History of State and Law

V.V. Bedenkov degree-seeking student of Altai State University E-mail: bedenkov-1989@mail.ru

THEORETIC AND LEGAL PROBLEMS OF EDUCATION OF SACRED JUSTICE IN RUSSIA

The object of the study is the phenomenon of ordinary legal consciousness. The subject of this study is the theoretical ideas about the state and methods of education ordinary legal consciousness. The purpose of the article is a theoretical analysis of the problems of legal education of the ordinary sense of justice. The author used such research methods as dialectical, logical, system-structural, formal-legal. The result of the work was a set of general and special measures of legal education proposed by the researcher developed taking into account the current Russian legislation and law enforcement practice. It is concluded that it is possible to overcome legal nihilism, the formation and strengthening of the ordinary legal consciousness in Russia only with the systematic application of these measures. Key words: ordinary legal consciousness, legal culture, deformation of legal consciousness, legal nihilism, legal values, legal literacy, forms of legal education.

History of State and Law

D.V. Gribanov, PhD. (Doctor of Juridical Sciences), professor Ural State Law University E-mail: dvgribanov@mail.ru;
K.E. Kovalenko, PhD. (Candidate of Juridical Sciences), assistant-professor Altai State University E-mail: kovalenko1288@mail.ru;
N.E. Kovalenko Altai State University E-mail: barnaulforum@gmail.com

HISTORICAL FACTORS OF LEGAL CONSCIOUSNESS FORMATION IN THE RUSSIAN SOCIETY

The historical factors of the formation of the legal consciousness of Russian society are considered in the article. The stages in the development of the Russian legal consciousness were identified, which were mainly connected with the periods of development of socio-economic relations. The special attitude of society towards religion contributed to the position in the legal conscience of different settings. Key words: legal consciousness, princely power, legislation, statehood.

History of State and Law

O.V. Krasilov, PhD. (Candidate of Pedagogical Sciences), assistant-professor Barnaul Law Institute of the Ministry of Internal Affairs of Russia;
S.V. Manannikov Barnaul Law Institute of the Ministry of Internal Affairs of Russia E-mail: manannikov@buimvd.ru

SKI TRAINING IN THE SOVIET INTERNAL AFFAIRS BODIES IN THE 30-60-IES OF THE XXth CENTURY

The authors study the process of formation and development of ski training in the Soviet divisions of law-enforcement bodies in this article. There were increased requirements for physical training of law enforcement officers due to the difficult criminal situation in the USSR. The use of skis greatly facilitated the movement of snow in the Northern regions of the country. Departmental educational institutions have made a great contribution to the development of skiing. The development of ski training was reduced by insufficient public funding. Key words: ski training, employees, Internal Affairs bodies.

History of State and Law

Yu.N. Moskvitin, PhD. (Candidate of Historical Sciences) Barnaul Law Institute of Internal Affairs of Russia E-mail: moskw@yandex.ru

PROBLEMATIC ISSUES OF THE POLICE MANAGEMENT IN NOVONIKOLAYEVSK OF THE ALTAI DISTRICT OF THE TOMSK PROVINCE IN THE SECOND HALF OF THE XIXth – THE BEGINNING OF THE XXth CENTURY

The problematic issues of the organization of police department in the city Novonikolayevsk of the Altai district of the Tomsk province are considered, data on the number of police divisions are provided and also problems of organization of police activity are analyzed in the article. Key words: protection of public order, police, policeman, Tomsk province, Novonikolayevsk.

History of State and Law

A.N. Pomerlyan, PhD. (Candidate of Juridical Sciences), assistant-рrofessor Novosibirsk Military Institute named after General of the Army I.K. Yakovlev of National Guard Troops of the Russian Federation E-mail: pomerlyan_nvi@mail.ru;
V.E. Sanin, PhD. (Candidate of Juridical Sciences) Novosibirsk Military Institute named after General of the Army I.K. Yakovlev of National Guard Troops of the Russian Federation E-mail: sanin.vlad1983@yandex.ru

LEADERSHIP OF THE GENDARMERIE POLICE DEPARTMENT SIBERIAN RAILWAY (1893-1917)

Collective portrait of the chiefs of the gendarmerie police Department Siberian railway is composed on the basis of the authors’ research. This paper analyzes the data heads of department: ethnic and social origin, religion, educational level, total work experience, experience in gendarme units and others. The reconstruction of the collective portrait allowed revealing the peculiarities of personnel policy in the railway units of the gendarmerie in the late XIX – early XX centuries. Key words: head of the gendarmerie police department, the gendarmerie police of the Siberian railway, the Separate corps of gendarmes, Siberia, railway, appointment, activities, education, experience.

