Vol 5, No 4 (2018)

The article is devoted to the understanding of the war of meanings by the potential of a nonlinear religious extremist influence on the value-semantic core of the Russian community. The objectives of the nonlinear religious extremist influence on the value-semantic core of the Russian community are determined. The interrelation and interdependence of nonlinear religious extremist influence with Protestantism and pantheistic mysticism is substantiated

At each stage of historical development in the world there were problems that are of universal global character. Such a problem in the modern world is the problem of disarmament. The article studies disarmament as a principle of modern international law. Analyzing the content of the disarmament principle on the basis of the provisions enshrined in the UN Charter, states do not yet have a direct duty to disarm. This duty must be mediated through other rules that require States to do so, and the creation by States of such norms is their duty. Noting the difficulty of developing a mutually acceptable agreement on disarmament, the author shows the role of the UN General Assembly and the UN Security Council in defining the general principles of disarmament and developing concrete plans in this area. In this context, the work of the main organs of the United Nations, the author also considers the role of the Military Staff Committee as a subsidiary body of the UN Security Council. The author then examines the role of the UN Disarmament Commission. Despite the fact that the Commission is not directly called upon to draft specific draft agreements on disarmament, this, in our view, is possible because the possibility of considering specific disarmament plans is not excluded from the functions of the General Assembly. At the same time, the author notes that the activities of the Commission can not be outside the jurisdiction of the UN Security Council, since it is this body that is responsible for developing the final disarmament plans. An analysis of the international legal doctrine and existing international legal acts leads the author to the conclusion that in the modern international law the disarmament principle is being formed, which acquires a qualitatively different character with the adoption of the Treaty on the Prohibition of Nuclear Weapons

The article proves the expediency of applying the methodology of chrono-discrete mono-geography comparative jurisprudence when studying judicial transformations in the Russian Empire and the Russian Federation. The author proves that the judicial reforms of Emperor Alexander II and the judicial transformations late XX - early XXI century in their totality represent a chrono-discrete phenomenon. Examines the basic principles of the scientific school of chrono-discrete mono-geography comparative jurisprudence as applied to the study of Russian judicial reforms in the Russian Empire and the Russian Federation. In the paper it notes that the judicial transformation as a phenomenon include items such as 1) conceptual framework, ideas of reform; 2) judicial institutions; 3) theoretical and practical problems of implementation; 4) results; compliance, what happened, what was intended by the reformers; 5) attitude of the legal community and the public to reform on the whole and its separate institutions. The essential core of any judicial reform are newly constructed or transformed its institutions. Speaking of chrono-discrete judicial institutions, the author proposes to divide them into classical and non-classical. The first is the Institute of magistrate’s court, the juries and the Institute of bailiffs and institute of appeal. To non-classical chrono-discrete institutions include prosecutors and the legal profession. As the main comparable problems, characteristic for the studied periods, the author sees 1) the reforms “from above”; 2) the issue of financial support for reforms; 3) personnel problems; 4) problem of implementation of judicial reforms in space and time; 5) constant and numerous adjustment of normative legal acts, regulating the structure and activity of the relevant judicial institutions.

