Vol 5, No 3 (2017)
- Year: 2017
- Published: 15.03.2017
- Articles: 10
- URL: https://ogarev-online.ru/2311-2468/issue/view/18395
Full Issue
Participation of the Defense in Appeal Court Pleadings in a Criminal Case
Abstract
The article analyses the legislation and the actual pleadings in the court of appeal in a criminal case. The authors conclude that legally and practically pleadings in the court of appeal are reduced to a formal procedure that diminishes the importance of appeal and violates the adversarial principle. The study shows that the defense is more vulnerable than other participants of the criminal trial. Considering the pleadings an integral part of the appeal trial providing its competitiveness, the authors suggest some ways to solve the identified problems.
Independence of Federal Subjects as a Major Feature of the Federal State
Abstract
The article considers the independence of federal subjects as a major and distinguishing feature of the federal state. The author shows the influence of independence and legal status of federal subject on the specifics of state power within the federal state. The content of independence is analyzed as a theoretical construction.
The History of Commercial Disputes in the Republic of Belarus
Abstract
The article deals with the modern history of specialized state bodies for settling commercial disputes in the Republic of Belarus. Two stages of the development of commercial disputes settling in the Republic of Belarus are considered. As a result, the commercial courts and the common law courts of the Republic of Belarus have been merged to make the Supreme Court.
Moral Qualities of a Lawyer
Abstract
The article deals with the moral qualities needed in the legal profession. These qualities are considered as an integral part of the professional competence of a lawyer. The authors emphasize the fundamental nature of certain moral qualities of a lawyer and their connection to certain ethical categories. The moral qualities of different members of the legal profession are studied.
Structural Units of Legal Acts of Higher Legal Force: Legal Approach to Understanding Their Structure
Abstract
The article presents an analysis of the structure of federal and regional legal acts of higher legal force. Two models of the structure of laws of the Russian Federation and its subjects are offered. Structural units typical for each model are revealed. The authors prove the necessity follow the two structural models in order to increase the regulatory properties and effectiveness of legal acts.
Contradictions of Legal Rules in the Application of Disciplinary Measures to Convicts Sentenced to Imprisonment
Abstract
The study considers the contradictions of legal rules between the by-laws of the Russian Federation. Elimination of these conflicts of law allows to exclude disagreements and contradictions during placement in punishment isolation cell of a convict serving sentence in a medical correctional facility under the care of a medical doctor.
Fiscal Coercive Actions for Budgetary Offences
Abstract
The article deals with the category of fiscal coercion as the main element of the system of state coercive actions. Taking into account the recent changes of the budgetary legislation, the legal framework of state coercive actions in the public sector is considered. The authors formulate the purpose of fiscal coercive actions and make evidence-based proposals aimed at improving the efficiency of charging for budget violations.