Law

Criteria for the Classification of Legal Principles: Substantive, Normative and Functional Approaches

Introduction. In article various approaches to classification of the principles of the right from positions of constitutional and legal regulation are considered. Theoretical analysis. On the basis of the analysis of various points of view the author comes to a conclusion that use of subject, standard and functional criteria to classification of legal principles is possible. The first is the cornerstone of traditional classification of the principles of the right depending on the sphere of their action or distribution. The second represents attempt to differentiate legal principles depending on a source of their standard fixing. The author considers a question of validity of legal principles. The principles of the right in difference from norms – rules of conduct don’t assume a binary way of permission of the competition between them in favor of one of them. Possible collisions of legal principles are resolved on the basis of search of balance of various imperatives. Results. On the basis of stated in article differentiation of the principles of the right by function – system and tool is offered. The first are emerdzhentny characteristics of legal institutes, branches of the right and the system of the right in general (depending on their level) and make impact mainly on the system of the corresponding precepts of law (principle beginning). The second function in legal system as direct criteria of law-enforcement activity and act as determinants of such activity (the principles – rules of conduct).

Equality of Floors in the Sphere of Family Relationships

Introduction. The article is devoted to the complex analysis of the constitutional legal regulation of the equality of rights and duties of men and women in the sphere of family legal relations. Discussion. The author analyzed the constitutions of the Soviet period with the aim of establishing the existence of a guarantee for the protection of the rights and interests of fathers (men) subject to gender discrimination. The author notes that certain advantages provided by the state, aimed at equalizing the legal status of men and women, apply only to women. It does not take into account the interests and rights of men who, as a result of providing women with appropriate benefits, may be violated, which can lead to discrimination against men on the basis of gender. Conclusion. As a result of the analysis of the constitutions of the Soviet period, the author comes to the conclusion that despite the fact that the Basic Laws of the Soviet period enshrined the principle of gender equality, they did not contain a guarantee of protection of the institution of paternity (with the exception of the 1978 RSFSR Constitution). The Constitution of the Russian Federation demonstrates a new approach to the family, highlighting both motherhood and paternity. The author notes that at present men are not provided with an actual guarantee for the state protection of the interests of paternity. Paternity is not included in the sphere of state policy, which leads to gender asymmetry in the status of mother and father in society. This is confirmed by the absence of an appropriate law aimed at regulating the relations of motherhood, paternity and childhood; not by establishing a guarantee of protection of the institution of paternity at the constitutional level.

Criteria of Scientific Character of Legal Knowledge and Practice of Their Application

Introduction. The complexity of the objects of legal influence, the enrichment of the theory due to the increment of new knowledge from non-legal spheres raise the question, firstly, about the demarcation of legal knowledge in the Humanities, secondly, about increasing the requirements for the accuracy of the object-subject area and the methodology of legal research, thirdly, about the formalization of legal phenomena in legal practice, finally, about the evaluation of the results of the research, in terms of their practical utility, social relevance. These issues cannot be solved without the application of scientific criteria of legal knowledge. The purpose is to identify a set of scientific criteria necessary and suitable for the standardization of legal knowledge. Theoretical analysis. It is necessary to form a system of disciplinary scientific criteria in law as a tool for assessing legal knowledge, which has a number of features (in particular, state-legal phenomena are complex unique systems, the analysis of which necessarily takes into account political and historical factors, worldview preferences of the researcher, the choice of research methodology, etc., and this increases the subjective moment in their assessment). This fact does not always allow uniform application of universal criteria for the standardization of legal knowledge. Conclutions. The problem of establishing the boundaries of the formalization and materialization of the state-legal phenomena is solved by applying a set of criteria of scientific character, allowing, first, to state the scientific significance of the objects of knowledge, and secondly, to withdraw the legal phenomena of abstraction (the sphere of tacit knowledge) into an object-subject area and give them a categorical status.

