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

State and legal regulation public relations
V.L. Akapev, PhD. (Candidate of Pedagogical Sciences) Putilin Belgorod Law Institute of Ministry of the Interior of Russia Е-mail: akapevvl@yandex.ru;
A.A. Droga Putilin Belgorod Law Institute of Ministry of the Interior of Russia Е-mail: ABulet@rambler.ru;
S.E. Savotchenko, PhD. (Doctor of Physical and Mathematical Sciences), assistant-professor Putilin Belgorod Law Institute of Ministry of the Interior of Russia Е-mail: savotchenko@hotbox.ru
  • The analysis of the concept of a public database is derived. The features of the legal nature of state and municipal databases are described. The signs of public interest of the using state and municipal databases are formulated. Key words: databases, information resources, information law, public interest.

State and legal regulation public relations
E.V. Grozina, PhD. (Candidate of Juridical Sciences), assistant-professor East-Siberian Institute of the Ministry of Internal Affairs of Russia Е-mail: ms.zima180@mail.ru
  • The article is devoted to the development trends of the modern Russian state, which affect the effective functioning of the state, reflect its meaning. The same requirements which must meet the rule of law, especially manifested in the implementation of the main features of the rule of law. In our country, the main features are specific characteristics in the implementation of the democratic regime, in the exercise of democracy. Features of the political system of society affect the development of the state as a whole. The importance of the political system is reflected in the development trends of the state, such as the rule of law, the quality of legal norms, and the presence of legal structures, the implementation of human and civil rights and obligations, the relationship of natural rights and subjective rights of citizens, the separation of powers, the level of legal awareness and legal culture of citizens, their attitude to law and the law. Key words: rule of law, rights and freedoms of citizens, separation of powers, mutual responsibility.

State and legal regulation public relations
L.I. Ivardava postgraduate student of the Institute of Legislation and Comparative Law under the Government of the Russian Federation Е-mail: Ivardava@bk.ru
  • The question in the description and definition of the modern legal order is a very significant issue, both in academic science and in practical exposition in the writings of practicing lawyers. The main difficulty lies in the multilevel structure of such a phenomenon as the rule of law and depending on the rule of law as such from other forms of human activity. In this case, the rule of law makes sense to study not only through the prism of jurisprudence, but also from the point of view of sociological, psychological and economic sciences. The author has tried from the theoretical point of view and from the standpoint of legal science to define the scope of legal regulation in the context of modern law and order, and to indicate its possible limits in this study. Strictly speaking, the study consists of two large parts – the first will pay attention to such concepts as the modern legal order and the sphere of legal regulation. In this part, the correlating aspects of both aspects will be indicated. In the second part, an attempt will be made to determine the current forms of the limits of legal regulation, starting from previous definitions of the sphere of legal regulation in the current legal order. Key words: legal regulation, law and order, sphere of legal regulation, limits of legal regulation, jurisprudence

State and legal regulation public relations
L.G. Konovalova, PhD. (Candidate of Juridical Sciences), assistantprofessor Russian Presidential Academy of National Economy and Public Administration, Altai Branch E-mail: vaskova82@yandex.ru
  • The article is devoted to the analysis of the discussed issues of the science of constitutional law in relation to the sources of parliamentary law: the forms of the regulatory act of parliament, the legal force of the parliament’s regulations, the recognition of judicial acts and international documents as sources of law regarding the regulation of representative institutions. An author’s position on the advisability of internal regulation of parliamentary procedures by by-laws is expressed. It is noted that the international regulation of the status of the parliament is primarily aimed at popularizing this institution, and the positions of the bodies of constitutional control are not uniform, which is predetermined by the discussion of the provisions of the theory of parliamentarism. Parliamentary law is proposed to be viewed not as an independent branch of law, but as an integral part of constitutional law. Key words: parliament, deputy, source of law, parliamentary law.

