Law

Development of Electoral Legislation on Secret Ballot in Pre-Revolutionary and Soviet Russia

Introduction. The electoral legislation of the Russian state at various stages of its development enshrines the open or secret ballot in elections to bodies of state authority and local self-government. Purpose. The main purpose is to analyze the development of the electoral legislation of the secret ballot in pre-revolutionary Russia and throughout the Soviet period. Results. Legal consolidation of the principle of the secret ballot took place in pre-revolutionary Russia. During the first decade of the Soviet power voting was conducted openly, even in the case of an alternate consolidation of the secret ballot in the legal acts which regulated the conduct of elections to the councils. Further development of the secret ballot in the Soviet Russia is characterized by progressive democratic legislation and politicized practice of its implementation. Implementation of the secret ballot in the election practice of the USSR began in the last years of perestroika. Conclusion. The author suggests a periodization of the main stages of the development of electoral legislation on secret ballot in pre-revolutionary Russia and throughout the Soviet period.

Practice as a Compulsory Element of the Educational Process at University: the Problems of Normative Support

Introduction. This article discusses the topical questions which are connected with the organization and practice in the educational organization of higher education. The article focuses on problematic issues of normative support of the practice as a compulsory element of the educational process in Higher Education Institution. Purpose. The main goal of the article is to study student practice in Higher Education Institution from the point of view of the analysis of normative regulation of its content and results. Results. The authors analyzed the normative legal base in Russia regulating the characteristics of the organization and conduct of practice at University, peculiarities of practical training of students in local acts of some educational institutions of higher education.The article shows the correlation of normative regulation at the federal level and the level of local acts of universities, authors highlighted the main directions of their inconsistency. Conclusion. The authors come to conclusion that the system of Russian higher education has some problems. These problems are caused by the contradiction between the current federal regulatory framework in the sphere of the organization and conduct of practices in the educational institutions of higher education and the level of legal regulation of this element of the educational process in local acts of universities.

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.

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