History of State and Law

S.P. Shatilov, PhD. (Candidate of Juridical Sciences), assistant-professor Barnaul Law Institute of the Ministry of Internal Affairs of Russia E-mail: shatilov_sp@mail.ru;
O.A. Shatilova, PhD. (Candidate of Historical Sciences), assistant-professor Barnaul Law Institute of the Ministry of Internal Affairs of Russia E-mail: shatilova_oa@mail.ru

PROSECUTOR’S SUPERVISION OVER LAW OBSERVANCE IN THE ACTIVITIES OF COURTS IN THE GREAT PATRIOTIC WAR (ON MATERIALS OF THE ALTAI REGION)

The historical and legal analysis of the activity of the prosecution agencies of the Altai Region on supervision of observance of legality by vessels during the Great Patriotic War is given in the article on the basis of archival materials. The following areas of activity of the prosecution agencies are subjected to detailed analysis: study of judicial practice in cases of different categories; the procedure of appeal is clearly mild, judicial sentences are excessively rigid; control over timely and prompt consideration of cases by the courts in view of preventing their red tape; work on elimination of errors made by the courts in the classification of offences. Key words: prosecutor’s office, prosecutor’s supervision, judicial practice, militia, law enforcement agencies, types of crimes.

State and legal regulation public relations

R.N. Danelyan, PhD. (Candidate of Juridical Sciences), assistant-professor Tyumen Advanced Training Institute of the Ministry of the Interior of the Russian Federation E-mail: ruzka@yandex.ru

DEVELOPMENT OF THE DOCTRINE OF THE RIGHT OF LAW ENFORCEMENT OFFICIALS TO HOUSING IN THE NATIONAL LEGAL SCIENCE

This paper investigates theoretical and practical issues of realization of the right to housing. The author considers historical aspect of scientific understanding of the content and essence of the right to housing, its legislative recognition in different periods of historical development of state and society, and in particular, the legislative consolidation of the right to housing of law enforcement officials. It is carried out a comprehensive historical and legal analysis of the housing legislation of the USSR, the RSFSR and the Russian Federation on the basis of which conclusions were formulated. Key words: right to housing, housing legislation, law enforcement agencies, social guarantees, housing provision for law enforcement officials

State and legal regulation public relations

L.K. Fazlieva, PhD. (Candidate of Chemical Sciences), assistant-professor Kazan Law Institute of the Ministry of Internal Affairs of Russia E-mail: lkfaz@mail.ru;
E.E. Ahmadieva Kazan Law Institute of the Ministry of Internal Affairs of Russia

CONSTITUTIONAL (AUTHORIZED) COURTS IN TERRITORIAL SUBJECTS OF THE RUSSIAN FEDERATION IN THE SPHERE OF PROTECTION THE RIGHTS AND FREEDOMS OF THE PERSON

The article reveals the role of the constitutional (authorized) courts in territorial subjects of the Russian Federation in the sphere of protection the rights and freedoms of the person. The conducted research allowed the authors to come to conclusions that the constitutional regional judicial body is an additional compliance assessment in the sphere of protection of constitutional rights and freedoms of citizens and counteracts emergence of contradictions between the legislation of the Russian Federation and its subjects. Key words: Constitutional court of the Russian Federation, constitutional (authorized) courts of territorial subjects of the Russian Federation, protection of the citizens’ rights and freedoms, decisions of the constitutional court of the Republic of Tatarstan, law-making of the constitutional (authorized) courts in territorial subjects of the Russian Federation.

State and legal regulation public relations

A.A. Yunusov, PhD. (Doctor of Juridical Sciences), professor Academy of the Federal Penitentiary Service of Russia Е-mail: abdulzhabar@mail.ru;
S.A. Yunusov, PhD. (Candidate of Juridical Sciences) Academy of the Federal penitentiary service of Russia Е-mail: samur_@mail.ru;
A.A. Alimov South Ural State University

ROLE OF THE JUSTICE PRINCIPLE IN SECURITY ENSURING OF A STATE

This article deals with the question of justice role in security ensuring of a state and world community. The notion «justice» and the essence of the justice principles are disclosed, and the ideas about the justice of outstanding scientists are considered. With this in mind, the authors substantiate the understanding of the state security under the conditions of building a multipolar world order as part of the security of the world community. Кeywords: justice, security, state security, world community.