The International Standards of Restriction of the Rights and Freedoms of the Person and Citizen and Their Value for Law-making and Law-enforcement Activity in the Russian Federation

Introduction. The constitution of the Russian Federation allows 1993 possibility of restriction of the rights and freedoms of the person and citizen. One of conditions of establishment of restrictions of the rights and freedoms of the individual is their compliance to international human rights treaties. The main international documents in the sphere of human rights are the Universal declaration of human rights of 1948, the International Covenant on Civil and Political Rights of 1966, the International Covenant on Economic, Social and Cultural Rights of 1966, the European convention on protection of human rights and fundamental freedoms of 1950. The specified international acts of human rights of universal and regional character fix not only the list of the rights and freedoms, but also standards of their restrictions. Purpose. The purpose of article is identification and the analysis of the international standards of restriction of the rights and freedoms of the person and citizen, and also determination of their value for law-making and law-enforcement activity in the Russian Federation. Results. The analysis of the main international acts of human rights allowed to reveal the international standards of restriction of the rights and freedoms of the person and citizen: restrictions have to be set in definite purposes; restrictions have to be set only by the law; restrictions have to be proportional (are proportional) to those purposes for the sake of which they are entered; it is impossible to limit the rights and freedoms of the person because of a floor, races, skin color and other signs; some rights and freedoms can’t be limited under no circumstances (freedom from slavery and a servitude, the right not to be exposed to tortures, etc.) ; for restriction of the right for life and the rights for freedom there is an exhaustive list of the bases; restriction of the rights of representatives of administration, police officers, the military personnel, foreigners is admissible; in the conditions of state of emergency concerning some rights and personal freedoms additional restrictions can be introduced, concerning the separate rights and freedoms additional restrictions are inadmissible, not limited (absolute) rights and freedoms keep the action. Conclusion. The conclusion that value of the international standards of restriction of the rights and freedoms of the person and citizen for law-making and law-enforcement activity in the Russian Federation consists in the following is drawn: they have to be considered when developing the federal laws setting restrictions of the rights and personal freedoms irrespective of branch accessory of laws; they specify the content of the standards of the Constitution of the Russian Federation concerning restrictions of the rights and freedoms of the person and citizen; they have to be used by courts at justification of decisions and sentences; they are used by the Constitutional Court of the Russian Federation as additional criteria at an assessment of constitutionality of the operating restrictions of the individual and collective rights and freedoms; they play a role of limits of admissible restrictions of the rights and freedoms.

Constitutional Prohibition of Censorship in Decisions of the Constitutional Court of the Russian Federation

Introduction. For a more thorough understanding of Part 5 Article 29 of the Constitution of the Russian Federation, it is necessary to take into account the positions of the Constitutional Court of the Russian Federation on the content of the constitutional prohibition of censorship. Purpose. To carry out the systematization and generalization of the legal positions of the Constitutional Court on problems related to the implementation of the constitutional prohibition of censorship. Results. Decisions of the Constitutional Court of the Russian Federation devoted to the correlation of the prohibition of censorshipand restrictions on freedom of the media are classified into three thematic groups: 1) censorship and restrictions on freedom of the media in order to protect morality, 2) censorship and protection of honour and dignity of the individual, 3) censorship and restrictions on the freedom of information dissemination provided by legislation on countering terrorism and extremism. The Constitutional Court of the Russian Federation states that restriction on freedom of speech, freedom of mass information should not lead to the loss of the factual content of these freedoms. This restriction should use not excessive, but only necessary measures. The explanations of the Constitutional Court of the Russian Federation of the criticism of political organizations, ideological and religious associations; of statements about the possibility of judgment and reasoning, using the facts of interethnic, interfaith or other social relations in scientific and political discussions and texts; of the need to distinguish the dissemination of information discrediting honor, dignity, business reputation from the discussion of the activities of politicians and officials, are aimed at preserving freedom of the mass media. Conclusions. Proposals are made to change the words of the dispositions of Article 3.1of the Federal Law dated July 25, 2002 No. 114 Federal Law “On Countering Extremist Activity” and Part 1 Article 152 of the Civil Code (Part One) of the Russian Federation dated November 30, 1994 No. 51 Federal Law, aimed at legislative consolidation of the positions of the Constitutional Court of the Russian Federation.

