Altai Law Journal of Barnaul Law Institute of the Ministry of the Interior of Russia
Altai Law Journal

History of State and Law
A.A. Vasiliev, PhD. (Doctor of Juridical Sciences), assistant-professor Altai State University
  • The article presents the analysis of state-legal views of Ivan the Terrible. It reveals the ideal of absolute monarchy, the relationship of church and state, the concept of Orthodox Church of the Russian Tsar. The state ideal of the first Russian Tsar is considered in the context of the era, the life and the reforms of Ivan the Terrible. There is a conclusion about its contribution to the creation and preservation of Russian civilization and statehood. The author attempts to overcome one-sided, historically unjustified negative approach to life, attitudes and reforms of Ivan the Terrible. Key words: conservatism, tradition, autocracy, symphony, Orthodoxy.

History of State and Law
V.A. Suverov postgraduate student of the Shukshin Altai State Humanities Pedagogical University E-mail: vsuverov@bk.ru

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;
E.G. Ermakov, PhD. (Candidate of Juridical Sciences) Moscow University of the Ministry of Internal Affairs of the Russian Federation named after V.Y. Kikot

State and legal regulation public relations
M.A. Buchakova, PhD. (Doctor of Juridical Sciences), assistant-professor Omsk Academy of the Ministry of the Interior of Russia Е-mail: bm290163@mail.ru;
O.A. Dizer, PhD. (Candidate of Juridical Sciences), assistant-professor Omsk Academy of the Ministry of the Interior of Russia Е-mail: dizer77@mail.ru
  • The authors consider the philosophical category of morality as an important regulator of all spheres of society life, carry out its juxtaposition with the notion of morality. The modern processes of legal consolidation of morality in the Constitution of the Russian Federation and branch legislation are investigated. Key words: morality, good morals, society, law, values, constitutions, public morality.

State and legal regulation public relations
Ya.E. Verhoglyadov postgraduate student of Barnaul Law Institute of the Ministry of Internal Affairs of Russia E-mail: barnaullaw@mail.ru
  • This article analyzes the current situation in the field of countering extremism, approaches to the construction of a monitoring system by the state are examined. The author considers this activity in other areas of state legal policy, identifies ways to avoid duplication and ways to optimize monitoring regarding the subjects of its implementation. Key words: extremism, state legal policy, monitoring, system, strategy, counteraction.

State and legal regulation public relations
A.V. Golovinov, PhD. (Candidate of Philosophical Sciences), assistant-professor Altai State University E-mail: alex-golovinov@mail.ru;
Y.V. Golovinova, PhD. (Candidate of Historical Sciences)
  • The article discusses the importance of ideological diversity for a democratic state. The authors have shown that the Russian Constitution is not only political and legal, but also the ideological and theoretical basis of the current Russian legislation. The ideological component of the Russian state was formed on established by the act of the constitutional order. Key words: constitutional principle, ideological diversity, the Constitution, pluralism, democracy.

State and legal regulation public relations
V.M. Obukhov, PhD. (Doctor of Juridical Sciences), professor The International Institute of Economics and Law;
S.V. Troitski, PhD. (Candidate of Juridical Sciences) Moscow State Institute of International Relations (University) of the Ministry of Foreign Affairs Russian Federation

State and legal regulation public relations
A.S. Selivanov Barnaul Law Institute of the Ministry of Internal Affairs of Russia E-mail: sas_barn2006@mail.ru
  • The category «juridical technology» is investigated in the article. The author gives examples of types of juridical technology and their classification on the basis of the last achievements of the general right theory on the matter. It is proved the position of allocating an independent type of juridical technology (which purpose is verification of law-enforcement acts) on the basis of the developed criteria. Key words: law-enforcement acts, juridical technology, law-making technology, law-enforcement technology, interpretative technology.

State and legal regulation public relations
A.M. Shaganyan, PhD. (Candidate of Juridical Sciences) Barnaul Law Institute of the Ministry of Internal Affairs of Russia E-mail: Sha-anneta@mail.ru
  • The article discusses the concept of guarantees of social and legal protection of police officers as the conditions conducive to the proper exercise of their rights and freedoms. The analysis of existing guarantees of legal and social protection of police officers assigned to the normative legal acts in the present, as well as a comparative study carried out with the guarantees contained in the Law of the Russian Federation «On Militia» and «Regulation on Service in Internal Affairs Bodies». The author concludes that there is a need to respect the principle of proportionality ratio guarantees of legal and social protection of employees of the Internal Affairs and the sanctions for offenses. Key words: guarantee, law enforcement officers, rights, freedom, social security, legal protection.

Administrative law and administrative process
Yu.V. Anokhin, PhD. (Doctor of Juridical Sciences), assistant-professor Barnaul Law Institute of the Ministry of Internal Affairs of Russia E-mail: anohin1963@rambler.ru;
S.Yu. Anokhina, PhD. (Candidate of Juridical Sciences), assistant-professor Barnaul Law Institute of the Ministry of Internal Affairs of Russia E-mail: asy0801@rambler.ru
  • The article reveals the meaning of legal protection and security of police officers. From general legal positions the authors also carry out an analysis of problems which arise in the law enforcement practice of police officers in identifying and suppressing of administrative offenses when police officers do not feel legal protection in the performance of their official duties. Key words: legal protection, police, guarantees of legality, regulation, detection and suppression of administrative offenses.

