separate paragraph of Article 5 of the Criminal Procedure Code of the Russian Federation.

PRINCIPLES AND PATTERNS OF LEGAL REGULATION OF GENOME-WIDE SEQUENCING IN THE PEOPLE’S REPUBLIC OF CHINA (PRC)

The global genome sequencing market is developing at a very fast pace, and this is happening most rapidly in China. Amid the economic boom, demand for advanced medical services is extremely high. In view of this, the principles and laws of normative regulation of this activity carried out using both legislative and administrative legal instruments deserve attention. For the domestic legislator, the Chinese experience in regulating the use of genetic resources in conducting international joint research, collecting, storing, using and providing external human genetic resources in China, and ethical principles in conducting biogenetic studies will be extremely useful.

THE MAIN APPROACHES TO THE LEGAL REGULATION OF THE PROCESSES OF STORAGE, ACCESS AND DATA PROTECTION OF GENOME SEQUENCING IN FOREIGN COUNTRIES

The development of a general concept of legal regulation of access storage processes and data protection of genome-wide sequencing in Russia should be based on the principles and laws formed not only at the level of international documents, but also the experience of leading countries in this field. In view of the fact that there are no completely identical national legal systems, the absence of universal recipes for the reception of certain legal institutions should be recognized. Analysis of the practical implementation of various approaches and legal techniques used to solve problems in this area will help to avoid mistakes and form key points for creating an optimal model of rational lawmaking, suggest approaches, methods and techniques of regulatory impact that can later be used in domestic legal system

SOCIAL CONDITIONALITY AND PRIORITY AREAS OF FINANCIAL INVESTIGATIONS

The author analyzes economic relations, their content, challenges, threats, contradictions and the role of financial investigations in their settlement. The social conditionality and the substantive part of financial investigations, priority areas of activity and functions are investigated.

SUBJECT OF JUDICIAL EXPERTISE IN THE INVESTIGATION OF OFFICIAL CRIMES

The article raises the problem of the correct determination of the subject of forensic research in the investigation of official crimes and its differentiation between related branches of expert knowledge, the authors note a significant number of forensic errors that arise in preparation for the production of forensic examinations: the formulation of incorrect questions to a forensic expert. The solution of the problem associated with incorrect posing of questions to a forensic expert is given. A pattern is revealed between the method of committing a crime and the determination of the subject of forensic investigations in the investigation of official crimes

TEENAGE CRIME: CRIMINOLOGICAL AND PENITENTIARY ASPECTS

The complexity of socio-psychological processes, general instability, and the moral crisis of society — all this negatively affects society as a whole, including adolescents. Family woes, parents’ asocial behavior, and lack of control over children lead to crimes committed by adolescents. There has been an increase in school crime among both female and male minors. The above circumstances indicate the existence of the problem of prevention of juvenile delinquency, including in prisons