Law

The Nature of Non Jurisdictional Process: Logiko-gnoseological Aspect

Introduction. The modern legal sphere is characterized by the destruction of binary structure based on the balance of two systems of social and economical development. This had in impact on the increasing role and importance of the non-jurisdictional process based on rationalism and functional structuralism. Theoretical analysis. The article deals with the relations between form of action, procedure, and legal process to profoundly understand the nature of the non-jurisdictional process. As a result we come to a conclusion that legal relations are a universal form of action, the structural elements of which are process and procedure. Russian legislation is analyzed on the subject of normative base of the non-jurisdictional process. One of the conclusions made in the article is that non-jurisdictional process consists of action of bearers of rights and duties to provide their legitimate interest by the consequent change of the stages or conditions, which reflect the relations of the will and interest. The article touches upon the specific features of the non-jurisdictional process: the absence of dispute about rights; the presence of not less than two concerned parties; legal order as a form of action of non-jurisdictional process; the freedom of will to provide legitimate interest; conscious and volitional nature of the non-jurisdictional process. In the article the types and subtypes of the non-jurisdictional process are described. Conclusion. The non-jurisdictional process is a specific behavioral model of the subject to protect their legitimate interests. The object of non-jurisdictional process is interest of parties or third parties, that encumbered with obligations. The non-jurisdictional doesn’t affect with interests of third parties.

ОБЩЕСТВЕННЫЕ ПРАВООХРАНИТЕЛЬНЫЕ ОРГАНИЗАЦИИ В ПРАВООХРАНИТЕЛЬНОЙ СИСТЕМЕ СССР ВО ВТОРОЙ ПОЛОВИНЕ XX ВЕКА

Введение. Общественные организации являются неотъемлемой частью современ ного социума. Они выступают в качестве связующего звена между государством и гражданским обществом. Консолидирующим началом в деятельности вышеназванных организаций остается свободная форма реализации основных прав и свобод человека и гражданина, которая раскрывает демократические принципы государства. Правоохра- нительная деятельность не ограничивается функционированием только государственных правоохранительных структур. В истории России существовало множество негосударственных институтов, которые реализовывали правоохранительные функции в разных сферах жизни общества, начиная от охраны правопорядка и заканчивая защитой соб- ственности и обеспечения информационной безопасности граждан. Все они вписывались в государственную правоохранительную систему, которая была устроена в СССР особым образом. Методы. Для достижения эффективных результатов в исследовании использовались приемы, основанные на соединении разнообразных методов, принятых в отечественной юриспруденции. Основной упор делался на общие, общенаучные, междисциплинарные и специальные методы. Результаты. Констатируя значимость деятельности общественных правоохранительных организаций в правоохранительной системе СССР во второй половине XX в., автор приходит к выводу о том, что вплоть до распада СССР названные организации функционировали с определенной долей успеха, о чем свидетельствовали показатели их деятельности. В этот период была сформирована советская нормативно-правовая база, регламентировавшая деятельность всех вы- шеперечисленных организаций.

Juvenile Technologies as a Guarantee of the Rights of Juveniles at the Trial Stage in the Russian Federation

Introduction. The article deals with the general and additional legal guarantees to a minor during the administration of justice in the court, as well as the analysis of the concept of «juvenile technologies» to guarantee the rights of the minor defendant at the trial stage. On the basis of analysis of the available science and practical points of view, an attempt to own the original definition of «juvenile technology». The author examines the practical application of technologies in juvenile courts in the pilot projects in different regions of the country, with a view to further legislative consolidation and application throughout the territory of Russia to solve problems of teenagers caught up in the risk zone. Results. The analysis of the positive experience with the juvenile technologies in different regions of the country, and also investigated the problems of modern Russian society, decide that allow the formation of the juvenile justice system. Conclustion. The study author showed that the experiences of juvenile technologies in pilot projects in the country, as well as the level of crime in the whole country shows the author comes to the conclusion that coordinated action by all government agencies and civil society organizations to strengthen preventive work with juveniles and a radical improvement of justice juvenile.

Some Aspects of the Implementation of Lawmaking Policy in Civil Proceedings

Introduction. At present Russian Federation formed enough quality legislation. However, legal framework under constant updates. Therefore, the creation of legal conditions for securing legislative strategy is the aim of lawmaking policy, under which it is possible to understand the science-based, consistent and systemic activity of the state and nonstate structures aimed at determining the strategy and tactics of lawmaking, the creation of necessary conditions for effective lawmaking work etc. Methods. Methodological basis of research supports internally interconnected complex methods of cognition: systematic and structural, functional, logical, and apply legalistic, deductive method of investigation and materialist dialectics. Results. Lawmaking policy plays an important role in the formation of civil proceedings. The perspective of civil litigation may come just because of the concept of law-making policies that will contribute to eliminate the significant deficiencies in existing legal acts and intro- duce new features to improve how civil justice and justice in general. Conclutions. The author believes that the law-making policy in civil proceedings will provide a guarantee of quality protection of violated rights and freedoms of subjects.