State and legal regulation public relations
G.A. Manukyan Vladimir State University E-mail: gor_manukyan91@mail.ru
  • The article examines the experience of international activities of the subjects of the Russian Federation in the first decade of the XXI century. At this stage, the regulatory and institutional framework of the international activities of the subjects of the Russian Federation receives its logical conclusion. The established mechanisms allowed to determine the areas of coordination of the Federal center and the regions on the implementation of their constitutional rights to international and foreign economic relations. The main forms of international activity of the subjects of the Russian Federation at the present stage are determined. The author on the basis of the analysis of existing external factors determines the direction and prospects of development of international activities of the subjects of the Russian Federation. Key words: international activity of subjects of the Russian Federation, Eurasian economic space, members of the Commonwealth of Independent States.

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
  • The article deals with the problem of the formation of the principle of public reliability in Russian law. There is the classification, bases on the organization, functions of public registers in the article. The article analyzes the current issues of ensuring the rights of participants in property relations in the field of state registration, the criteria for the reliability of the information. Based on the system analysis of legislation and law enforcement practice, it is shown that the publicity of property registers and legal expertise aimed at ensuring their reliability do not always provide the necessary level of security for users. It is stated that there is no General legal regulation of state registers, the rules of which are determined by specific branches of law and departmental regulations. In this regard, it is proposed to adopt common requirements and principles of public registers, which will not only create the prerequisites for openness, but also the possibility of creating a single information resource or operator, for example, within the portal of public services. In this regard, the gaps in the legal regulation of the state registration mechanism are identified and proposals for its improvement are formulated. Key words: register, publicity, public credibility, civil turnover.

State and legal regulation public relations
A.A. Yuritsin postgraduate student of Dostoevsky Omsk State University E-mail: JurAlexandr@yandex.ru
  • The article is devoted to the problems of power in the framework of legal science. The author focuses on the fact that despite the primacy of power in relation to many social phenomena, including state and law, the existing ideas about power and its varieties are made up of contradictions, therefore, are not scientifically relevant. The solution of the indicated problem is supposed to be done through explication of key dilemmas, which, one way or another, fall under most of the theories of power, which allows us to visually explore the causes of existing differences and propose the concept of a systemic understanding of power in legal science. The author draws attention to the importance of reductionism and unwarranted generalization as the key logical errors of the scientific understanding of power. The work highlights the importance of the anthropology of power, which is used to substantiate some of the shortcomings of the Marxist understanding of law and state power, which incorrectly characterize the determinism of social processes. Key words: power, absolute (general) relations, dilemmas of perception of power, the paradigm of legal science, legal anthropology, legal ethnography, Marxism, religious cult, primitive man.

Administrative law and administrative process
I.V. Glazunova, PhD. (Candidate of Juridical Sciences), assistant-professor Dostoevsky Omsk State University E-mail: irine.glazunovoi@yandex.ru;
A.F. Algazina, PhD. (Candidate of Juridical Sciences) Dostoevsky Omsk State University E-mail: anna_masalab@mail.ru
  • The article is devoted to the jurisdictional function of self-regulatory organizations, the content of which is to consider these organizations complaints against their members and cases of violation of its members with standards and rules of self-regulating organizations, conditions of membership in self-regulating organization, the application of disciplinary measures against its members. Analysis of peculiarities of selfregulating organizations jurisdictional functions has allowed the author to conclude that the legal status of self-regulating organizations needs to be defined. Key words: self-regulation, self-regulating organization, jurisdictional function, disciplinary proceedings, complaint.

Administrative law and administrative process
Ju.A. Kriger, PhD. (Candidate of Juridical Sciences), assistant-professor Barnaul Law Institute of the Ministry of Internal Affairs of Russia E-mail: y.aleks@list.ru;
E.A. Fedyaev Barnaul Law Institute of the Ministry of Internal Affairs of Russia E-mail: fea55@mail.ru
  • The article analyzes the legislation regulating the stage of commencement of proceedings on administrative violations. The problems arising at the commencement of proceedings on administrative violations against unknown person are investigated. The authors propose to improve the legislation on administrative violations, examine typical options for law enforcement, including the emerging jurisprudence. Key words: commencement of proceedings on administrative violations, unknown person, administrative investigation, procedural means, internal affairs bodies.