Accounting the Accuracy of Measurements in the Conducting Forensic Research of Cold Bladed Weapons

Introduction. The main issue solved during the forensic research of cold bladed weapons is the establishment of the object’s belonging to the category of cold weapons. In this case, the measurement of the hardness of the blade is one of the main features, which determine the belonging to the cold weapon. Theoretical analysis. Analyzed compliance of the techniques of establishing the object belonging to a cold weapon to the requirements of metrological norms and rules. It is shown that conducting measurements is an important stage in the production of forensic examinations, and the correctness of the performance of measurements largely affects the correctness of the conclusion. Discussion of results. It is determined that the existing methodology is in contradiction with the existing metrological rules and the ways of overcoming these contradictions are indicated, namely, an algorithm for taking into account accuracy in measuring the hardness of the blade is proposed.

Firearms of Limited Damage on the Basis of the Tula Tokarev (TT) Pistol and Features of the Deposition of Shot Products on Obstructions of Non-biological Origin when Fired from Close Range

Introduction. One of the types of limited-fire barreled weapons (LLW) is the limited liability company created at the manufacturing enterprises of Russia’s limited liability company on the basis of models and models of short-barreled combat firearms (pistols and revolvers), by introducing into the design a sample of short-barreled combat firearms of the factory making changes made by legal replacement of its trunk under a regular cartridge on the trunk (imitator of the trunk) under the cartridge of a traumatic action, or adaptation trunk at regular cartridge for firing a cartridge traumatic preserving other original parts and components (shutter-casing frame of the trigger) of the arms of the sample, with the subsequent certification of the arms as a new model LLW. To models LLW, designed and produced in Russia in this way, it is possible to attribute and OOOP on the basis of a combat rifled short-barreled firearm – a pistol of the Tokarev design of the sample 1930/1933. (“TT – Tula Tokarev”) of caliber 7,62 mm (LLW on the basis of a pistol TT). In the current literature there is practically no data on the structural features of the trunks or imitators of the trunks of the LLW on the basis of the TT pistol and on the morphological features of the traces of the shot and the limiting distances in the detection of the traces of a shot from it on non-biological (tissue) barriers, as a result of which experiments were undertaken to establish the distance of detection of traces of a shot from the barrel of the LLW on the basis of the TT gun, and the study of the patterns of deposition of the shot products on the barrier, depending on t structural features of the trunk of LLW based on the TT gun and other factors (used regular traumatic cartridge). Methods of research. Experimental part. In the course of the work, certain structural features of the trunks of various models of LLW were built on the basis of the TT pistol (MP-81 pistol and the Leader-M pistol), after which the standard models of traumatic action of the corresponding caliber were fired from experimental models tissue targets from various distances from the muzzle of the trunk (or imitator of the trunk) of the weapon to the surface of the target (from 5 to 50 cm) and with the relatively tight contact of the muzzle of the barrel of the weapon with the outside The target is the target. Results of the study. The dependence of the picture of the deposition of the shot products (shot soot and unburned or half-burned particles of gunpowder) on the tissue barrier from the caliber and the design features of the barrel (imitator of the barrel) of the LLW models on the basis of the TT gun with shots from a close distance. Discussion of results. The possibility of producing differential diagnostic studies of gunshot injuries on fabric barriers formed during shots from individual models of LLW based on the TT pistol, depending on the caliber of the cartridge and the structural features of the barrel (imitator of the barrel), with the establishment of a close shot distance in the case of using or using this type weapons, allowing to distinguish them on the basis of these damages. The need to continue research work on the study of structural features of the trunks of other models of LLW based on the TT pistol (pistol “VPO-501 PS – Leader” under the cartridge of the traumatic action 10x32T, equipped with two rubber bullets, pistol TT-T under patron of the traumatic action 10x28T) and especially the formation of gunshot injuries on the fabric barriers for shots from these weapons models.