The authors refer to the topic related to the establishment of justice in the protection of such constitutional rights as the right to life, the right to health, the right to medical assistance in determining how individuals with special knowledge, namely, medical professionals act as subjects, facilitating the implementation of these rights and monitoring them through, including legal mechanisms. The issues of ambiguous interpretation of the term «medical error» and the competence of commission forensic medical examination in assessing the quality of medical care are considered. The author cites the classification of defects in the provision of medical care. The concept of «medical error» is not used, since the term «medical error» is indifferent to the law, it is replaced by the term defining any illegal action of the doctor, namely - «defect in the provision of medical care». The authors identify the following types of defects of medical care: deliberate iatrogenic (deliberate defect) is a defect of medical care resulting from intentional crime; iatrogenic careless (negligent defect) is a defect of medical care, including signs of careless crimes; erroneous iatrogenic disease (medical error) - defects in the provision of medical care associated with a conscientious delusion of a medical worker that do not contain signs of intent or negligence; accidental iatrogenic disease (accident) - defects in the provision of medical care associated with an unforeseen coincidence, which does not exclude the lawful actions of medical workers. On the basis of acquaintance with practice of rendering medical care in work it is noted that specific weight of defects of rendering medical care and medical mistakes is rather big. The paper notes the data of the Institute of Medicine of the National Academy of Sciences of the USA, giving the information of death due to medical errors in American hospitals. The paper deals with the subjective and objective causes of medical errors, the most common causes of medical errors are indicated. The data of monitoring of citizens’ appeals regarding the failure to comply with the provisions of the Federal Law of November 21, 2011 No. 323-FZ «On the fundamentals of protecting the health of citizens in the Russian Federation». Analyzed appeals of citizens of the Russian Federation, containing claims in view of improper performance by medical workers of their official duties. The materials are presented taking into account the appeal to the foreign experience of regulation of these issues.

The article deals with the doctrine of legitimate expectations in relation to the Russian tax sphere, which is popular in the European and American legal order. The main idea of the doctrine is the deterrence of the discretionary beginning of public authorities in the implementation of their activities. The promise given by the authorities forms a certain individual expectation, which is subject to protection if it is in the rank of «legitimate». Accordingly, the public authority is bound by this promise and is not free to change or cancel it; there must be a good reason and appropriate justification for making a decision that runs counter to formed expectations. The government must meet the expectations created by it, or at least to minimize the negative effect of the unpredictable deviation from this promise, including through the compensation mechanism. The reverse would mean arbitrary use of power and would contribute to an atmosphere of distrust of the law and the actions of the state. The legal positions of the Constitutional Court of the Russian Federation, revealing the principle of maintaining the trust of citizens to the law and the actions of the state as a form of manifestation of western doctrine in the Russian version. It is concluded that the sovereign rights of the state in the matter of taxation do not make its power absolute. The state is not only the bearer of power, but also the main guarantor of the rights and legitimate interests of the person (taxpayer). It is the legal principles and human rights that underlie his legitimate expectations, define the discretionary limits of powers and criteria of discretion of the authorities and act as a deterrent to the fiscal appetite

The object of science of the financial right is understood as the public relations arising in the course of activities for systematic education (formation), distribution and use of the public, municipal and other public foundations for realization of problems of public character. At the same time the problem of publicity or not publicity of the legal nature of some funds remains not resolved neither in science of the financial right, nor in the legislation of the Russian Federation that does nоt give the chance precisely to define limits of an object of science of the financial right. The obligation of formation and also the sizes which purposes and an order of use are provided by imperatively federal normative legal acts is about funds of funds of the private organizations. In particular, it is possible to carry indemnification funds of self-regulatory organizations, obligatory reserves of credit institutions, reserve funds of joint-stock companies, reserve fund of Association of Tour Operators to such funds in the sphere of outbound tourism, an indemnification fund of professional association of insurers on obligatory insurance by the citizen of responsibility of carrier for infliction of harm of life, etc. In article questions of the legal nature of separate funds of the organizations, including specifics and financial and legal features of their formation and use, relevant for financial and legal science, are considered. Provisions of the legislation of the Russian Federation and also a position of the leading erudite jurists of rather public or non-public legal nature of funds are analyzed. The attention is especially focused that funds have special-purpose character, are formed and used in public interests by the organizations equipped with public functions.