Administrative law and administrative process
A.P. Opalsky, PhD. (Doctor of Economic Sciences), professor National Research Institute of the Ministry of Interior of the Russian Federation E-mail: apo2004@yandex.ru;
V.V. Tyryshkin, PhD. (Candidate of Juridical Sciences) Barnaul law Institute of the Ministry of Internal Affairs of Russia E-mail: witsan333@yandex.ru
  • The article deals with topical issues related to the need for the use of certain methods of analytical work in the public administration of internal affairs bodies, successfully implemented in the financial and economic activities of commercial organizations, as well as in the management of law enforcement agencies of foreign states. Such methods as factor analysis, SWAP-analysis, STEP-analysis, functional and cost analysis are described in detail, as well as the positive aspects of their application in the strategic analysis of law enforcement activities of the internal affairs bodies of the Russian Federation are presented. Besides the expediency of fixing of the above methods of analytical work is proved in the departmental regulations of the Ministry of Internal Affairs of the Russian Federation. Key words: strategic analysis of management activities, factor analysis, SWOP-analysis, STEP-analysis, functional and cost analysis, the effectiveness of the internal affairs bodies.

Administrative law and administrative process
E.V. Yakovleva postgraduate student of Tomsk State University Barnaul Law Institute of the Ministry of Internal Affairs of Russia E-mail: kasteban@yandex.ru
  • The article analyzes the problem associated with the use of different terminology by the legislator in relation to the official documents, which are the subjects of offenses against the order of management. Based on the analysis of types of documents, the author formulated the conclusion about the groundlessness of recognition of the subject of the offences referred to in Art. 19.16 and 19.17 of the Administrative Offences Code of the Russian Federation, only the passport of the citizen of the Russian Federation and the need for its exclusion from the provisions of these articles. Examining the ratio of elements of the compositions provided for in Art. 19.23 of the Administrative Offences Code of the Russian Federation and Art. 327 of the Criminal Code of the Russian Federation, the author marks out the main features that allow for delimitation them from each other. Key words: order of management, official document, forgery, administrative responsibility, the person who has committed offense, forgery purpose.

Criminal law, criminology, criminal and executive right
P.R. Bazarov, PhD. (Candidate of Juridical Sciences) Kikot Moscow University of the Ministry of Internal Affairs of Russia E-mail: Blogbox66@yandex.ru
  • The article is devoted to the questions of public danger of the act and its criminal law characteristics. It is on the basis of the information of the Ministry of Internal Affairs of Russia on quantitative indicators of crime, the Ministry of nature and ecology of Russia on the level of pollution of sea waters, as well as criminal law analysis of the main crime under part 1 of Art. 252 of the Criminal Code of the Russian Federation, environmental legislation and scientific works. Key words: pollution, marine environment, public danger, crime.

Criminal law, criminology, criminal and executive right
S.V. Borisov, PhD. (Doctor of Juridical Sciences), assistant-professor Kikot Moscow University of the Ministry of Internal Affairs of Russia E-mail: svb8@yandex.ru;
A.A. Chugunov, PhD. (Candidate of Juridical Sciences) Kikot Moscow University of the Ministry of Internal Affairs of Russia

Criminal law, criminology, criminal and executive right
M.A. Bugera, PhD. (Candidate of Juridical Sciences), assistant-professor Volgograd Academy of the Ministry of the Interior of Russia Е-mail: ma.bugera@mail.ru;
O.M. Shaganova, PhD. (Candidate of Juridical Sciences) Barnaul Law Institute of the Internal Affairs Ministry of Russia Е-mail: olga.shaganova@yandex.ru
  • Age characteristic of the injured juvenile, which is important for the expertise of the acts under articles 150, 151 of the Criminal Code of the Russian Federation, is studied on the basis of the law application and on the analysis of the legal literature. The problem of the adult perpetrator criminal liability for the engagement of the juvenile in committing a crime is also analyzed. The possible ways of the expertise when committing acts under articles 150,151 of the Criminal Code coinciding with the provisions of the institute of complicity are estimated. It is stated that there is no uniform approach as among the scientists, so in judicial practice. Some changes are proposed to be made in the resolution of the Supreme Court Plenum. Key words: juvenile, engagement in committing a crime, a special kind of incitement, the age of criminal liability, complicity, consequential perpetrator.

