Law

Problems of Ensuring Compliance of Technical Characteristics of Civil and Office Firearms to Criminalistic Requirements of the Ministry of Internal Affairs of Russia

Introduction. Problematic issues of providing the criminalistic requirements of the Ministry of Internal Affairs of Russia imposed to firearms are considered in work. A sometimes weapons does not provide formation on the shot bullets and cartridge cases of the traces suitable for identification. Absence of any standards or specifications on a roughness of a relief of surfaces of the details forming traces is to it the reason. In addition, arms manufacturers poorly represent modern methods and technical means of identification of the weapon. Experimental part. In work the reasons of formation of traces on the shot bullets and shot cartridge cases not suitable for identification of the weapon are analyzed. Cases where the identification of the weapons on the striker traces is impossible due to the design of shells hunting cartridges are shown in the article. The negative influence of the production of primers traces at identifying of weapons on firing pin traces is quickly studied. Conclusion. Forensic requirements for identification of the weapon can be most effectively provided at close scientific and technical cooperation of the arms manufacturers and scientists specializing in area of judicial identification of the weapon.

The Concept and Functions of State and Municipal Services

Introduction. Legal regulation of state and municipal services in the Russian Federation has its own characteristics and peculiarities, which also determines the specific character of these services. This paper presents a theoretical understanding of the principles of state and municipal services. This article presents a theoretical understanding of the concepts and functions of state and municipal services. Administrative reform as a necessary result of the implementation of its major events marked the achievement of high-quality organizational support of the implementation of title and enforcement functions of the state. Adoption of a series of priority to the provision of services by public authorities and local authorities citizens and businesses has become the most important novel in the direction of the state and municipal government.

Purpose. The main objective of the paper is due to the administrative reform, in addressing the problems arising in the delimitation of the concepts and functions of the organization and provision of state and municipal services.

Results. This article analyzes the concept and functions of the aforementioned services and to compare the different approaches authors with regards to this issue.

Conclusion. We believe that the state (municipal) services must be referred to the executive and administrative activities of the relevant authorities, and themselves state (municipal) services to the direct-providing entities related services. However, these definitions do not establish a clear distinction between these concept, which implies their specific identity, that when they practice or the provision could lead to varying interpretations.

Expertise of Draft Laws within the Russian Lawmaking Process: Legal Theory and Classification

Introduction. The article is devoted to considering the institute of expertise of draft laws within the Russian lawmaking process.

Purpos. The main object of the paper is theoretical comprehension of the institute of expertise of draft laws within lawmaking process and classification of its particular kinds that Russian legislation comprises.

Results. The authors consider the scientific approaches to defining the correlation between the concepts of «lawmaking process» and «legislative process». The authors study the definition of the concept of «expertise of draft laws» putting aside the contiguous concept of «conclusion of a state authority body». It is proved that the distinctive attribute of expertise of draft laws is that it is carried out by competent persons – experts that possess special knowledge in a certain field. The authors provide an analysis of a set of legislative acts regulating certain kinds of expertise of draft laws within the stages of the lawmaking process. It is revealed that subjects, objects, terms of some kinds of expertise of draft laws as well as legal validity of expert reports are not determined in Russian legislation. It is carried out classification of the kinds of expertise of draft laws, embodied in the legislation on such criteria as an object and a subject of an expertise; an obligatory condition; the stage of the lawmaking process; legal force of expert reports.

Conclusion. The authors make the conclusion that a lack of scientifically based classification of the kinds of expertise of draft laws is the reason for which Russian legislation in the area contents many contradictions and gaps. It is proved that there is a need of systematization of Russian legislation regulating the institute of expertise. And this process should be based on the scientific studies and classification.

The Types of Legal Regulation of Public Control in the Russian Federation

Introduction. The article analyzes the peculiarities of the legal regulation of certain types of social control in the Russian Federation.

Purpose. The main objective of the work is to study the legal basis for the classification of public control depending on the scope of its implementation and to identify problematic aspects of allocation of the individual species.

Results. The author analyzes the Russian regulatory framework governing the peculiarities of social control, the basic problem of the legal classification of the activity, depending on the scope of its implementation. The analysis of the ratio of regulatory foundations of social control and the real diversity of legislation in this area. Adoption of the law, securing the foundations of social control in Russia has given rise to a number of problematic aspects of law within the scope of the implementation of this institution that, as a result, may lead to the formation of conflict situations in the course of its enforcement. There is a need for the regulatory details of individual elements of social control, starting with the definition and ending with its structural and functional component.

Conclusion. The author concludes that public control is universal and covers virtually all areas of public relations. However, the current legislation, fixing the foundations of social control, does not account for this factor, limiting the scope of its implementation and regulation.