Administrative law and administrative process
E.V. Kashkina, PhD. (Candidate of Juridical Sciences) All-Russian Advanced Training Institute of the Ministry of the Interior of the Russian Federation E-mail: 000049@bk.ru;
А.G. Repev, PhD. (Candidate of Juridical Sciences) Barnaul Law Institute of the Ministry of Internal Affairs of Russia E-mail: repev-artem@yandex.ru
  • There is an analysis of the concept «bodily blows» in the article. The conclusions of the authors allow them to correlate structures of penal act and an administrative offense as «bodily blows», to allocate not only elements of their unity and distinction, but also interactions, and also formed in the legislation contradiction. Key words: administrative offense, decriminalization, public danger, special subject, penal act, human dignity, legal benefit.

Administrative law and administrative process
O.V. Mezhenina, PhD. (Candidate of Historical Sciences), assistant-professor Altai State University E-mail: MOW77@mail.ru
  • The article raises the problems of the contents of a service contract in the civil service in the Russian Federation. The position of contemporary Russian scientists on this aspect is analyzed subsequently. The author characterizes the essential and additional conditions of a service contract. This problem is compared with the peculiarities of the legal regulation of the employment agreement content. Key words: civil service, service contract, employment agreement, service contract conditions, civil agent.

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 E-mail: rav.kin@mail.ru

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;
O.P. Karnaukhov Barnaul Law Institute of the Ministry of Internal Affairs of Russia
  • The article discusses the problematic aspects associated with the actions of police officers if offenders disobedience to their legal requirement. The authors propose a reasonable plan of actions of police officers for statutory compliance in the suppression of the facts of disobedience of the legal requirement. Key words: disobedience of the legal requirement of a police officer, administrative responsibility, plan of actions, the basic duties of a police officer.

Administrative law and administrative process
S.V. Shmelkova postgraduate student of Management Academy of the Ministry of Internal Affairs of Russia E-mail: Svetuscha@yandex.ru
  • Organizational and legal issues in the formation managerial personnel of the territorial bodies of the Ministry of Internal Affairs of Russia are relevant in view of ongoing reforms of the Ministry of Internal Affairs of Russia and public administration review, require studies of the regulation of personnel policies not only in the MIA of Russia, but also in law enforcement. It is necessary for both the theory and practice to study comprehensively problems of formation managerial personnel of the territorial bodies of the Ministry of Internal Affairs of Russia (District Department of Internal Affairs of Russia) tacking into account the social and legal aspects and their revision. Key words: managerial personnel, government, replacement, personnel, chief, service, formation.

Criminal law, criminology, criminal and executive right
I.V. Botvin, PhD. (Candidate of Juridical Sciences) Barnaul Law Institute of the Ministry of Internal Affairs of Russia E-mail: botviniv@mail.ru
  • This article examines expanded content of the subject of crimes contained in Chapter 21 of the Criminal Code of the Russian Federation. The author comes to the conclusion about the necessity of legislative regulation of criminal responsibility for offences against gas, electric and thermal energy. It is on the basis of empirical data. Key words: crimes against property, the subject of crime, property, gas, electrical energy, thermal energy

Criminal law, criminology, criminal and executive right
S.S. Galakhov, PhD. (Doctor of Juridical Sciences), professor, honored law enforcement officer of the Russian Federation Scientific-Research Institute of the Federal Penal Correction FSIN of Russia

Criminal law, criminology, criminal and executive right
M.I. Daniluyk postgraduate student of Barnaul Law Institute of the Ministry of Internal Affairs of Russia
  • This article considers the questions of criminal liability for false denunciation according to the legislation of the countries of Romano-Germanic and Anglo-American legal families. Elements of those offences which have similarities with the composition of known false denunciation in the Criminal Code of the Russian Federation were considered in study of foreign criminal law. The result of a comparative legal analysis of these standards revealed the approaches, the application of which in the domestic legislation would facilitate the resolution of controversial issues related to the qualification of the offence under article 306 of the Criminal Code of the Russian Federation. Key words: lie, delation, self-incrimination, simulation of crime, criminal liability, legislation, legal family, crimes against justice.

Criminal law, criminology, criminal and executive right
A.V. Kuchenev postgraduate student of the Academy of the FPS of Russia E-mail: KuAV64@mail.ru
  • The author considers the topical issues of responsibility assignment to the employee of the Federal penitentiary service of Russia in the implementation of anti-corruption policy, focusing on the main measures of fight against corruption, logically proper locking in the legal field, inclined to their work capability in the body. However, considering the possibility of tolerance of corrupt behavior by an employee of the FPS of Russia the author proposes to apply all kinds of responsibility for prevention, restorative justice and segregation. Key words: anti-corruption policy, corruption, corrupt behavior, responsibility, law, anti-corruption.

