Articles

The article deals with the development of the methodological foundations of the forensic analysis of causality. The distinction of causality in criminalistics from causality in criminal law and criminal procedure is given. The specifics of forensic analysis of causality and its levels are noted. An attempt is made to form a conceptual notion of causality as the fundamental category of the subject of research in criminalistics.

The article discusses the problems of access to challenging constitutionality of normative legal acts. Analysing the list of subjects authorised to initiate an abstract constitutional normative control, the author comes to the conclusion that it is necessary to ease the requirements for the admissibility of requests sent by parliamentary groups, requests of legislative and executive authorities of constituent entities of the Russian Federation, and also comes to the conclusion that it is expedient to introduce the right to appeal to the Constitutional Court of the Russian Federation to public organisations protecting public interests. In the author's opinion such an expansion of opportunities to initiate judicial constitutional normative control could become an additional incentive for constitutional modernisation of the state and would contribute to development of civil society.

In the article, a technical legal analysis of the sub-institution of general exceptions in the Indian Penal Code of 1860 is carried out. These circumstances are provided for the purpose of humanization and individualization of criminal law regulation. On the basis of statutory norms (definitions, conditions of lawfulness, etc.) and the precedent decisions of both Indian and English courts, the main characteristics of the system of general defences are examined. In the first part of this article, emphasis is placed on the sub-system of excuse defences, which excluding the guilt of the person.

The article is devoted to the development of the concept of the contract in the drafting of the civil code of the Russian Empire in the late XIX — early XX century.

The article is devoted to problems of responsibility for placing negative and illegal information on the Internet. The author raises issues of legal definition of the information content of the site on the Internet, as well as the list of illegal information. On the example of foreign experience the author justifies the need of using the notion “content” in relation to information placed on the Internet (site, blog, forum, social networks, etc.). Based on the analysis of foreign and domestic legislation in the field of computer information and existing classifications of the main types of «content», the author suggests classification of “contents”, and also offers lists of information that can be referred as “illegal content”.

The article is devoted to the improvement of the criminal legislation of the Russian Federation with regard to the regulation of compulsory educational measures. The author proposes to abandon the term «compulsory» in the name of measures, shifting the emphasis towards the upbringing and resocialization of a minor who has committed a generally dangerous act. When developing a system of educational measures, it is proposed to introduce the principle of criminal non-liability of minors. A new system of educational measures has been developed taking into account the allocation of three age groups of minors.

After the financial crisis in 2008, the US and EU have taken significant measures in regulating the OTC derivatives. This Article provides a comparative analysis of the OTC derivatives legal regime in the US and EU. The author concludes that the EU approach is more conforming to its purpose and more comprehensive.

In the present article, the author considers the theoretical and legal basis for the evolutionary interpretation of the European Convention on Human Rights and Fundamental Freedoms of 1950 applied by the European Court of Human Rights. Controversies surrounding the issue challenges us to examine arguments in favour and against legitimacy of an evolutionary interpretation. The author concludes that evolutionary interpretation has been based largely on the object and purpose of the Convention established in its Preamble and Art. 31 of the Vienna Convention on the Law of Treaties.

The article concerns key theoretical and practical issues regarding the institution of hereditary foundation implemented in Russian law. The author outlines the issues of legal form, establishment and business goals of the hereditary foundation.

This article attempts to trace the evolution of development in Russian criminal law of institute of inducement and assistance to suicide in the first days of its formation to the present day.