Law

Constitutional Basis of the State Policy of the Russian Federation with Regard to Cultural Heritage

Introduction. In modern conditions, one of the important areas of national development is acknowledged state cultural policy, including with regard to cultural heritage, designed to ensure priority of cultural and human development as the foundation of economic prosperity, national sovereignty and civilizational identity of the Russian Federation. Theoretical analysis. prerequisites for the formation of the state of Russia’s policy in relation to cultural heritage are the provisions of the Constitution, the generally recognized principles and international acts in the cultural sphere as well as the objectives of the Russian state to preserve the unity and integrity of the state, traditional values and national identity. State objectives in the field of cultural heritage are proposed to divide into two groups: the tasks of the intangible mental order and tasks aimed at preserving the cultural heritage, that is, the material nature of the problem. Empirical analysis. Existence of the constitutional obligation determines the objective need for the production of a clear and effective system of legal liability for failure or improper performance of duties within the public policy with respect to the cultural heritage. It is necessary to specify what is meant by «passive» implementation of the constitutional responsibilities of each one to preserve cultural heritage.

Protection of Human Rights in the Activities of Legislative (Representative) Bodies of State Power of Subjects of the Russian Federation

Introduction. Protection of rights and freedoms is one of the most important activities of legislative (representative) bodies of state power of subjects of the Russian Federation. Theoretical analysis. The paper analyzes constitutional legal regulation of the rights and freedoms in the activity of legislative (representative) bodies of state power of subjects of the Russian Federation. In the Russian Federation rights and freedoms of man and citizen are recognized and guaranteed on the basis of the principle of equality under the universally recognized principles and norms of international law and in accordance with the Constitution of the Russian Federation. The author comes to the conclusion about the necessity of compliance with national and international standards in adopting laws of subjects of the Russian Federation governing the implementation and protection of the rights and freedoms of man and citizen. Results. On the basis of the conducted analysis, the substantiates the necessity of compliance with the Constitution of the Russian Federation in legislative activity of regional parliaments in the adoption of legal acts with the aim of preventing restrictions of human rights.

The Normative Bases of Legalization of Non Jurisdictional Process

Introduction. Globalization and regionalizations of social and economic communications caused contradictory changes in legal system of the Russian Federation. It is receive an ambiguous assessment in legal science and practice. So there is an introduction of not traditional categories for jurisprudence in legal practice, one of which is non jurisdictional process. Theoretical analysis. The formation of the concept of the normative bases of non jurisdictional process will promote detection of dependences between rules of legislation and its practice. The materialization of non jurisdictional process can be carried out in borders of realization of the right. It is possible because of indirect legal fixing in the legislation. Therefore legitimate interests of owners are limits of legalization of non jurisdictional process. Non jurisdictional forms of ensuring the rights and legitimate interests are applied in the international and state public and private law. Therefore, the object of analysis is different legal acts. Conclusion. This analysis allows to claim that the legislation of Russian Federation contains the provisions allowing and providing legalization of non jurisdictional process in legal system of the Russian Federation. It plays a role of the normative bases of introduction of non jurisdictional process legal practice. Legal rules are allow to consider the non jurisdictional process as one of components of the mechanism of ensuring the rights and legitimate interests of the person. In this sense the problem of not jurisdictional process is interdisciplinary.

A Brief Overview of the Materials I International Scientific-practical Conference «The Right to Judicial Protection: a Comparative Legal Analysis of the Civil Procedure Code, Arbitration Procedure Code, the Code of Administrative Procedure»

 

March 30, 2016 at the Faculty of National Research Saratov State University named after NG Chernyshevsky I International scientific - practical conference of Skye ' right to judicial protection : a comparative legal analysis of the howling of the CPC RF , the APC RF , RF CAS " . Catalysts are currently published key review tezisyvystupleny main participants.

