Issue № 1-2 (41-42) 2014

№1-2 (41-42)
2014

Content

Problems of the theory of law and the state, history of the state and the law

Problems of civil, family and private international law

Problems of criminal law, criminalistics, criminology and penitentiary right

Problems of legal process

The scientific life

  • hearings (open table) "organizational relationships and agreements" (togliatti, october 3, 2014) V. A. Hohlov

Problems of the theory of law and the state, history of the state and the law

Legal Status and Property Rights of Churches in the Russian Empire in the End of the 19th Century and the Beginning of the 20th Century S. М. Nikiforov*

Samara state university of economics (Russia, Samara)

Sиmmary: The article views the legal status and property rights of churches in the Russian Empire in the end of the 19th and the beginning of the 20th century. Several different approaches to the legal regulation of legal statuses of churches as legal entities in the Russian Empire are viewed.

Keywords: legal entities; subjects of legal responsibility; subjects of law.

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* Sergey М. Nikiforov, degree-seeking student of Civil and Arbitration Procedure Department, Samara State University of Economics, E-mail: sseu.process@gmail.com.

© S. М. Nikiforov, 2014.

ENVIRONMENTAL SAFETY: theoretical and legal aspects A. A. Kuvatova*

Samara state university of economics (Russia, Samara)

Sиmmary: The article discusses the different points of view on the definition of environmental security, formulated its own point of view on the concept of «environmental security».

Keywords: environmental security; the environment; human impact.

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* A. А. Kuvatova, degree-seeking student of Civil and Arbitration Procedure Department, Samara State University of Economics, E-mail: sseu.process@gmail.com.

© A. А. Kuvatova, 2014.

Judicial precedent in the history of the Russian state (Russian Federation) S. N. Coupcova*

The North-Caucasus Federal University (Russia, Stavropol)

Sиmmary: the article discusses some of the issues of the development of judicial precedent as a source of law of Ancient Russia. Author  makes conclusions about the need for further historical and legal research of  formation of this legal phenomenon.

Keywords: judicial precedent; source of law; the court system.

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* Sofia N. Coupcova, degree-seeking student of The North-Caucasus Federal University, E-mail: igp@sgap.ru.

© S. N. Coupcova, 2014.

History formation divisions of financial safety in system of the Ministry of Internal Affairs of the Russian Federation. A. E. Murzin *, N. V. Baidukova **

Samara State University of Economics (Russia, Samara)

Summary: In article historical development and formations of divisions of financial safety of the Ministry of Internal Affairs of the Russian Federation is described.

Keywords: financial safety; Constitution USSR; Ministry of Internal Affairs.

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* Andrey Е. Murzin, associate professor of Civil and Arbitration Procedure Department of the Samara State University of Economics, E-mail: sseu.process@mail.ru

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** N. V. Baidukova, degree-seeking student of the Samara State University of Economics, E-mail: sseu.process@mail.ru.

© A. Е. Murzin, N. V. Baidukova, 2014.

«Civil society» in the doctrine of Russian before Revolution law theoretician B.N. Chicherin D. V. Polyansky*

Samara state university of economics (Russia, Samara)

Summary: аrticle is devoted to examination of views of famous Russian before Revolution law theoretician Chicherin B.N. about the nature of civil society. Author made conclusion that views of B.N. Chicherin B.N. represent a confusion of two eclectic ideas: liberal and conservative.

Keywords: civil society; government; private law; public law.

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* Dmitry V. Polyansky, posrgraduate student of the Dept. of Theory and History of State and Law, Samara State Economic University, E-mail: Polyanskii@samgd.ru.

© D. V. Polyansky, 2014.

Problems of civil, family and private international law

WHAT IS THE FAMILY CODE OF THE RUSSIAN FEDERATION IN THE NEW EDITION? I. F. ALEKSANDROV*

Samara state university of economics (Russia, Samara)

Summary: The Article is on discussion of problematic aspects of the development and improvement of the Russian Family Law. The Author tell us about   proposals for revision of  the Russian Family Law in the article

Keywords: family; marriage; family policy of the Russian Federation.

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* Ivan F. Alexandrov, candidate of jurisprudence, associate professor of the civil and enterprise law of Institute of the right of the Samara state economic university, E-mail: nataliy_2905@mail.ru.

© I. F. Alexandrov, 2014.

