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Published By Tambov State Technical University

2588-0012

Author(s):  
D. N. Shkarevsky

In this article, on the basis of documents stored in the funds of the State Archive of the Russian Federation, the Russian State Archive of Socio-Political History and the United State Archive of the Chelyabinsk Region, the regulation of the penitentiary justice authorities is considered. The aim of the paper is to identify the characteristic features of the regulation of the activities of the penitentiary justice bodies. The number of those convicted by the penitentiary courts for the period of their existence (1946–1956) is revealed. The characteristic features of the regulation of the activities of the penitentiary justice bodies are highlighted. These include the following. Firstly, the delphic language resulting in the lack of clearly defined competence for the penitentiary courts; their functions expanded and narrowed. Secondly, the inconsistency of the regulatory framework manifested in the fact that by-laws passed by the Ministry of Justice contradicted the legislation and limited the rights of the accused and defendants. The practice of the Judicial Collegium for Penitentiary Courts of the USSR Supreme Court was not consistent. The author distinguishes two stages in the development of the competence of prison camp courts. The first one that lasted until the early 1950s was the period of expansion. The second stage was reduction of competence. At the same time, initially the reduction of competence was not common. But, after the death of I. Stalin, this process became widespread.


Author(s):  
E.A. Gunaev

The historical and legal aspects of the administrative-territorial structure of the national autonomies of the South of Russia in the period from the adoption of the Constitution of the USSR in 1977 to the collapse of the USSR in 1991 are investigated. The constitutional foundations, acts of the supreme bodies of state power of the RSFSR on the issues of the administrative-territorial structure of autonomies were analyzed. The legal specificity of the regulation of the issues of the administrative-territorial structure in relation to the autonomous republics and autonomous regions has been revealed. The examples of the regulation of the administrative-territorial structure are given on the example of the autonomies of the South of the RSFSR. In 1990-1991, political and legal processes of sovereignty had a significant influence on the reform of the administrative-territorial division. The specificity of the autonomy of the South of Russia was in the problems of territorial rehabilitation of the repressed peoples and territorial disputes.


Author(s):  
E. V. Popadenko

The emergence, formation and development of the institution of reconciliation of the parties as a means of resolving legal conflicts have a long history. The origins of reconciliation were primarily laid down in rituals, and later were reflected in laws. At the same time, the institution of reconciliation is mentioned in almost all major history law documents - from Russian Truth to the Judicial Statutes of 1864.Thus, the article shows the development of the institution of reconciliation in Russia from ancient times to the end of the 19th century. The traditions of brother-making and refusal of blood feud are replaced by the procedure for apologizing and filing a reconciliation petition. The article shows how the complication of social relations gradually changed the position towards crime – firstly it was perceived as an insult to a person, but with the strengthening of state power it was seen as an unlawful act, violation of the norms established by the state, where the latter is almost always considered the main victim. This, accordingly, affected the change in attitudes towards the institution of reconciliation – from stimulating the rule-maker to the peaceful settlement of criminal-legal conflicts by the parties to the establishment of a ban on reconciliation in most categories of criminal cases.


Author(s):  
S. I. Kirillov ◽  
S. V. Krivosheev

Nowadays legal training and education of students as future specialists and professionals is impossible without studying the basics of anti-corruption. In the modern Russian state this problem is one of the most important and the best way to prevent this phenomenon is to teach students. The paper studies the problems of legal education of students of different specialties in the peculiarities of committing corruption crimes, their prevention, studies corruption contamination of students as future specialists-practitioners, defines the ways of optimal structure of the process of teaching students to counteract corruption offenses.


Author(s):  
V. A. Popov ◽  
A. A. Pudovkin

Home invasion crimes are among the most common and difficult to solve criminal acts. Of particular importance in the detection of thefts of this category is crime scene examination. The authors consider some organizational problems that arise during the crime scene examination in investigative practice, give recommendations for their elimination. The authors also note that in law enforcement practice, when examining a crime scene for home invasion robberies, there are many difficulties associated with the correct and accurate application of the norms of the criminal procedure law due to the gaps in the legislation. Thus, there is no separate rule in the Code of Criminal Procedure of the Russian Federation devoted exclusively to the crime scene examination, the issue of the need to seek the consent of residents when the inspection of the scene of the incident is carried out in the dwelling, as well as a number of other gaps that complicate the crime scene examination in the dwelling is not filled. The authors suggest ways to solve these problems.


