Articles

The issue of obtaining information based on the use of special expertise through the implementation of a specialist function according to Part 1, Rule 58 of the Criminal Procedure Code of the Russian Federation (clarification of the issues within his professional competence and obtaining the opinion of the specialist) is considered in this article. The technology of the clarification of procedure issues included into the specialist's professional competence, as well as the preparation and conduct of the research done by the specialist is developed and explained to the participants of the proceeding.

The article analyzes one of the aspects of the application of the comparative method in constitutional studies — the choice of comparison objects. It is substantiated that the involvement of certain sources of law and legal science is determined not only by comparison purposes, but also by basic approaches (dogmatic, functional, contextual) to the application of the comparative method. Schemes of different types of comparison depending on the choice of objects (by similarity / contrast, horizontal / vertical, with a narrow / wide range of involved cases) are presented and illustrated by the example of a study of the principles of territorial organization of power.

The article is devoted to the analysis of the legal consequences of the limitation of capacity and the recognition of incompetent citizen suffering from mental disorder. According to the author, the term «recognition incompetent» used in the law is not entirely correct, since a citizen can not be completely deprived of legal capacity. Even if he is recognized as incompetent, he can perform actual actions and legal acts, due to which he may have intellectual rights (on the results of his creative activity, etc.), property rights, etc. In cases stipulated by law, such a citizen may bear property liability.

The article is devoted to the development of the fundamental categories of the law of obligations in the drafting of the Civil Code of the Russian Empire in the late XIX — early XX century. It considers the interpretation of the essence and subject of the obligation expressed in the articles of this Grand legal monument and in the explanations given by the Editorial Commission.

Article covers the results of a sociological survey of the undergraduate students of Faculty of Law of Lomonosov Moscow State University conducted in 2017. It depicts the key reasons for choosing the university and describes behavioral motives of prospective students in the educational services market. Article analyses the advantages of Faculty of Law of Lomonosov Moscow State University which are significant for prospective students and reveals the nearest competitors in the higher educational market.

This article is devoted to the analysis of the functions of the EFTA institutional system, the specifics of the development and decision-making within the framework of the EFTA, as well as issues related to the monitoring by the EFTA authorities for the implementation by EFTA countries of their obligations under the Vaduz Convention and the Single Economic Agreement Area.

The article is a biographical study devoted to the scientific and public activities of a famous Russian lawyer Fedor Mikhailovich Dmitriev (1829–1894). The article based on the archival and published sources allowing to research thoroughly the most interesting moments of Dmitriev’s biography.

Given the importance of the proper classification of the compositions of administrative offences for the purposes of law enforcement and the proportionality of administrative liability, the article examines the grounds for such classification and the system of compositions of administrative offences in tax legislation. According to the author, the approach to the classification of compositions of administrative offences in tax legislation, as set out in the article, allows both to eliminate significant gaps in the legal regulation of administrative liability and to ensure the proper codification of legislation on administrative offences.

The article presents a brief analysis of the structure of the judiciary in Brazil, outlined by the 1988 Constitution, with a special emphasis on the criminal jurisdictional structure. First, we analyze the bodies that make up Brazilian justice system, its attributes and competences, and then the basic functions of justice. Also, the types of sanctions and rules for their application are considered. Finally, we examine criminal prosecution in Brazil, starting with a criminal investigation, types of arrest and prosecution, and ending with the latest changes introduced by the legislator into the Code of Criminal Procedure of Brazil.

The article considers the judicial power as an integrating factor in the development and connecting of modern legal theory, law making and judicial practice. Specific examples of such problematic issues as unification of court proceedings, attribution of administrative offenses to a certain type of legal proceedings, problems of «administrative jurisdiction» and criminal offense show the negative consequences that arise when the theory, norm-setting and practice are inconsistent.