Articles

The article deals with the problems of practical application of Article 172.2 of the Criminal code of the Russian Federation. The emphasis is focused on the consideration of the features of its construction, entailing the qualification of acts related to criminal fundraising schemes as fraud under Article 159 of the Criminal code of the Russian Federation.

The article analyzes the problems of applying to persons aged 18–20 years the provisions of Chapter 14 of the Criminal Code of the Russian Federation on the specifics of criminal liability and punishment of minors. The author concludes on the basis of a generalization of judicial practice materials on the problems under consideration.

The article analyzes courts decisions on crimes under art. 242 paragraph 3(b) and art. 242.1 paragraph 2(g) of the Russian Criminal Code. The author differentiates the concepts of “telecommunication networks” and “online media”. Special attention is paid to the issue of determination whether a person has intent on placement and distribution of pornographic materials or objects by the means of file-sharing (peer-to-peer) networks.

The article on the basis of various sources describes apartment ownership in German cities in the Middle Ages and early Modern times. For the first time apartment ownership was mentioned in written sources in the XII century and it had developed over centuries as a customary law institution. Over time, the provisions introduce measures against this institution for practical reasons.

Since the 1990s has been a trend of active interaction between the state and confessions in the Russian Federation, expressed, inter alia, in the practice of concluding agreements (contracts) of Executive authorities and religious organizations. At the same time, the legislation on freedom of conscience and on religious associations does not contain normative bases for the conclusion of such agreements, in connection with which the legal qualification of their nature is significantly complicated. The article analyzes the content of state-confessional agreements, offers conclusions about their place in the system of sources of Russian constitutional law and the need to introduce legislative regulation of the procedure for concluding such agreements as guarantees and protection of constitutional principles and subjective rights of citizens.

The article is devoted to the problems of the concept and content of the quality of legal education. According to the author, the legal education system of Russia should optimally combine the elements of scientific, academic and pragmatism, novelty and conservatism, national characteristics and internationalism

The article is devoted to the problems of criminal liability for extortion in Russia and Germany. The author concludes that there are similar approaches to the regulation of criminal liability for extortion in Russian and German criminal law: extortion is considered as crime against property as a whole. The author also reveals existing differences in the qualification of extortion in the law of both countries.

The article examines the problems of legal assessment of fetal death. The author demonstrates a lack of consensus on the resolution of this issue among scholars in the field of criminal law and in judicial practice. In conclusion, it is concluded that criminal law changes are necessary with a view to the preventive impact on medical workers.

The article considers actual issues of legal nature and variety of extradition of persons in the framework of international cooperation. There is a lack of consensus in scientific legal literature regarding the place of institution of extradition in the branch and system of law. According to the author, in the national legal system of post-Soviet countries, the institution of extradition are based on constitutional, criminal and criminal- procedural law which has historic roots. Substantive law provides for the possibility and grounds for extradition of persons and norms of criminal code are important in determining of punishment, double criminalization, etc. The procedural law provides for a lot of rules which ensure order and process for extradition of persons. The author proceeds from the fact that extradition of persons within the framework of international cooperation relates to international criminal law and international criminal procedure. In connection with development of the institution of surrender of persons in the framework of international cooperation in criminal matters, many kinds of surrender of persons have emerged that need classification. In particular, the author identifies extradition of persons in post-Soviet countries as a separate type.

The article highlights some of the fundamental institutions of the General Part of Civil Law, as well as corporate and property law, which should fix the balance of private and public interests; their shortcomings and possible development prospects are shown. The necessity of a well-known change in understanding the subjects of private and public (public) interests and in their content from the point of view of the common interests of all participants in the civil (property) turnover is substantiated.