Criminal law, criminology, criminal and executive right
S.M. Savushkin, PhD. (Candidate of Juridical Sciences), assistant-professor Kuzbass Institute of the FPS of Russia E-mail: savusertom@rambler.ru
  • The article deals with the issues related to the regulation of inter-branch institute of criminal and criminal-executive right, differentiation of convicted in historical aspects, foreign experience and international standards of execution of punishments, affecting its development. Particular emphasis is placed on the evolution and prospects of development of differentiation bases of sentenced to imprisonment. Key words: differentiation convicted, imprisonment, international penal standards.

Criminal trial, criminalistics, forensics, operatively-search activity
R.N. Borovskikh, PhD. (Candidate of Juridical Science), assistant-professor Novosibirsk Law Institute (branch) of Tomsk State University E-mail: borovskih80@yandex.ru

Criminal trial, criminalistics, forensics, operatively-search activity
S.V. Ermakov, PhD. (Candidate of Juridical Sciences) Barnaul Law Institute of the Ministry of Internal Affairs of Russia E-mail: ermaksv_alt22.@mail.ru
  • Analyzing the current approaches to the definition of «operational-investigation characteristics of crimes» the author formulates the definition «operational-investigative characteristics of Health Care bribery» and defines its elements. Key words: concept and elements of operational-investigative characteristics of bribery, health care bribery, health care corruption.

Criminal trial, criminalistics, forensics, operatively-search activity
M.S. Kolosovich, PhD. (Сandidate of Juridical Sciences), assistan-tprofessor Volgograd Academy of the Ministry of the Interior of Russia E-mail: 270619@mail.ru

Criminal trial, criminalistics, forensics, operatively-search activity
A.L. Koryakin, PhD. (Сandidate of Juridical Sciences) Judicial district 3 of Surgut district court of Surgut Khanty-Mansi Autonomous District – Yugra E-mail: alk1978@mail.ru
  • The author analyzes the Federal Law of July 3, 2016 № 323-FZ concerning the cases of private and private-public prosecution. The author concludes that the law enforcer and the position of the legislator to reduce the number of convicts in cases of this category, as well as to reduce the load on the justices of the peace, were not successful. Taking into account the statistical data the author predicts an increase in the number of convicted cases by private-public prosecution, provided Article 116 of the Criminal Code of the Russian Federation, among close relatives of the victim, as well as an increase in the load on the justices of the peace, for under their criminal cases. Key words: private prosecution institute, private-public prosecution institution, Statute of Criminal Procedure, Republic of Belarus legislation, Republic of Kazakhstan legislation.

Criminal trial, criminalistics, forensics, operatively-search activity
V.N. Omelin, PhD. (Doctor of Juridical Sciences), professor Scientific-Research Institute of the Federal Penal Correction FSIN of Russia
  • On the basis of scientific literature analysis the author formulates the proposals and recommendations regarding amendments and additions to the existing Federal Law of the Russian Federation of August 12, 1995 № 144-FZ «On Operatively-Investigative Activity». Key words: operatively-investigative activity, operatively-investigative procedures, other lawful actions, grounds for carrying out of operatively-search procedures, assistance of the citizens to the bodies carrying out operatively-search activities.

Civil relations
I.G. Bublik, РhD. (Candidate of Juridical Sciences), assistant-professor Barnaul Law Institute of the Ministry of Internal Affairs of Russia Е-mail: bublik.ivan@mail.ru
  • The article deals with the problems of legal regulation of the establishment and operation of nongovernmental organizations of law enforcement orientation. The term used by the legislator «business quality of people’s guards» is interpreted; the author proposes criteria for its determining. The positive experience of functioning of these associations is given in certain regions of the Russian Federation. Key words: nongovernmental organizations, voluntary people’s guards, nongovernmental organizations of law enforcement orientation, regional register.

Civil relations
P.D. Portyanova postgraduate student of Law Institute of South Ural State University E-mail: ivapola@mail.ru
  • The article is devoted to analysis of one type of legislative discreteness, namely, the inconsistency between principles of civil liability and the rules governing their use. It is concluded that it is necessary to legalize the institutional principles of civil liability, despite of their non-absolute character. Key words: discreteness of the legislation, types of discreteness, the principles of civil liability.

Civil relations
D.V. Pyatkov, PhD. (Candidate of Juridical Sciences), assistant-professor Altai State University Е-mail: pitkov@yandex.ru
  • The author of the article makes an attempt to answer the question if public and legal formations can realize directly business activity. The conclusion is civil legislature does not prohibit public and legal formations directly realizes business activity, but the decision of the given problem is in the sphere of antimonopoly legislature that imposes some restrictions on the public and legal formation activity. Key words: economic activity, business activity, public and legal formations, agreement, state and municipal property, privatization.

Civil relations
E.A. Ribalka, PhD. (Doctor of Philosophical Sciences), professor Rostov Law Institute of the Ministry of Internal Affairs of Russia
  • The article considers the problem of selection at the institute of civil liability of various forms of guilt, the ratio of civil offenses with force majeure. Key words: civil liability, fault, damage, negligence, indemnification
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