In the article, based on the analysis of doctrinal literature, law enforcement practice, the results of the survey of prosecutors and investigators questioning the issues of the institute of independence (independence) of the judge, the prosecutor and the investigator. These participants in the criminal process, performing key functions in criminal proceedings, need serious guarantees of the exercise of their special powers. At the same time, the study of relevant legislative acts leads to the conclusion that there are a number of problems whose solution will significantly increase the status of these officials and make them active participants in solving urgent problems of the population. On the one hand, the principle of absolute independence of a judge from the leadership of the judicial system, and on the other - the need to ensure the elementary organization of labor of “ordinary” servants of Themis. Likewise, the author sees a gap in the special powers of the investigator, who has the opportunity to practically independently resolve the criminal law tort, and an indicator of his real autonomy within the preliminary investigation body, which is characterized by an almost complete dependence on the leadership of the investigative body. In addition, the legislator does not form at all his attitude towards the internal independence of an employee of the prosecution authority. In view of the revealed organizational and legal problems of ensuring the independence (autonomy) of the judge, the prosecutor and the investigator, the author comes to the conclusion that it is necessary to more finely regulate the organization of work of these persons, in every possible way protecting them from outside interference

A subject of the real research is the criminal legislation of People’s Republic of China on responsibility for rape. In work object of the specified crime is investigated, characteristic of the victim and subject of offense is given, the content of signs of the objective and subjective parties of crime reveals. Also characteristic of the qualifying signs is given in article. It is noted that studying of the foreign legislation and practice of its application is important both from theoretical, and from practical the points of view. Experience of foreign legislators allows to consider possible negative consequences when reforming the domestic legislation. The analysis of judicial practice, opinions of the Chinese and domestic scientists, the kriminogenic and qualifying signs allowed to establish strong and weaknesses of the Chinese legislation regarding a regulation of responsibility for rape. The Russian and Chinese criminal legislation has many common features. In many respects it is caused by the long-term socialist direction of development of the Russian Federation and People’s Republic of China. Nevertheless, the Chinese criminal legislation in the studied part has certain differences. So, for example, social, cultural and political and legal features of the Chinese system did not allow it to develop balanced by criminal - a legal mechanism of protection of the person against sexual encroachments irrespective of his floor. Now in criminal law of People’s Republic of China there is no independent responsibility for violent acts of sexual nature with penetration (anal, oral sexual contact) concerning males (in Russia such actions form the corpus delicti provided by Article 132 of the Criminal code). Such actions, despite high public danger, on the current edition of the law can be qualified only as infliction of harm to health or as dissolute actions.

The presented article examines and analyzes problematic issues of application and interpretation of legal norms in the examination of communications and the investigation of criminal cases on illegal business (crimes under Art. 171 of the Criminal Code), in the provision of services for the carriage of passengers by air, on the specified type of activity, if air transportation is carried out with an excursion and other cognitive purpose. In particular, we are talking about the spread in recent years of the provision of paid services for the transportation of passengers by air for the purpose of sightseeing and familiarization flights, for the implementation of which, in the opinion of air carriers, a special permit (license) is not required. In addition, the question arises about the validity of the recognition of such entrepreneurial activity, especially if the airline that provides the service is a non-profit partnership. Activities in this area are examined on specific examples: similar services for aerotourism and helicopter excursions are provided, in particular, within the framework of the Heliport of Russia project, whose goal is to create the largest network of modern multifunctional helicopter systems throughout the country. From the decision of these questions depends presence or absence of signs of the given crime. Based on the analysis of legislation, various points of view of specialists, as well as judicial practice, the authors state their position and propose ways of solving these problems. The authors believe that in the presence of necessary conditions (extraction of income as a result of activity in a large or especially large amount), the activities of non-profit partnerships for the transportation of passengers by air transport while providing services for their excursion services, as well as «aerotaxi» services without an appropriate license, may contain a composition a crime under Art. 171 of the Criminal Code.

