Articles

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.

The article considers the development of ideas of academic criminalists about the need for solution of the issue regarding the history of criminalistics and its trends, which determined the development of historical processes of the creation, establishment and development of criminalistics as a science in the subject of its study. Simultaneously, is argued this necessity of resolving of this issue.

The article is devoted to the work of the student of the faculty of law of Kazan University L.N. Tolstoy about the “Nakaz” of Empress Catherine II. This work of the future famous Russian writer, which was set out in his diary for 1847, shows that he had undoubted ability to research in the field of law and could carry out at a fairly high level comparative analysis of legal texts. If he were serious about studying law, he would have undoubtedly become an outstanding legal scholar. But in this case Russia would lose one of its greatest novelists.

In the article, author's classification of types of subjects of encroachments on objects of fuel and energy complex is carried out, depending on the role they play in committing a crime. In detail, each type of subject considered, the author identifies its specific features, the features of bringing to responsibility, and gives examples from judicial practice.

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.