Articles

The article deals with controversial issue of the rank of Bank of Russia regulatory acts in the power structure of normative legal acts in the Russian Federation. A popular concept, criticized in the article, states that these acts have more legal force than federal laws and edicts of the President of the Russian Federation. The author provides various arguments supported by current legislation and practice of registration of regulatory acts by Ministry of Justice of Russia that regulatory acts of Bank of Russia are equal to normative legal acts of federal executive bodies in terms of the legal force.

The article discusses the dialectic categories of patterns and randomness in the aspect of forensic science, their significance in the disclosure and investigation of crimes. Particular attention is paid to the study of forensic science in the structure of legal sciences, social sciences (humanities) related to the activities of society and man. The question of the inclusion of randomness in the definition and subject of forensic science is studied, the positions of Russian and foreign scientists are given.

The article examines — in the light of the ECHR’s autonomous interpretation of the concept of “criminal sphere” — the latest legislative proposals in the administrative tort sphere. The need to take into account this interpretation in the new edition of the Code of Administrative Offenses of the Russian Federation and the newly adopted Procedural Code of Administrative Offenses is noted. The author finds it necessary doctrinal convergence of these laws with the current criminal and criminal procedure legislation. This conclusion, in particular, is made by him on the basis of an analysis of related criminal and administrative-tort sanctions, the practice of their appointment.

The article reveals the concept of constitutional identity, as well as analyzes the internal and external legal functions of the doctrine of constitutional identity. Constitutional identity is a fundamental quality of the constitution, pointing to its self-identity, it is formalized in a number of constitutional provisions and principles that characterize the basic feature of the constitution and cannot be amend within the framework of its action. The doctrine of constitutional identity performs in the internal and external functions, which are associated with ensuring the material limits of constitutional amendments: the first protects the constitution from unconstitutional amendments; the second protects the constitution from being changed by international law.

The article is devoted to the survey carried out by the Rabkrin (Workers’ and Peasants’ Inspection) in relation to the courts, police and the public prosecutor’s office in 1923–1927. The author introduces new archive materials on the results of the revision. We consider problems of relief of people’s courts from consideration of some cases and legislation about it. The author concludes that the survey and the initiatives of the Rabkrin had a significant impact on the regulation of issues of jurisdiction of the courts, as well as on the Soviet criminal and procedural legislation of the NEP period.

The article discusses issues of liability of the controlling person to the before participants of the controlled corporation. The author substantiates the existence of a legal relationship between the participants of the controlled corporation and the controlling person as well as explores its elements.

The article is devoted to the development of company law in England in the XVIII century. It analyses the legal status of corporations and unincorporated companies after the adoption of the Bubble Act 1720, summarizes the XVIII century precedents on issues of corporate and joint stock company law, as well as outlines the principles and norms of joint stock and corporate law developed by the courts in the specified period.

The article is devoted to the issue of legal nature of the Russian Provisional Government. It considers the interpretation of the legal nature of the Russian Provisional Government expressed in the expert conclusions of the Russian Provisional Government`s Juridical Council.

The article discusses the essence and subject of forensic science and the patterns (laws) of objective reality included in it. Patterns are considered as general, representing the expression of essential, internal, necessary and repetitive relationships of reality. Its antipode, complement and form of manifestation is randomness, a characteristic feature of which can be called individuality and uniqueness of objects. The author proves that forensic science knows that which is typical, repetitive, stable, which is characteristic of criminal and forensic activities, but this is not limited to, knowing individual and unique phenomena and objects that deviate from typical ones.

The article analyzes the features of the design, interpretation and use of a woman’s state of pregnancy as an aggravating factor (art. 63 (1)(z) CC RF). It attempts to examine the evolution of the legislative approach to the formation of this circumstance in Russian criminal law. At the same time, different views on the solution of existing problems of interpreting the state of pregnancy as a circumstance aggravating the punishment that are available in the doctrine of criminal law are critically considered; proposals were developed to improve the legislative regulation of this circumstance and practice of its application.