Articles

The article is devoted to the description of vandalism, committed on the grounds of religious hatred or enmity. The author refers to judicial practice to show the specifics of the qualification of this crime, and also delimits this crime with adjacent convoys, in particular hooliganism committed for the same reasons.

The article deals with the content of such a concept as «punishments not related to isolation from society». The ways and methods of investigating these punishments are suggested. The views of the two groups of authors are compared, and it is noted that the representatives of the first group consider «punishments not related to isolation from society» based on the meaning of Art. 53 of the Criminal Code of the Russian Federation, and representatives of the second group refer to this concept as a methodologically initial category.

The article presents the results of the study of the problem of improving the quality of education and optimizing the educational process at the Law faculty of the Lomonosov Moscow State University. Monitoring survey data for the period 2008–2016 allows to identify the key factors made the most significant assessment to the quality of legal education. The innovative growth tendency of the faculty policy is revealed.

The article discusses the creation of the Dominion of Canada as a federal state and the genesis of Canadian federalism in its first thirty years. In this context, the author explores the main characteristics of the British North America Act of 1867 as a written common law federal constitution and as the basis for centralized federalism. Courts’ decisions are analyzed in the first years of the Confederation, which established rules that determine the structure of government in modern Canada.

The article analyzes some of the most prominent features of the legislative assembly — the parliament of the Federal Republic of Germany. It is shown that in the scientific literature of both Germany and Russia there are debates and disputes over whether the Bundesrat, along with the Bundestag, is one of the chambers of the highest legislative body of state power. Having analyzed the essence of the issue, the thesis is grounded that the Bundesrat, participating in the legislative process and being at the same time intimately connected with the executive power of the lands, occupies, as it were, an intermediate position between these two branches of power.

This article is devoted to consideration of one of the most important principles of the public procurement system — competition in public procurement. The article reveals the importance of this principle for the Russian procurement system, analyzes the main legal mechanisms for the implementation of the principle of competition in practice. In the study, the author comes to the conclusion that currently the principle of competition is only of a declarative nature. Real competition among bidders for government contracts are almost there, because more than half of all contracts in the absence of competition.

The article deals with the methodology of systemic studies of the state. The state is a system of structural elements and systemic relations. The author comes to conclusion on that systemic approach to the state gives possibility to study it deeper as both in static and in dynamic.

The article reveals peculiarities of implementation by local self-government powers in the sphere of housing and communal services, taking into account the latest changes in the federal legislation. As it is known, on the one hand municipalities are forced to finance constantly worn-out communal infrastructure (which often reaches up to 20 % of the total local budget), while tariff regulation in this area does not belong to exclusive competence of the municipality. On the other hand, the sphere of housing and communal services is a type of so-called local monopoly, since residents of municipal territories can not choose a provider of services, and this, objectively, does not encourage municipalities to improve their quality. The article examines the foreign experience of organization of housing and communal services at the level of municipalities, suggests solutions that can be applied at the level of local government in the Russian Federation. The issues related to the organization of accomplishment of the territory of the municipality to fulfill the requirements established by the norms of the Town Planning Code of the Russian Federation are considered separately.

In the article they are considered actual legal questions connected with evolution of development of model of extradition in the scope of international cooperation on criminal cases, analyzed classic and modern models of institution of extradition including Anglo-American models, continental model (European) and model of institution of extradition in the scope of international organization and their ability to serve of use of criminal proceedings, historic development of given institution. It is noted that classic model loses its significance in modern period of time, in legal systems the questions of extradition of persons in this or that degree have mixed character. It is suggested the idea on introduction universal model of extradition by accordance and unification norms of criminal and criminal procedural legislation including lessen unnatural obstacles (barriers) and speeding the process of extradition in the scope of international cooperation on criminal cases.

The article deals with the historical and legal analysis of the punishment (its essence, purposes and principles of appointment) in colonial and post-colonial India, the main criminal-penological models, and the development of certain types of punishments and their legislative regulation in the Indian Penal Code of 1860.