ATTORNEY-CLIENT PRIVILIGE INFORMATION: concept, especially of the software A. R. Ermolaeva*

Samara state university of economics (Russia, Samara)

Summary: in present article we analyze the concept of attorney-client privilege as a integrated component of confidential information units protected under the Russian law.

Keywords: advocacy in Russia; attorney-client privilege; data protection.

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* Anna R. Ermolaeva, degree-seeking student of Civil and Arbitration Procedure Department, Samara State University of Economics, E-mail: annaerm_2010@mail.ru.

© A. R. Ermolaeva, 2014.

EVOLUTION OF CONCEPTS ABOUT THE LEGAL CONSTRUCTION OF MARRIAGE IN FRANCE s. v. pivnova*

Balakovo subsidiary of «Saratov State Law Academy» (Russia, Balakovo)

Summary: The article explains thelegal content ofthe concept ofmarriageand itschronologicaltransformationin the Frenchlegal doctrineof marriageandFrench law.

Keywords: marriage; Frenchlegal doctrineof marriage; French civil code.

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* svetlana v. pivnova, candidate of jurisprudence, associate professor of the civil law disciplines of Balakovo subsidiary of «Saratov State Law Academy», E-mail: pivnova.sv@yandex.ru.

© s. v. pivnova, 2014.

Problems of criminal law, criminalistics, criminology and penitentiary right

THE LEGAL STATUS OF CORRECTIONAL INSTITUTIONS` ENTERPRISES A. A. GRIGORJEVА*

"Samara Law Institute of the Federal Service for Execution of Punishments of Russia" (Samara, Russia)

Summary: this article examines the legal regulation of relations concerning the possession, use and disposal of part of state property assigned to the penal enterprises.

Keywords: penal enterprises; the reform of the penal system; penal institution.

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* Anastasia A. Grigorjevа, cadet 3rd year, law faculty, Samara law Institute of the Federal penitentiary service of Russia. E-mail: g. anastasiia@ bk.ru.

© A. A. Grigorjevа, 2014.

ORDER CHANGE FACTORS OF CRIMINAL PROSECUTION FOR TAX CRIMES S. A. GROMOV*

Economic Security and Anti-Corruption Research Affairs of Central Departmen of Ministry of Interior 

Summary: the article considers the factors influencing the change of the order of bringing to criminal liability for tax crimes in recent years. It analyses the main statistical indicators, qualitative and quantitative aspects of the dynamics of tax crime in recent years. Is a characteristic of the modern mechanism of counteracting fiscal criminality and main directions of its improvement.

Keyword: taxes; tax crime; tax evasion.

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* Sergey А. Gromov, deputy chief of the Economic Security and Anti-Corruption Research Affairs of Central Departmen of Ministry of Interior, E-mail: gromovsa2008@mail.ru.

© S. А. Gromov, 2014.

ANALYSIS OF THE PENITENTIARY CRIME IN THE RUSSIAN FEDERATION U. S. Zdvizhkova*

"Samara Law Institute of the Federal Service for Execution of Punishments of Russia" (Samara, Russia)

Summary: this article is devoted to the analysis of problematic issues of crime in the prison, and also contains some proposals to improve the effectiveness of countermeasures prison crimes.

Keywords: prison crime; penitentiary prevention; prevention of the prison crime.

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* Ul'yana S. Zdvizhkova, cadet 3rd year, law faculty, Samara law Institute of the Federal penitentiary service of Russia. E-mail: zdvizhkova93@mail.ru.

© U. S. Zdvizhkova, 2014.

SOLUTION IDENTIFICATION AND DIAGNOSTIC PROBLEMS IN THE STUDY OF HUMAN HAIR V. A. Ponomarenkov*, S. A. Polunin**

Samara State University of Economics (Russia, Samara)

Summary: The paper considers the possibility of forensic identification of human hair found at the scene. We consider the modern methods of forensic diagnosis of human hair

Keywords: forensic diagnosis, forensic identification, the structure of the hair, the objectives of the expert forensic investigation

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* Vitaly A. Ponomarenkov, candidate of jurisprudence, associate professor of the state and legal disciplines of the Samara State University of Economics, E-mail: 2770402@mail.ru.

**Sergey A. Polunin, candidate of jurisprudence, associate professor of the department of criminal disciplines of the Saratov State University, E-mail: 2770402@mail.ru.

© V. A. Ponomarenkov, S. A. Polunin, 2014.