Managing the Process of Identification the Human Using the Porescopical Features of the Fingerprints

Introduction. Statistical managing of processes and making the decisions based on facts are the basic requirements of the international standards of ISO 9000 quality system, which can be made using the introduction of statistical methods. Implementation of corrective actions to improve the quality of products is an essential component of the statistical management, in any other case, the application of statistical methods is less effective. Methods. The nessesity for a methodology was caused by practical necessity. Since the analysis of the practice and production of fingerprints’ trasological and dactiloscopical examination shows that some of the techniques and methods used in the identification of objects in their fingerprints, do not correspond to modern requirements and need to be improved. A special technique was developed. The techniqu of topographic compatibility is based on the priority of actions to transform the tracks and prints in the standard form, to calculate the ratio of the average distance between the display of corresponding pores to the average distance between the pores of trace or print. Methodology IDEF0 (methodology integral description for functional simulation) was chosen to describe this process. Nowadays the most wide-spread methodologies are: UML, ARIS, IDEF0, IDEF3, flowcharts, DFD. Results. The comparison of several pairs of fingerprints left by the same area of the finger has shown that the ratio of the average distance between the display corresponding pores to the average distance between the pores footprint or imprint, existing on a papillary line, turned out to be within 0.08  0.2, so we can say, that in this case the numerical value is not more than 0.2 can be concluded about the identity.

Guns of the Internal Forces: Yesterday, Today, Tomorrow

Introduction. In light of recent events, security sector reform, the issue of security becomes particularly relevant. The development of small arms is not in place. The troops received new samples of the weapon, thereby sending to the history of the predecessors. Theoretical analysis. The paper presents a technical description of the guns, standing ever in service of internal troops of the Ministry of internal Affairs of the Russian Federation from the date of their formation. Comparative characteristics of the samples. Disclosed constructive characteristics of each. The analysis of tactical and technical data. Highlighted the positive side of each sample, noting their shortcomings. Directions of further development of pistols. Describes the problems and areas of work for design, production as handguns in General and ammo in particular. Conclusions. In the conditions of modern urban combat, when the most important factors of survival are not precision aiming, and the speed and skill with the weapon, the gun becomes one of the basic weapons.

Mechanism of Traceformation on Cases During Reloading when Repeated Use

Introduction. Recently in expert practice there registered the instances of using homemade reloaded rifled weapon cartridges. Purposes and tasks. To consider the problems of traceformation when reloading cases. To reveal on the reloaded cases the productive facilities significant traces available for forensic expert examination. To describe stepwise the reloading process and the equipment used. Experimental part. Examining the traces formed in the course of a shot was carried out with hunter’s cartridge cases ejected from .300 WIN MAG caliber Sauer 202 carbine. Discution of results. In terms of the cases examined the analysis of traceformation mechanism special features after repeated reloading was conducted. It allowed to draw conclusion on the repeated use of cases, otherwise – on their reloading by means of one and the same equipment.

Cartridge SC-4 Use in Self-made Tabeless Weapons

Introduction. Open society, free internet access, modern means of communication and the press, lack of control over the media has led to the fact that many previously closed publications and reports on the development of small arms, ammunition, explosive devices, have become open to all those interested in the topic. As a result, recent years have seen a large number of applications for criminal purposes self-made firearms and ammunition or ammunition of nontraditional design. Special cartridge SС-4, standard cartridgeto the PSS silentgun,is nontraditional ammunition, because its design has a special piston seal, ejecting the bullet when fired and locking powder gases in the body of the cartridge case, thereby providing a noiseless and flameless fire. This ammunition is available in criminal trafficking and according to experts practitioners can be used independently as a cartridgebarrel without a regular weapon. Experimental part. The article presents the results of experimental studies on the possibility of using a special cartridge SС-4 in a self-made tubeless firearms; the possible options for self-made firearms with a cartridge SС-4 as the barrel. Discussion of results. Using the cartridge SС-4 alone as a cartridge-barrel is not safe. Despite the fact that the bullet in this case has sufficient destructive power, the disruption of a cartridge case eliminates one of the criteria of a firearm, namely reliability. When used in a product enhance a metallic case of cartridge SC-4, self-made firing device can meet the criteria of a firearm. In this case it should be referred to a firearm. Conclusions. Cartridge case is used in self-made tubeless design firearm as a barrel. Special cartridge SС-4 alone cannot be used to create self-made tubeless weapons, although whenthe bullet is activated cartridge has enough destructive power.In the case of improvement of a special cartridge SС-4 by strengthening the cartridge case self-made firing device can meet the criteria of a firearm and should be referred to the tubeless self-made firearms.