The article deals with the actual law enforcement problems associated with violations of legal norms by the bodies engaged in operational-investigative activities in the course of conducting and documenting operational-investigative activities «inspection of premises, buildings, structures, areas and vehicles». The analysis of norms of the Federal law of 12.08.1995 No. 144-FZ «About operational search activities», the criminal procedure code of the Russian Federation, departmental normative acts, decisions of the European Court of human rights and the constitutional Court of the Russian Federation, Plenum of the Supreme Court of the Russian Federation, and also the practice of prosecutorial supervision over implementation of laws in the implementation of operative-search activities, identified various approaches to the assessment of the legality of the survey of housing in the framework of the operational-search measures «inspection of premises, buildings, structures, areas and vehicles». On the basis of the obtained data, the problems were identified and some prospects for the development of the operational search activities were identified. The authors in this paper propose possible solutions to the identified law enforcement problems and measures to further develop the possibility of using the information obtained during the operational-search activities «inspection of premises, buildings, structures, areas and vehicles» for the formation of criminal procedural evidence in criminal cases. The authors state their position on the basis of the analysis of the current operational-investigative, criminal-procedural legislation and prosecutorial-Supervisory practice. The methodological basis of the study was made by General scientific and special methods of knowledge of law enforcement problems of conducting and documenting operational search activities «inspection of premises, buildings, structures, areas and vehicles», including the method of system-structural analysis, synthesis method, analysis method, comparative legal method, formal logical method, statistical method. As a result of the study revealed that the information obtained in the course of operational-search activities «inspection of premises, buildings, structures, areas of terrain and vehicles», can be the basis for the formation of criminal procedural evidence in criminal cases only in compliance with the legal norms of the bodies engaged in operational-search activities during the production and documentation of the operational-search activities. At the same time, the admissibility of evidence formed on the basis of the results of operational investigative activities presented in criminal proceedings is made dependent on the implementation of certain legal norms in the production of the operational investigative measures under consideration. In the legal literature, innovations in the legislation of Russia related to various aspects of conducting and documenting operational search activities «inspection of premises, buildings, structures, areas and vehicles» traditionally cause a lively discussion. However, up to the present time in science and did not have a consensus on the concept and essence of the considered operational search activities. Analysis of the practice of prosecutorial supervision over the execution of laws in the implementation of operational-search activity indicates different approaches to assessing the legality of the operational-search activities. Thus violations of the legislation in practice of the bodies performing quickly-search activity during carrying out quickly-search action «inspection of rooms, buildings, constructions, sites of the district and vehicles» is very difficult task. First of all, due to the high requirements of operational-search and criminal procedure legislation, the results of operational-search activity, to the process of proof in General, and to certain types of evidence that are formed in criminal proceedings on the basis of the results of operational-search activity.

Despite the increased public danger and the prevalence of criminal attacks on the environment, statistics show that since 2010 the officially registered environmental crime has a negative trend. The reasons for this are many, and they are, as shown by the study, to a greater extent subjective. The fact that the legislator classifies the majority of criminal violations of the environment (60%) as minor, difficulties in investigating the facts of criminal pollution of the environment, the minimum Statute of limitations of criminal liability lead to the fact that combating environmental crimes is not a priority in the activities of law enforcement agencies. As a result, the reduction in the number of registered environmental crimes occurs against the background of the growth of administrative offenses. This is facilitated by the lack of clear, regulatory features that allow to distinguish between these types of responsibility, which often leads to an excessively broad law enforcement discretion. According to the results of the study, the level of latency of criminal attacks on the environment is 30-60% on the facts of illegal extraction of biological resources and 70-90% on the facts of environmental pollution. Increased latency of crimes related to the negative impact on natural objects, contributes to the poor design of their compositions as material.

The article is the review of the monograph of Sergey Aleksandrovich Bochkarev, PhD in Law, head of the laboratory of political and legal researches of Moscow State University named after M.V. Lomonosov, «The philosophy of criminal law: statement of a question». Analyzing the monograph, the reviewer draws attention to the author’s main approaches to understanding the philosophy of criminal law both in Russia and abroad, assesses the author’s analysis of the development of philosophical thought in the field of criminal law, and also considers the basic theoretical and philosophical aspects of the work. The reviewer comes to the conclusion that not only «statement of a question», but also the full development of the philosophy of criminal law in Russia seems to be extremely relevant. The review gave a positive assessment of the theoretical aspects of the work, also approved the author’s manner of linking the philosophies of the topic under consideration with current problems of modern society (this is the best way to look for constructive approaches to solving these problems). The reviewer believes that raising the question of the philosophy of criminal law is extremely relevant and highly values the work under review.