State and legal regulation public relations

Yu.V. Anokhin, PhD. (Doctor of Juridical Sciences), assistant-professor Barnaul law Institute of the Ministry of Internal Affairs of Russia E-mail: anohinuv@buimvd.ru

A.S. MORDOVETS DOCTRINE OF THE SOCIAL AND LEGAL MECHANISM OF ENSURING RIGHTS OF MAN AND CITIZEN

The article is devoted to the main aspects of a very important and multifaceted problem of ensuring human rights set out in the work of professor A.S. Mordovets «Social and legal mechanism of ensuring the rights of man and citizen». Key words: mechanism, human rights, value of human rights, human dimension, social and legal mechanism of human rights.

State and legal regulation public relations

А.G. Repev, PhD. (Candidate of Juridical Sciences) Barnaul Law Institute of the Ministry of Internal Affairs of Russia Е-mail: repev-artem@yandex.ru

VIEW OF EQUALITY AND ADVANTAGES IN THE LEGISLATION FROM A POSITION OF VALUABLE APPROACH AND HUMAN MEASUREMENT (REREADING PROFESSOR A.S. MORDOVETS)

In honor of anniversary of one of the most visible national scientists-theorists, professor Alexander Mordovets the author subjects to judgment his works devoted to axiological subject and moral and legal aspects of legal life. The thesis about dialectic interrelation of advantages and values in the right is reasoned from a position of valuable approach to equality. Key words: A.S. Mordovets, legal advantage, values, respect, care, human measurement.

State and legal regulation public relations

A.A. Chesnokov, PhD. (Candidate of Juridical Sciences), assistant-professor Barnaul Law Institute of the Ministry of Internal Affairs of Russia Е-mail: chesnokovaa@mail.ru

CONFLICT OF LEGAL VALUES AS A FACTOR OF EFFECTIVENESS OF SOCIAL AND LEGAL MECHANISM OF ENSURING HUMAN RIGHTS AND FREEDOMS

The article deals with the problem of implementation of the Western concept of human rights in the Russian legal system on the basis of social and legal mechanism to ensure the rights and freedoms of man and citizen, the conclusion about reducing the effectiveness of this process in connection with the deep contradictions of mental attitudes of the population is made. Key words: rights, freedoms, personality, legal values, legal mentality.

Administrative law and administrative process

A.G. Bachurin postgraduate student of Saint Petersburg University of the Ministry of the Interior of Russia Barnaul Law Institute of the Ministry of Internal Affairs of Russia E-mail: vooky22@yandex.ru

ADMINISTRATIVE PROHIBITION FOR PARTICIPATION IN PUBLIC EVENTS

The article addresses some issues of administrative and legal opposition to unlawful acts in the sphere of public events in the Russian Federation. The system of existing administrative punishments established for violations of the order of organizing and holding rallies, demonstrations, marches and pickets is analyzed. Judicial practice and foreign experience are given. The author expresses the need to improve the institution of administrative responsibility. In particular, it is proposed to supplement the existing system of administrative liability with a new type of administrative punishment – an administrative ban on participation in public events. Key words: Administrative Offences Code of the Russian Federation, аdministrative responsibility, system of administrative punishments, рublic events, аdministrative prohibition.

Administrative law and administrative process

V.V. Golovko, PhD. (Doctor of Juridical Sciences), professor Omsk Academy of the Ministry of the Interior of Russia Е-mail:oma@mvd.ru

INTERNAL AFFAIRS BODIES AS THE SUBJECTS OF EXECUTION OF ADMINISTRATIVE PENALTIES FOR OFFENCES IN THE FIELD OF TRAFFIC

The article reveals the current trends in legislation related to the implementation of administrative penalties in the field of traffic, as well as the problems of administrative punishment. The author notes that the problem of execution of punishment in the theory of law has not yet been solved both at the theoretical and legislative levels, in addition, the activities of subjects of the execution stage, in particular the Internal Affairs bodies in the field of traffic, in the scientific literature has not been properly investigated. Key words: traffic safety, proceedings on administrative offenses, administrative punishment, traffic, execution of administrative punishment, execution of administrative punishment in the field of traffic.

