Articles

This article is devoted to the realization of Rabkrin’s proposals to unload the people’s courts and to create new forms of involving citizens in the work of the court and law-enforcement authorities in 1923–1927. The author introduces new materials about the history of creating of comrades’ courts. The question of creating administrative and legal sections of local Soviet bodies is also being considered.

The article attempts to consider ways to protect the state from internal and external threats using one of the methods of administrative and legal regimes established by law. In this regard, the issue of protecting human rights in the historical aspect is touched upon. The article deals with the historical aspects of the formation of administrative and legal regimes of state security during the periods of the strengthening of the revolutionary movement in the Russian Empire and the peasant uprising in Tambov province in Soviet Russia.

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 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.

The article discusses the concepts of cyberviolence and cyberharassment and describes types of the latter. The illustrations from Russian and foreign cases are given. The author points out the problems of qualification of acts related to the types of cyberharassment according to the Russian Criminal Code and states that the Russian approach towards object of crime is not correct and should be changed.

The article investigates the features of the legal nature of customary law from the perspective of ethnographic theory of law (ethnic legal studies). On the base of Russian and foreign sources the essence of the customary law is substantiated, the legal owner of which are people (ethnos), providing understanding of multiple legal categories, regulated most important spheres of their livehood. Customary law studies are done on the base of civilization approach to historical-legal development of the institutions as reflection of legal values of the particular ethnos.