Criminal law, criminology, criminal and executive right
N.N. Bugera, PhD. (Candidate of Juridical Sciences), assistant-professor Volgograd Academy of the Ministry of the Interior of Russia Е-mail: knn.76@mail.ru;
O.N. Shtab, PhD. (Candidate of Pedagogical Sciences) Barnaul Law Institute of the Ministry of Internal Affairs of Russia Е-mail: shtabon@mail.ru
  • Within the framework of the current legislation, the solution of one problem gives rise to a new one. Thus, the exclusion of repeated crimes and amendments to art. 17 of the Criminal Code of the Russian Federation led to a dual interpretation of the sign «against two or more persons» in different compositions of crimes. This feature is analyzed in modern judicial practice and current explanations of the Plenum of the Supreme Court of the Russian Federation. In particular, it is concluded that the murder of two or more persons committed at different times without a single intent cannot be a single crime. In addition, the authors support the view that the qualifying feature provided for in the separate articles of the Special part of the Сriminal Сode cannot refer to the exception specified in part 1 of article 17 of the Сriminal Сode. Key words: set of crimes, two or more persons, continued crime, single intent, simultaneity, multi-timing, multiplicity of crimes.

Criminal law, criminology, criminal and executive right
A.L. Lebed the Herzen State Pedagogical University of Russia Е-mail: aleo.varlamova@gmail.com
  • This article presents a study of unregistered «in-store» crime in the Siberian Federal District, namely, the analysis of detentions of persons committing thefts from shops («shoplifters») under Article 7.27 of the Administrative Offenses Code of the Russian Federation and Article 158 of the Criminal Code of the Russian Federation by security companies in retail chain stores of the «hypermarket» format as part of a criminological analysis of shoplifting retail network in Russia. The proposed typology of unlawful activity of visitors in the retail network reveals not only the existing criminal law risks in retail trade, but also is a preparatory measure for planning and carrying out appropriate preventive measures. Key words: unregistered crime, typology, detention of visitors, retail chain stores, prevention.

Criminal law, criminology, criminal and executive right
A.L. Repetskaya, PhD. (Doctor of Juridical Sciences), professor, Honored Lawyer of the Russian Federation Irkutsk State University;
T.A. Malykhina, PhD. (Candidate of Juridical Sciences), assistant-professor East Siberian Institute of the Ministry of Internal Affairs of Russia E-mail: malykhina_t@mail.ru
  • The article presents the main problems of the qualification of the act provided for in Art. 256 of the Criminal Code of the Russian Federation (illegal catch (catch) of aquatic biological resources), in the presence of qualifying signs. The authors analyze the difficulties that arise in solving the issues of delineation of this crime with adjacent compounds. The revealed problems of the qualification of illegal catch (catch) of aquatic biological resources and the ways of their solution are based on the analysis of the materials of the judicial and investigative practice, as well as the Supreme Court decisions that give judicial interpretation of the issues of the qualification of this act. In addition, the conducted analysis of the degree of public danger of the crime in question made it possible to come to the conclusion that it is necessary to protect water biological resources more effectively, including criminal, from unlawful attacks. Key words: ecological safety, ecological crimes, illegal mining, catch, aquatic biological resources, qualification of crime, differentiation with adjacent compounds.

Criminal law, criminology, criminal and executive right
S.N. Shatilovich, PhD. (Candidate of Juridical Sciences), assistant-professor Tyumen Advanced Training Institute of the Ministry of the Interior of the Russian Federation E-mail: shatisergei@yandex.ru
  • The article deals with the legal and organizational issues of inevitability of disciplinary responsibility and other negative consequences of employees of the internal affairs bodies for driving in a state of intoxication. The author analyses the current judicial practice in civil cases of dismissal for this offense, discrediting the honor of the police officer. There is an analysis of the current legislation of the Russian Federation in this area. The author formulates a conclusion about the inevitability of dismissal from the police Department of the employee and other negative consequences for employees of the internal affairs bodies for driving in a state of intoxication at the present time. Attention is drawn not only to the importance of the legislative resource, but also the need to activate preventive measures in the framework of countering the driving in a state of intoxication. In addition, foreign legislative experience in this field is analyzed. Key words: legal and institutional framework, staff, internal affairs bodies, the inevitability, disciplinary liability and other negative consequences, driving, intoxication