Administrative law and administrative process

M.V. Davydov, PhD. (Candidate of Juridical Sciences) Orel Law Institute of the Ministry of the Interior of the Russian Federation named after V.V. Lukyanov E-mail: mdd86.m@yandex.ru;
A.Yu. Harybin, PhD. (Candidate of Juridical Sciences) Orel Law Institute of the Ministry of the Interior of the Russian Federation named after V.V. Lukyanov E-mail: akharybin@mvd.ru

THE PROBLEM OF CALCULATION OF TERM OF DELIVERY IN THE FRAMEWORK OF PROCEEDINGS ON ADMINISTRATIVE OFFENCES IN POLICE ACTIVITIES

The article deals with the calculation of term of delivery within the administrative law. The features of the beginning of the actual deprivation of liberty of a person in the framework of criminal procedure and administrative detention are studied. It is specified on need of refining of possible term of delivery of the citizen in premises of territorial authority of the Ministry of Internal Affairs of Russia. Key words: police, delivery, criminal procedural detention, administrative detention, freedom of movement, period, problems.

Administrative law and administrative process

A.V. Ravnushkin, PhD. (Candidate of Juridical Sciences) Barnaul Law Institute of the Ministry of Internal Affairs of Russia E-mail: ravnyushkin@mail.ru

IMPLEMENTATION OF THE COUNCIL OF EUROPE RECOMMENDATIONS ON THE PROTECTION OF WOMEN FROM VIOLENCE IN RUSSIAN ADMINISTRATIVE LAW: PROBLEMS AND PROSPECTS

The paper points out some reasons for the lack of an integral mechanism of administrative-legal and other means of prevention and suppression of offenses committed in the sphere of family and household relations in the Russian Federation. The state policy in the sphere of prevention of offences committed in the sphere of family and household relations should receive a new impetus through the adoption of recommendations of international acts acceptable to Russian society. In this regard, special recommendations adopted on the 30th of April 2002 by the Committee of Ministers of the Council of Europe on the protection of women from violence deserve close attention. Key words: crime prevention system, family relations, domestic violence, police, implementation of European norms.

Administrative law and administrative process

A.V. Ravnushkin, PhD. (Candidate of Historical Sciences) The Crimean branch of Krasnodar University of the Ministry of the Interior of Russia Е-mail: rav.kin@mail.ru

ON THE ADMINISTRATIVE-JURISDICTIONAL AUTHORITY IN SOME JOB CATEGORIES OF EMPLOYEES OF NATIONAL GUARD TROOPS OF THE RUSSIAN FEDERATION

The author of the article analyses the legislation concerning administrative jurisdictional powers of employees of private security, license and allowing work and the officials authorized for implementation of the state control (supervision) of Federal National Guard Troops Service which showed that, despite granting them, in general, powers on implementation of production on cases of administrative offenses is carried out, in particular, it is found that the listed employees are significantly limited in them. In order to reduce the burden on employees of Internal Affairs bodies, it is necessary to give these employees of Federal National Guard Troops Service powers to draw up protocols for committing the most common offenses that infringe on public order and public safety (Art. 20.1, 20.20, 20.21 of the Administrative Offences Code of the Russian Federation), directed against property (Art. 7.17, 7.27 of the Administrative Offences Code of the Russian Federation), as well as the application of measures to ensure production thereof. Key words: аdministrative and jurisdictional powers, Federal National Guard Troops Service, monitoring (supervision), protocol, private security, licensing work.

Criminal law, criminology, criminal and executive right

E.V. Demidova-Petrova, PhD. (Candidate of Juridical Sciences), assistant-professor Kazan Law Institute of the Ministry of Internal Affairs of Russia Е-mail: demidova.liza@gmail.com

ON THE CORRELATION OF THEORY AND PRACTICE IN PREVENTING JUVENILE CRIME

This article describes existing problematic aspects of prevention of juvenile crime in the Russian Federation. Noted that the causative factors in juvenile crime has not been modified, basically they remained the same, lying in the plane of the negative socio-economic and spiritual spheres. However, there are new their properties, such as the increase of the extent of their prevalence; aggressive impact which disproportionately opposed the measures of prevention suitable for relaxing in criminological terms the time of the state-controlled crime. Key words: crime, juvenile, juvenile delinquency, crime prevention juvenile, factors of juvenile delinquency, social control.

