Issue № 2, 29.06.2019
Nina. V. Yagupets
LAWYER’S ACTIVITY AIMED AT PARTICIPATION OF A SPECIALIST IN A CRIMINAL PROCEDURE AND REPRESENTATION THE INFORMATION
The article deals with issues of evidential importance of the specialist’s testimony and opinion compared with the expert in the criminal procedure. Establishing of powers of experts and specialists in the Russian law and the case law regarding reception of evidence are examined. The author concludes that the adversarial principle is infringed since the defense’s motion to submit the specialist’s opinon is usually dismissed in criminal cases while the expert’s opinion is binding.
Ekaterina V. Tarasova
THE CRIMINOLOGICAL CONCEPTION OF ABOLITIONISM: A REVIEW OF TRENDS AND KEY IDEAS
This article discusses one of the modern criminological trends – the concept of abolitionism. The author touches upon the essence, key trends, history and provisions of the current scientific thought, provides arguments in favor of the transformation of the criminal law system with the use of the ideas of abolitionists and restorative justice.
Ekaterina E. Stepanova
CRIMES AGAINST PEACE AND SAFETY OF HUMANITY: INTERNATIONAL REGULATIONS AND PRACTICE OF LAW ENFORCEMENT
The article is devoted to a comprehensive analysis of the administration of justice procedure established by the Rome Statute of the International Criminal Court and its jurisprudence to arraign on a criminal charge for the human rights violation. Research conducted includes the history of establishing the ICC, determination of its authority and composition. The special emphasis has been made on the jurisdictional distinguishing between national courts and the ICC. Summarizing, the author underlines the Russian Federation’s reasons for considering international criminal authority as non-effective and unifies national law enforcement practice.
Olga V. Neupokoeva
PRIVATE PREVENTION IN THE APPLICATION OF INPRISONMENT AS A CRIMINAL PUNISHMENT
The essence of private prevention as the purpose of punishments for crimes and the problem of its achievement in the application of such punishment as imprisonment are analyzed. It is noted that the high level of recidivism in Russia indicates the ineffectiveness of achieving this purpose. The author offers to reduce the negative consequences of the work of the penitentiary system by reducing the number of prison population, alleviating the conditions of detention, recruiting qualified staff for work in the penitentiary system, interacting with enterprises that provide work for convicts and et cetera.
Valeria V. Meshcheryakova
THE ISSUE OF DEFINITION OF THE ESSENCE OF THE CONTRACT IN LICENSE AGREEMENTS ON GRANTING RIGHTS TO USE MUSICAL PRODUCTS
The article deals with the actual question of definition of the essential terms of a license agreement granting the right to use musical products, which are widely used in commercial activities, and the copyrights to which are often violated. The author proves the importance of widening of the list of legally named essential terms of the license agreement: such as a subject of the contract, a method of a cession of rights, license territory, conditions of payment. For solving the problem of identification of such subject of the license contract as the musical product, it is suggested to widen the intellectual property’s list in the Russian Civil Code by certain musical products. The relevant positions of the legislator, scientists, as well as the judicial practice of courts of higher instances and lower courts, are analyzed.
Alexander Y. Lazarev
THE LEGAL STATUS OF THE WORLD PASSPORT
The article analyses the legal status of the World Passport as the document issued by the non-profit organization «World Service Authority». The author exemplifies different documents of identification and points out the distinctions between them and World Passports. Particularly the article highlights differences in World Passports’ usage in civil and administrative law relations and also fraudulent scums with them. During the analysis, the author founds out that such document could not be used as an identification instrument because it is absent in the acts which prescribes the list of legally necessary instruments of identification for citizens. Moreover, the inability of admitting World Passport’s validity is proved by the fact that it is issued by inappropriate authority
OBSERVATION AND TRANSCENDENCE
The article is devoted to the human’s preceprion process and particulary to the difference between what we can observe through perception and what is actually happening in the cosmos. In that course author exemplifies «context» (human will, wording in oral and written communications including grammar rules, policy and so on) as the main influencing force that impacts our understanding of the world through the «space-time-matter-energy-entelechy- -entropy» paradigm. In conclusion the author states that there are two simultaneous processes – observance as the reflection of the reality and transcendence as the imaginary amendments to what was observed within the perception by which human understanding of the world is constructed.
Anna O. Kovalchuk
PRISON OR COLONY: COMPARATIVE ANALYSIS
The subjects of the research are the comparative characteristics of prisons and colonies, their effectiveness in accordance with the objectives of the penal legislation, and shortcomings. The author points out such disadvantages of the system of colonies as inefficiency of employment measures and spreading of criminal subculture, proposes to change the system of correctional institutions into a prison system.
Leonid A. Vahrushev
INDEPENDENT GUARANTEE: CONTRACT PERFORMANCE BOND OR MEANS OF PAYMENT
The article is devoted to researching of the legal nature of independent guarantee. The author poses the question regarding the possibility of consideration of an independent guarantee as a form of payment under Russian law. The international regulation of independent guarantee relations (independent guarantees are treated as standby letters of credit) is analyzed. It has been proved that the Russian legislator opted for the differentiation of mechanisms of the independent guarantee and the standby letter of credit. Premised on the opinions established in the Russian civil jurisprudence and the results of the reform of law of obligation carried out in 2015 the author concludes in accordance with Russian law the independent guarantee is only contract performance bond.