Criminal law, criminology, criminal and executive right
V.M. Shenshin, PhD. (Candidate of Juridical Sciences) Saint-Petersburg military Institute of National Guard Troops of the Russian Federation Е-mail: vitya-shen@mail.ru
  • A criminal act in the area of environment is qualified as a crime of little gravity or the person who committed it does not have a sufficient degree of public danger. The negative consequence of the conviction in this case is not quite adequate to the nature of the environmental act and the personality of the convicted person. The proposed changes to the criminal legislation in the area of environment will create conditions for the removal from the scope of the criminal law, as well as from the scope of criminal responsibility a significant number of persons, establishment of their punishment not related to deprivation of liberty. Key words: criminal offense, criminal, environmental policy, environmental security, environmental crime.

Criminal trial, criminalistics, forensics, operatively-search activity
N.V. Arsenova, PhD. (Candidate of Juridical Sciences) Barnaul Law Institute of the Ministry of the Internal Affairs of Russia E-mail: androsenkon@mail.ru
  • The article studies the procedural forms of recognition by a person of guilt in a crime received during the verification of a crime report. The author highlights among them the surrender and explanation of the person incriminating himself in the crime. The author examines the scientific points of view on the evidentiary value of the materials of the pre-investigation check, the decision of the Constitutional Court of the Russian Federation and the judicial practice of use as evidence of surrender and explanation of the person. It identifies and analyzes the requirements that a confession must meet in order to be considered evidence in a criminal case. It is noted that the lack of legally regulated procedural order of receipt and registration of surrender and explanation entails the complexity of law enforcement. Particular attention is drawn to the need to clarify the rights of a person when receiving a confession from him during the verification of a crime report. The author provides and substantiates a list of these rights in the article. Key words: confession of guilt, surrender, explanation, verification of a crime report, proof.

Criminal trial, criminalistics, forensics, operatively-search activity
E.V. Gulina postgraduate student of Buryat State University E-mail: gulinaalyona@mail.ru
  • The analysis of data on criminal corruption in higher education institutions and the shortcomings in the practice of their identification and investigation gives the author grounds to conclude that it is necessary to develop an appropriate forensic methodology. The main areas of investigation are outlined. Among the first and the main - the priority of identifying and investigating not only and not so much “grassroots” corruption crimes on the part of teachers and students, as is most often the case in law enforcement practice, but primarily “apical” encroachments by individual representatives of the leadership of universities and bodies education management, systematic criminal corruption (and related) activities of organized criminal groups in this area. Key words: corruption crimes in higher educational institutions, areas of investigation, forensic methodology, teachers, students, higher education.

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;
S.I. Davidov, PhD. (Doctor of Juridical Sciences), assistant-professor Barnaul Law Institute of the Ministry of Internal Affairs of Russia E-mail: davidov_ord@mail.ru
  • The article studies the prohibition by the authorities (officials) carrying out operative-investigative activity to incite, corrupt, induce, directly or indirectly, to commit unlawful acts (provocation) under art. 5 of the Federal Law «About Operative-Investigative Activity». The authors raise and analyze such problematic aspects of the prohibition as the concept and criteria of provocation from the standpoint of the science of investigative activity and criminal law. Provocation is analyzed in four conventional planes: law, linguistic meaning, theory, practice. Special attention is paid to judicial practice, considering cases on the declared subject: the Supreme Court of the Russian Federation, the European Court of human rights. Key words: operative-investigative provocation of a crime, inducement, incitement to commit illegal actions.