Problems of legal process

Disciplinary Responsibility of Judges: History of System Formation S. А. Burtsev*

Samara State University of Economics (Russia, Samara)

Summary: the article views the history of formation of agencies which deal with the disciplinary responsibility of judges. Disciplinary responsibility of judges has complex legal nature and asks for appropriate approach in the research of it. Theoretical material and legal gaps are the reasons of imperfectness of the legal regulation of the given agency.

Keywords: disciplinary responsibility; disciplinary misdeeds; judiciary.

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* Sergey А. Burtsev, degree-seeking student of Civil and Arbitration Procedure Department, Samara State University of Economics, E-mail: sseu.process@gmail.com.

© S. А. Burtsev, 2014.

INFORMATION TECHNOLOGIES IN THE ACTIVITY OF THE COURTS Y. M. GAIDIDEI*

The North-Caucasus Federal University (branch of NCFU in Pyatigorsk)

Summary: the article considers the problems of Informatization of the courts of the Russian Federation. The author analyzes the positive  Informative extensions   of the courts and legislative news.

Keywords: civil proceedings; information; telecommunications technology.

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* Yliay M. Gaididei, professor of Civil Department, The North-Caucasus Federal University (branch of NCFU in Pyatigorsk), E-mail: sseu.process@gmail.com.

© Y. M. Gaididei, 2014.

INFORMATION TECHNOLOGIES IN THE enforcement proceeding E. S. Drouginkin*

Samara State University of Economics (Russia, Samara)

Summary: In article it is spoken about changes in legal regulation of performance of judicial acts in the light of new opportunities of use of modern information technologies. The author analyzes and generalizes available experience of interaction of various departments within performance of judicial acts.

Keywords: executive production; information technologies; collecting taxes; electronic document.

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* Evgueniy S. Drouginkin, degree-seeking student of Theory and History Law Department, Samara State University of Economics, E-mail: sseu.process@mail.ru.

© E. S. Drouginkin, 2014.

On the expert study of wages, pensions, stipends, allowances and other payments T. V. Koteneva*

Samara State University of Economics (Russia, Samara)

Sammary: Forensic accounting is the main evidence in the investigation of economic crime and the determination of the elements of non-payment of wages. Due to the fact that the trial of criminal cases of tax crimes, usually takes place without the forensic accounting expertise, the article considered its conduct in criminal proceedings in accordance with Art. 145.1 of the Criminal Code of Russian Federation.

Keywords: forensic accounting; the object of the crime; the methods of forgery expert-accountant.

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* Tatyana V. Koteneva, associate professor of the Samara State University of Economics, E-mail: kotenevatv@mail.ru.

© T. V. Koteneva, 2014.

Legal Status of Prosecutor in Legal Procedure D. А. Levichev*

Samara State University of Economics (Russia, Samara)

Sammary: The article views the legal status and authorities of public prosecutor in different kinds of legal process. The directions of improvement of legislation on prosecution and procedural law are formulated.

Keywords: legal status of public prosecutor’s office; judicial process; civil proceedings.

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* Danila А. Levichev, degree-seeking student of Theory and History Law Department, Samara State University of Economics, E-mail: sseu.process@mail.ru.

© D. А. Levichev, 2014.

Legal basis of forensic accounting in arbitration cases E. V. Chernomyrdina*

Samara State University of Economics (Russia, Samara)

Sammary: the legal foundation and specialty of forensic accounting in arbitration disputes were studied, and also the latest changes in the regulatory framework were take into account. Also we considered the procedural status of the assessor in the arbitration process.

Keywords: forensic accounting; the legal basis of the arbitration proceedings in the Russian Federation; the participants of the arbitration process; the trial.

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* Elena V. Chernomyrdina, degree-seeking student of Civil and Arbitration Procedure Department, Samara State University of Economics, E-mail: kotenevatv@mail.ru.

© E. V. Chernomyrdina, 2014.

ELECTRONIC DOCUMENTS CIRCULATION AND ITS ADVANTAGES O. F. USACHOVA*

Samara State University of Economics (Samara, Russia)

Summary: The article deals with main problems of implementation and usage of electronic documents circulation in different organizations and its methodical and organizational advantagescoherent with information and documentation aspects.

Keywords: electronic document; documents circulation; electronic (digital) signature.

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* Olga F. Usachova, degree-seeking student of Civil and Arbitration Procedure Department, Samara State University of Economics, E-mail: usachevaof@yandex.ru.

© O. F. Usachova, 2014.

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