Criminal law, criminology, criminal and executive right

K.N. Karpov, PhD. (Candidate of Juridical Sciences) Omsk Academy of the Ministry of the Interior of Russia Е-mail: kkn83@mail.ru;
K.D. Nikolayev, PhD. (Candidate of Juridical Sciences), assistant-professor Omsk Academy of the Ministry of the Interior of Russia

QUALIFICATION OF CAUSING OF BEATING (ARTICLE 116 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION)

The authors analyze the law enforcement practice on the application of the Criminal Code of the Russian Federation regulating responsibility for causing of beating in the article. The article examines the existing approaches of the court to understand the signs of crimes under article 116 of the Criminal Code of the Russian Federation, the qualification of these acts and their distinction with related offences, and proposes recommendations for the application of the relevant rules of the Criminal Code of the Russian Federation. Key words: beating, violence, infliction of physical pain, violent actions, qualification

Criminal law, criminology, criminal and executive right

S.A. Komarikova Omsk Academy of the Ministry of the Interior of Russia E-mail: Sofia.komarikova@yandex.ru

SOCIAL AND LEGAL PREREQUISITES OF CRIMINALIZATION OF VIOLATION OF TRAFFIC RULES AND OPERATION OF THE VEHICLES WHICH HAVE CAUSED BODILY HARM OF MEDIUM GRAVITY

On the assumption of the views of different legal scholars as well as on the basis of the given examples from practical activities of courts and conducted sociological survey of citizens the author gives reasons for necessity of criminalization of causing bodily harm of medium gravity through negligence as the aftermath of the crime provided by the article 264 of the Criminal Code of the Russian Federation. Key words: criminal responsibility, social and legal prerequisites, violations of traffic rules and vehicle operation, causing bodily harm of medium gravity, traffic accident

Criminal law, criminology, criminal and executive right

S.V. Мartynenko postgraduate student of Siberian Law Institute of the Ministry of Internal Affairs of Russia E-mail: krk.point@yandex.ru

CAUSES OF YOUTH EXTREMISM IN THE WORLDWIDE NETWORK INTERNET AND ITS PREVENTION

The main reasons as well as the tendencies of development of youth extremism in the worldwide network Internet are considered in this article. Measures to prevent extremism among young people are proposed. Key words: youth, youth extremism, prevention of youth extremism.

Criminal law, criminology, criminal and executive right

T.А. Plaksina, PhD. (Doctor of Juridical Sciences), assistant-professor Barnaul Law Institute of the Ministry of Internal Affairs of Russia Е-mail: plaksinata@yandex.ru

RESPONSIBILITY FOR BATTERY IN CONNECTION WITH THE FORTHCOMING INTRODUCTION OF THE CONCEPT OF CRIMINAL OFFENSE

The article analyzes the proposed by the Supreme Court of the Russian Federation bill providing for the introduction of the concept of criminal offense in the Criminal Code of the Russian Federation. On the example of public legal responsibility for battery, the incompatibility of establishing the obligation of exemption from criminal liability for criminal offense for the first time and using of administrative prejudice as a means of criminalization was presented. The author concluded that the introduction into Russian law of the concept of criminal offense cannot be carried out without making changes in the Special part of the Criminal Code of the Russian Federation. Key words: battery, crime, criminal offense, administrative prejudice.

Criminal law, criminology, criminal and executive right

O.N. Shtab, PhD. (Candidate of Pedagogical Sciences), assistant-professor Barnaul Law Institute of the Ministry of Internal Affairs of Russia Е-mail: shtabon@mail.ru

PROBLEMS OF DEFINITION OF AN OFFICIAL DOCUMENT AS THE SUBJECT OF THE CRIME PROVIDED BY ARTICLE 325 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION

The article deals with the problem of determining of the subject of the crime – an official document – under article 325 of the Criminal Code of the Russian Federation, as well as its relationship with the passport and other important personal document. Judicial practice is analyzed in these categories of criminal cases. Key words: official document, passport or other important personal document, criminal responsibility, qualification problems.