Criminal trial, criminalistics, forensics, operatively-search activity
D.A. Mikhaleva, PhD. (Candidate of Juridical Sciences) Barnaul Law Institute of the Ministry of Internal Affairs of Russia E-mail: dashutka.81@mail.ru
  • The article is about some aspects of the activities of an investigator (inquiry officer) related to the study of the suspect’s (accused) personality during the investigation of crimes. The author provides an algorithm of actions for studying the personality, as well as a list of documents included in the materials characterizing the suspect’s (accused) personality. Particular attention is focused on the practical importance of studying the identity of the suspect (accused), both in the investigation of the crime and in the process of consideration of the criminal case in court, which contributes to the implementation of the principle of individual punishment. The author notes that the delay in the study of the identity of the suspect (accused) may lead to a delay in the preliminary investigation. Key words: investigation of crimes, a suspect, an accused, activities of an investigator (inquiry officer) to study the suspect’s (accused) personality.

Criminal trial, criminalistics, forensics, operatively-search activity
E.D. Nugaeva postgraduate student of Ufa Law Institute of the Ministry of Internal Affairs of Russia E-mail: elvira.nugaeva.76@mail.ru

Criminal trial, criminalistics, forensics, operatively-search activity
E.V. Prokofieva, PhD. (Candidate of Physical and Mathematical Sciences) Volgograd Academy of the Ministry of Internal Affairs of Russia E-mail: olenyonok83@mail.ru;
O.S. Yakutina Volgograd Academy of the Ministry of internal Affairs of Russia E-mail: Sharov.vikt@yandex.ru
  • The article presents studies on the establishment of new possible, alternative ways to carry out fingerprints left by fatty contamination. Studies are being conducted to determine the effectiveness of coarse and finedispersed dactyloscopic powders of various manufacture, as well as luminescent fingerprinting powder to observe fingerprints of this type on different surfaces. Key words: fingerprints, dactyloscopic powder, forensic technique, fingerprinting, new means of detection.

Criminal trial, criminalistics, forensics, operatively-search activity
E.I. Tretiakova, PhD. (Candidate of Juridical Sciences) Eastern Siberia Institute of the Ministry of the Interior of the Russian Federation Е-mail: elena-ang@mail.ru
  • Obviously, scientific and technological progress has an impact on all areas of activity, including criminal. The use of modern information technology tools in criminal activity «qualitatively» changes its appearance, translates it into a remote environment, which in turn has a huge impact on the mechanism of trace formation, the specifics of which require the use of modern methods and means of its detection, fixation and seizure. The article reflects some problems that arise when fixing electronic-digital traces of a crime. Key words: traces of crime, information and communication environment, social networks, search, seizure, specialist.

Civil relations
S.N. Groshev, PhD. (Candidate of Juridical Sciences) East-Siberian Institute of the Ministry of Internal Affairs of Russia;
A.V. Izinger, PhD. (Candidate of Juridical Sciences) Tyumen Advanced Training Institute of the Ministry of the Interior of the Russian Federation Е-mail: alexander_16.08@mail.ru
  • Traditionally it is believed that the rights of women are violated in the Russian Federation. From the point of view of individual legal issues, the article touches upon the issue of gender-based discrimination. The author of the article analyzes the mechanism of legal regulation in the sphere of legal nature handling, taking into account the gender criterion and the practice of its application. The data of official statistics are investigated due to its concerning law enforcement activities in the field of alimentary payments, conscription services, pensions, maternity capital and other elements and determining the legal status of a person in the context of gender inequality. Key words: discrimination, family, alimentary payments, maternity and childhood protection, maternity capital, pensions, civil society, gender asymmetry.

Civil relations
D.A. Malbin, PhD. (Candidate of Juridical Sciences) The Russian State University of Justice Е-mail: dm_malbin1504@list.ru;
S.V. Melnik, PhD. (Candidate of Juridical Sciences), assistant-professor Lukyanov Orel Law Institute of the Ministry of the Interior of Russia Е-mail: m809sv@yandex.ru
  • The article deals with the issue of the possibility of the defendant’s statement about the admission of the plaintiff for the limitation period of actions at the stage of judicial debate. The authors criticizes this possibility and opposes such an approach. From the author’s point of view, the defendant’s statement that the plaintiff omits the limitation period of actions at the stage of judicial debate significantly violates the balance of the parties, violates the rights and interests of the plaintiff, and changes the model of litigation in disputes where the institution of limitation period is subject to application. Key words: lawsuit, term, limitation period, application of the limitation period, litigation, application.