Topical Issues of Legal Regulation of the Prohibition of Discrimination of the Rights and Freedoms of a Person Depending on His State of Health in Modern Russia

The article investigates the legal regulation of nondiscrimination rights and freedoms of the individual, depending on his state of health in Russia in the current national regulations. Discussion. As a result of the research of legal instruments of the Russian Federation, focuses on a group of federal laws that prohibit discrimination enshrined human rights and freedoms according to the state of his health. Special attention is paid to the factors by which the discrimination of the rights of man and citizen on the basis of health. The author concludes that the prohibition of discrimination of man and citizen on the basis of health is the total of the declared nature, as in different fields there is the discrimination of citizens, foreign citizens and persons without citizenship on the basis of health. Conclusion. Protection of the rights of man and citizen depending on his state of health in the national legislation is not fully implemented due to a lack of effective national mechanisms.

On the Communicative Nature Mediation: Some Methodological Aspects

In the framework of Communication has developed an interpretation of communication as symbolic of the social process. Communication in the modern sense – it is a way of establishing contacts between the subjects and the shape of their interconnection and mutual influence, and the basis for the formation of new social practices. One type is the mediation of constructive interaction based on the transactional model of communication. Discussion of results. Practical implementation of extra-judicial dispute resolution and conciliation procedures in modern Russia is based on the understanding of their inner nature and driving mechanisms. The basis of the study of the communicative nature of the mediation made theoretical and methodological position of Communication. An analysis of the various approaches to the study of the fundamental characteristics of communication allowed to formulate the author’s understanding of mediation as a deliberate, planned communication taking place with the help of significant symbols. Mediation – a certain kind of communication, allowing to carry out cooperation partners in the negotiations to create a common sense of the common communicative action and agreement. This approach contributes to the formation of modern culture settlement of disputes and the wider dissemination of alternative means of resolving legal conflicts.

Legal Regime of Information Production and Distribution

Developing information technologies enhance production and distribution of messages and materials that contain various data and opinions. However, distributed information can both pursue positive goals and have a destructive impact on individual and social consciousness, be exploited to achieve publicly illegitimate and wrongful goals. Purpose. The author aims at studying and describing legal regime of information production and distribution stipulated by the Russian legislation. Results. The author investigates the subject matter of the constitutional right to produce and distribute information; gives the classification of legal means used to regulate information production and distribution; systematizes major limitations stipulated by the Russian legislation in the sphere. Conclusion. Legal regime of information production and distribution is a set of measures targeted at conditions for citizens, mass media, social organizations and public associations, political parties to exercise their rights to free information production and distribution within the stipulated legal range that ensures security of subjects of information activities.

Governance and the Constitutional Process: Problems of Interaction and Mutual Influence

The form of government as one of the three characteristics of the structure of the state, determined by the method of formation of the public authorities. The classic formula defines a republic as a form of government in which the supreme authorities elected or formed a national representative institution. Depending on the procedure of formation of executive power and the place of the President (Head of State) in the government distinguished presidential, parliamentary and semi-presidential republic, in which the law or in fact the president is always a chief executive or a part of it. At the same time the fundamental principles governing the system of state power and the place of its president, is the principle of separation of powers and independence of authorities (Art. 10 The Constitution of the Russian Federation), as well as the unity of state power (Pt. 3 of Art. 5 The Constitution of the Russian Federation). Methods. The methodological basis of research supports internally interconnected complex methods of knowledge: system-structural, functional, logical, historical. The basic general legal methods are comparative legal and formal-legal, allowing the author to explore the legal basis of the formal and the actual form of government in Russia, comparing the attributes of the Parliamentary, presidential and semi-presidential republic. Results. It is stated that at the present stage of development of the Russian state needs to shift from sverhprezidentskoy to parliamentary form of government with the relevant constitutional changes in law and practice.

Content of Secret Ballot as a Kind of Legal Regime of Information in the Russian State

The study of the content of secret ballot is impossible without a definition of «the secret ballot». The general legal concept of «secret» is not fixed in the legislation of the Russian Federation, and therefore, there are two basic approaches to this concept in the legal literature: a secret as information and a secret as the legal regime of information. Purpose. The main purpose consists in analyzing the secret ballot as the legal regime of information. Results. In the absence of legislative recognition of the concept of the legal regime of information the author has analyzed the concept of «information» and «legal regime» for the research objectives. On the basis of the analysis of the main elements of the legal regime of information the author claims that they are all inherent in the secret ballot. Conclusion. The author makes some conclusions about the content of the secret ballot, and determines the value of undisclosed information.

Taxation in the Perfomance Options Contracts as Financial Instruments of Futures Contracts

At present the legislation does not always have time to respond to the needs of modern business, the constant development and improvement of relations between subjects necessarily entails the formation of new types of relations, requiring detailed legal regulation. Purpose. Analyze the taxation of option transactions, depending on their types and participants. To investigate the levying of tax on profit of organizations and tax on added value when executing option transactions, as well as the use of incentives in the taxation of these transactions. Results. Based on carried out analysis it is established that for tax purposes payments on option contracts must be reasonable, and the award be included in the income of a taxpayer, regardless of the qualification of such transaction as a financial instrument. Moreover, it is established that the levying of value added tax shall be only part of an option recognized by the implementation. Identified the need to consolidate at the legislative level the criteria of option contracts for transactions subject to taxation, with the definition of the procedure for calculating and paying tax. Conclusion. Reveals the notion and the kinds of option transactions, are shown their new designs, causing the need for improving the tax treatment of such transactions.

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