Author(s):  
O. P. Kopylova ◽  
◽  
S. V. Medvedeva ◽  
Yu. V. Kalashnikova ◽  
◽  
...  

Possibilities of legal regulation of cyber bullying are considered in modern conditions. Aggressive behavior in the Internet space is gaining momentum in its distribution among adolescents not only in Russia but throughout the world. Cyber bullying is one of the newest, most dangerous, and also depressing emotional states of a teenager in terms of the consequences of the risk they face. The concept of “cyber bullying” is considered; its forms are specified; proposals aimed at neutralizing the bullying that occurs among adolescents in the Internet space are formulated.


Author(s):  
V. A. Mozharova ◽  
◽  
T. M. Lavrik ◽  

Bankruptcy refers to the procedure for declaring an individual or legal entity financially insolvent. To launch this procedure, it is necessary to fulfill clearly regulated conditions concerning the volume of debt obligations, the duration of their default and the insufficiency of assets for the full repayment of creditors' claims. The analysis of the grounds for starting the bankruptcy procedure associated with the mortgage lending procedure is presented.


Author(s):  
M. P. Tishakov ◽  

The relevance of the presented research is determined by insufficient knowledge from the historical and legal standpoint of conducting operational and preventive measures, such as a week (decade, month) of road safety, but at the same time their high significance and effectiveness. In this paper, on the basis of previously unknown archival documents and materials, organizational and legal measures are considered for the first in domestic practice decade of road safety in the territory of Donbass. The attention is focused on the key areas of preparation and implementation of the Decade plan by local authorities and public organizations. The nature of the preparation and implementation of the planned road safety decade plan does not lose its relevance at the present stage. Today, the road safety week has gained international importance and is being implemented with the support of the United Nations. At the regional level, as in the past, a week (decade, month) of road safety is actively being held, while the nature of the activities and their intended purpose, for the most part, have remained unchanged, but at the same time, the urgent problem is the lack of a unified procedure for carrying out these events.


Author(s):  
M. V. Andryiashka ◽  

The article analyzes individual measures aimed at protecting and strengthening the institutions of marriage and family in the Republic of Belarus, in particular, the establishment of a differentiated rate of state duty charged for divorce in both judicial and administrative procedures, as well as the provision of basic and additional term for divorcing spouses to take reconciliation measures. The article is based both on the norms of international legal acts and their interpretation by the authorized bodies, as well as on the norms of the national legislation of the Republic of Belarus and current statistical data. The article draws a number of conclusions: on the non-uniform application of security terminology in relation to the institutions of marriage and family; on the irrational approach to setting the rates of state fees charged for divorce in an administrative procedure; on unnecessary administrative barriers in the form of a two-month term for registration of a divorce in administrative procedure.


Author(s):  
V. V. Bulgakov ◽  
◽  
D. V. Bulgakova ◽  

The term “legal reality” is rarely used in Russian law. In this regard, the relevance of the article is due to the importance of such a phenomenon as legal reality in the framework of lawmaking and law enforcement. The purpose of the article is to analyze the application of the concepts of “law” and “reality” in Russian law, as well as to investigate the category of legal reality in modern legal science in Russia, to reveal the essence of this phenomenon in its various aspects. The possibility of establishing the boundaries of legal reality has been investigated and its components and a way of comprehension have been determined. The methodological basis of the research is the dialectical method of cognizing social phenomena. It has been established that legal reality, being a certain legal space, a regulator of public relations, is a multi-stage pyramid, consisting of consciousness and perception of the individual, certain attitudes, thoughts, as well as the peculiarities of the interaction of state authorities with citizens. Based on the research carried out, the concept of “legal reality” is given.


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