Civil relations
A.V. Odinokova postgraduate student of Nizhniy Novgorod Academy of the Ministry of the Interior of Russia Е-mail: happygirl2101@mail.ru
  • Тhe article deals with the measures of increased civil liability in the context of a special subject composition. The approaches to understanding the measures of legal responsibility are analyzed. The article reveals the content aspect of measures of increased legal responsibility through the prism of state coercion and the status of a special subject. The author formulates a proposal on the concept of measures of increased legal responsibility of a special subject. The article analyzes the rules establishing measures of increased legal liability of special subjects, which are applied regardless of the presence of guilt in the event of adverse consequences for third parties in the form of harm. Cases of legislative fixing of measures of the increased legal responsibility of the special subject are considered. Key words: increased legal responsibility, civil law, special subject, measures of civil liability.

Civil relations
D.V. Pyatkov, PhD. (Candidate of Juridical Sciences), assistant-professor Altai State University Е-mail: pitkov@yandex.ru
  • The article attempts to define the essence of a natural person from the positions of the Russian jurisprudence of the pre-Soviet period, taking into account the opinion of famous foreign scholars and the traditions of Roman law. The author suggests distinguishing between a human and a natural person, believes that this is not the same thing. Observations of the author and his conclusions are attached to the modern practice of bankruptcy of individual. An attempt was made to justify the expediency of legal regulation of bankruptcy in the situation when the debtor died. The death of a debtor as a human does not mean the disappearance of the corresponding natural person. The subject of legal relations can be preserved by the will of the legislator as long as this is necessary for the purposes of legal regulation. The features of a natural person as a civil personality of a human are shown. Attention is drawn to the fact that a natural person is one of the types of civil personality. Another type is legal entities. For natural person there is a constant dynamic, conditioned by changing human needs and the need to acquire new opportunities for participation in civil circulation. It is concluded that the state of full legal capacity for a individual is unattainable. The author claims that an individual entrepreneur as a subject of law is a natural person who existed before the state registration. The acquisition by a person of the status of an individual entrepreneur increases the scope of civil legal personality, but does not entail the emergence of another legal personality, the emergence of another subject of law. Key words: individual, subject of law, natural person, legal personality, personality, mask, entrepreneurial activity, individual entrepreneur.

Civil relations
A.M. Khuzhin, PhD. (Doctor of Juridical Sciences), assistant-professor Nizhniy Novgorod Academy of the Ministry of the Interior of Russia E-mail: alfirhuzhin@mail.ru;
A.V. Mikhin, PhD. (Candidate of Juridical Sciences), assistant-professor Nizhniy Novgorod Academy of the Ministry of the Interior of Russia E-mail: oksan_86@mail.ru
  • The article deals with the problems of execution of judicial acts, as well as the possibility of applying measures of influence on the debtor in cases of non-execution. The collecting of performing gathering, the Federal bailiff service of Russia deserve special scrutiny because of actions of court enforcement officersexecutors associated with its recovery are often disputed by the debtors on the subject of legality of the recovery. The use of a new type of court fine, providing protection to the creditor (claimant) is also of increased interest in the study. Key words: Federal service of court bailiffs of Russia, Executive production, performing collection, debtor, appeal of actions of judicial police officer-executor, the protection of the rights of the creditor, astrent.

Civil relations
O.S. Cherepanova, PhD. (Candidate of Juridical Sciences) Barnaul Law Institute of the Ministry of Internal Affairs of Russia Е-mail: olga41778@mail.ru
  • The article examines the problems of bringing to civil liability in the form of compensation for moral harm for committing property crimes. Based on the analysis of contradictory judicial practice in considering cases of this category, is formulated the conclusion about the necessity of legislative consolidation of the possibility of compensation for moral harm due to violations of the property rights of a citizen in the proof of causing the violation of moral and mental suffering Key words: moral harm, compensation, crime, a violation, property rights.
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