The Influence of the Design of the Barrel Firearms Limited Destruction on the Deposition Product Shots for Shots at Close Distance over a Hedge Non-biological Origin

Introduction. The theme urgency is defined as prevalence in the territory of the Russian Federation barreled firearms limited destruction (major crimes), major crimes than the barrel and damage the projectiles had shot out of him, obstacles of a different nature is the objects of ballistic research during the investigation of various incidents related to the application or use of major crimes in the solution of diagnostic problems of expert determine the distance of the shot from the muzzle face to the obstacles and determine the type and model of firearm (major crimes), shot from where the damage formed on the barrier ( including the garments). Methodology of research. Experimental part. During the preparation of the work have been established certain design features of the barrels of various models of major crimes as the production of Russia (pistols, «Storm-51» and «Storm-21», MP-79-9TM, Mr-80-13T, LL, 81), and major crimes of foreign production («GRAND POWER T10»). Splitting the data models of major crimes into three groups on the basis of the design of the barrel wopp his muzzle (the front part), then out of the major crimes of these models was carried out shooting staff for them by cartridges of traumatic action corresponding experimental tissue fire at targets from different distances from the muzzle of the barrel of the gun to the target surface (from 5 to 100 cm) and at relatively close contact muzzle end of the barrel with the outer surface of the target. Results of study. Study of damage on targets and product shots on the surfaces of the targets, the dependence pattern of deposition of products of a shot (a shot soot and unburnt or semiburnt down particles of gunpowder) on the barrier fabric to the size and construction of the barrel barreled firearms limited destruction (major crimes) for shots at close range. Discussion of results. Practical recommendations. The possibility of production of differential diagnostic examinations of gunshot injuries at the tissue barriers formed by shots from major crimes, depending on its type, caliber and cartridge design features of the trunk, with the establishment of a distance close shot in case of application or use of a weapon that allows to differentiate them on signs of data damage, which is especially important in the case of simultaneous use or the use of various models of major crimes. Noted the need for a centralized collection of experimental damage to the target tissue, obtained, if possible, all samples and models of major crimes, and are certified in the legal turnover on the territory of the Russian Federation (RF) with subsequent dissemination in electronic form (in the form of electronic images) throughout the system of forensic institutions of the RF.

Method of the Binarization of Images of Traces on the Shot Bullets for the Automatic Assessment of Their Suitability to Identification of the Fierarms

Introduction. Nowadays, automatic identification of weapons on electronic databases involves the analysis thousands of images of similar tracks, including images which are not suitable for identification. It is necessary to exclude from the analysis traces not suitable for identification for reduction of volume of calculations and increase of their efficiency. The aim of this work is the analysis of methods for assessing the suitability of traces to the identification and develop image binarization techniquie, which ensures minimal distortion of the width tracks on traces on the shot bullets. Theoretical analysis. There are two methods for evaluating of the suitability of dynamic traces to identify the weapon. The first is to count the number of lines, the width of the tracks and the spaces between them. The second is to find the autocorrelation function (ACF). The ACF form is close to a delta function form for a trace suitable for identification. The second method is more promising for the analysis of traces on the shot bullets. Experimental part. The authors proposed an image binarizatiom technique based on the construction of the image brightness profile. Application of this technique to images of dynamic traces, which are oriented vertically, allows adequately display the main tracks on binary images. Conclusion. The proposed method allows to get a binary image of traces on the shot bullets suitable for automatic analysis of their suitability for identifying and further comparing traces.

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