To the Question of Criminal and Legal Policy Efficiency in the Sphere of the Crime Prevention Against Criminal Legal Proceeding Participants

Introduction. In the Russian Federation the criminal and legal policy in the sphere of protection of criminal legal proceeding participants against criminal encroachments is ineffective. This circumstance leads not only to serious obstacles in justice implementation, but also to direct threat of the personality. One of prevention means of the considered crimes is their criminal legal protection. Nevertheless, the criminal law does not regulate protection of all criminal legal proceedings participants and that is the essential gap in the criminal legislation. Methods. In this work the methods of the criminal legal regulations analysis and sociological poll of more than 1300 paticipants of criminal legal proceedings were applied. Results. The results of research shows that it is necessary to carry out criminal legal protection of the criminal trial participants who aren’t included in the articles of the Criminal Code of the Russian Federation such as private accuser, witness, head of investigative body, chief of division of inquiry. Besides, it is necessary to optimize criminal legal regulations that order the protection of other participants of criminal trial. Conclusion. Based on the received results of research, it offers to enter additions into some articles of the Criminal code of the Russian Federation.

Moral and Ethical Parliamentary Deputy`S Image as the Subject of Legal Regulation

Introduction. The article analyzes the legal aspects of moral and ethical image and behavior of parliamentary deputy. Object. The main object of the paper is to study the legal nature and mechanism of implementation of the Rules of parliamentary ethics, as well as responsibility for the violation of moral norms by deputies. Results. The authors analyzed the legislative acts providing the basics of moral and ethical deputy`s image and regulating the ethical behavior of parliamentarians and their responsibility for the violation the law. It was revealed the Russian legislation contains many unresolved issues in the regulation of parliamentary deputy’s behavior. The provisions of the draft Code of Parliamentary Ethics were considered. The normative and obligatory nature of the document was ascertained. The authors proved that the condition obliged the deputies to keep the moral and ethical standards both during the service hours and off duty should be included in the Code. Conclusion. Тhe authors conclude that the Rules of parliamentary ethics should be obligatory. The legal provisions should have the broad interpretation implying the regulation of the behavior of deputies both at the service and off duty. The Code of Parliamentary Ethics should contain a wide and clearly-defined list of sanctions including deprivation of the deputy`s voting right at the parliamentary meetings for a certain period, fines, and deprivation of parliamentary mandate in cases of rough and systematic violations the law.

Legal Regulation of Interaction Public Chamber of the Russian Federation Subjects with the State Governments and Other

Introduction. This article analyzes the activities of the Public Chamber of the Russian Federation subject in the context of its interaction with the regional authorities and the Public Chamber of the Russian Federation. Discussion The author analyzes the order of creation and activities of public chambers of the Federation, the impact of these processes on the authorities of the Federation. Points to the direct involvement in the formation of public chambers of the legislative and executive powers of the regions. The main activities of public chambers of the Federation, their influence on social and political life. The issues of cooperation between federal and regional public chambers. Proposes measures to improve such cooperation, in particular the establishment of the coordinating council, composed of the chairmen of public chambers of subjects of the Russian Federation. Conclusion The author concludes that the activities of the Public Chamber of the Russian Federation promotes the effective interaction of civil society with the authorities of the region.

Modification of Modern Constitution of Russia

Introduction. The article investigates the limits of amending the Constitution of the Russian Federation in 1993. Discussion. The author examines the amendments that were made to the text of the Constitution of the Russian Federation for more than twenty years. Particular attention is paid to the amendments relating to the reorganization of the higher courts of the state. The article points to the need for careful attention to the values enshrined in the Constitution. It is concluded that the imposition of non-Russian «European system of values». The activity of the supreme bodies of state power, defend the Constitution of the Russian Federation. We prove that the changes to the Constitution of the Russian Federation were due to the need to bring it into line with the changed rules of reality. Conclusion. An analysis of the amendments to the Constitution of the Russian Federation, the author comes to the conclusion that they are designed to improve the management of state, federal and development of the judicial system, but do not change the basic principles of functioning of the Russian state and society, not encroach on the stability of the economic and political system.

The Main Approaches of the Constitutional Court of the Russian Federation to the Constitutional Principle of Non-discrimination

Introduction. As discrimination is a negative phenomenon, counteracting it is an important problem. Constitutional Court of the Russian Federation plays considerable part in this process because it can protects subjects of law from law-making discrimination. Theoretical analysis. The article considers main approaches to the constitutional principle of non-discrimination, containing in legal positions of the Constitutional Court of the Russian Federation. Constitutional Court of the Russian Federation regards non-discrimination as con- stitutional principle of law. The author analyses features of discrimination which were mentioned in Constitutional Court’s decisions and studies legal positions of the Constitutional Court of the Russian Federation, addressed to the safeguards of the constitutional principle of non-discrimination. Conclusions. Constitutional Court of the Russian Federation often addressed the constitutional principle of non- discrimination. Thereby, Constitutional Court interprets it owing to recognition non-discrimination as a principle of law, reveals its features and safeguards, develops and defends this principle.

Constitutional and Legal Constraints of a Multiparty System in Russia

Introduction. The article investigates the boundaries of a multiparty system in constitutional law. Analyzes the limitations of a multiparty system adopted in the democratic countries of Europe. Theoretical analysis. The author explores the limits of political parties, enshrined in the Constitution and the law, revealing contradictions wording. Particular attention is given to such a restriction in the activities of political parties, as the prohibition of extremist activity. The article points out the contradictions in the understanding of extremist activity, which is enshrined in various federal laws. Indicated on the mixing of concepts such as terrorism and extremism. It is concluded that the category of «discrimination» act as an independent and not always be regarded as extremism. It is proved that the elimination of the political party on the specified in the law on political parties, the grounds, the reduction due to the multi-party opposition to extremism and acts as a serious and preventive measures. Conclusion. The analysis of Russian legislation, the author comes to the conclusion that the vagueness of the wording might lead to unnecessary restriction of the activities of political parties and their elimination as opponents of the constitutional order, which is unacceptable in a democratic, politically pluralistic state.

Pages