Compensation of Distortions of Images of Traces on the Deformed Bullets for their Automated Comparison

Introduction. The purpose of work is: a research of ability of compensation of distortions caused by deformation of bullets. Theoretical analysis. In work examined bullets with deformation in the type of local annular expansion. This type of deformation is basis for compensation of complex distortions. Nodal point method selected for the evaluation of image distortion and compensation. Model experiment. Model of deformed 9 mm bullet obtained in 1:50 scale for determination of transformation coefficients. The table of transformation coefficients obtained by means of experiments for different diameter variations. Experimental studies. Experiments have been carried out for bullets, the shot from a Makarov pistol caliber 9 mm. The overlapping of images of non-deformed and deformed bullet showed before converting divergence of paired attributes in brinks images. Distortions of trace images on the deformed bullet compensated. Coinciding traces overlapped almost completely. Conclusions. The algorithm compensation of distortions of deformed bullets images develop. This system approved for symmetric deformation. The algorithm can be used for compensation of distortions of traces images on the deformed bullets.

To the Question of the Formation of the Gilzoteks of Smoothbore Firearms Service and Hunting Weapons

Introduction. The legislation of the Russian Federation does not provide for the test shooting of smooth-bore weapons by law enforcement agencies. There are no catridge-cases repository of smoothbore weapons because of low criminalistic information, which, in turn, makes it difficult to investigate crimes committed using this type of firearm. The report considers the possibility of introducing catridge-cases repository of registered smooth-bore weapons. Conceptual possibilities for implementing this solution are described. Theoretical analysis. The developed forensic markers are offered as one of the necessary conditions for the implementation of the project for the creation of catridge-cases repository of smoothbore weapons. The considered system of ballistic marking of cartridge cases of smoothbore firearms civilian and service weapons, which is intended for the rapid (operative) establishment of the number copy of the weapon from which it was shot, followed by the identification of weapons by private criminalistic features. Empirical analysis. Experimental studies with forensic markers made using various technical methods have been carried out, and criteria for their effectiveness have been analyzed, which, in an identification study, can identify individualizing criminalistic features. The possibilities of forensic identification of tracks on the cartridge case reflected from forensic markers are examined with the aim of establishing by law enforcement agencies a specific specimen of smooth-bore registered weapons. Results. By introducing criminalistic markers at the legislative level, law enforcement agencies have the opportunity to create a base for criminalistic catridge-cases repository of smoothbore registered weapons, which will increase the effectiveness of investigating crimes using this type of firearm.

The Method of the Estimation of Uniqueness of Route Complexes in Secondary Traces

Introduction. The existing criteria for the pairing of traces on shot bullets can not be considered satisfactory. They turn out to be too strict, or do not take into account the identifiable information about the structure of the coincident traces. Therefore, today expert makes categorical conclusion about the identity of the compared traces mainly on bases on his own experience without assessing the probability of a random realization of this event. In this paper, a technique for estimation of the uniqueness of the route complexes in compared traces is considered. In general, the solution of this problem allows us to objectify the expert conclusions. Theoretical analysis. In work the model describing the structure of the routes displayed on the surface of a shot bullet is proposed. On the basis of this model, a method for assessment of the probability of a random coincidence of the routes (the uniqueness of the complexes of coinciding routes) is proposed. Priority list of the similarity of traces is proposed to be formed on the basis of an assessment of the uniqueness of complexes of coincident routes. Empirical analysis. The results of applying the proposed methodology using the proposed pairing criterion are presented. We used two models of weapons: AKM and Makarov pistol. Results. Comparison of test paired and unpaired traces with an assessment of the uniqueness of complexes of coincident routs showed the effectiveness of the proposed methodology and the objectivity of assessing the degree of similarity of the traces.

Pages