Volume 4, Nº 13 (2016)
- Ano: 2016
- ##issue.datePublished##: 15.09.2016
- Artigos: 10
- URL: https://ogarev-online.ru/2311-2468/issue/view/18863
Edição completa
Additional appeal of defense advocate in criminal case
Resumo
The article analyses the problems of legislative regulation and practice of filing the additional appeal by the defense advocate. Considering the additional appeal an important means for the defense advocate to protect the rights and legitimate interests of a client in cases of their violation, the authors suggest some ways to solve the problems in question.
Prospects for the development of advocacy in modern Russia
Resumo
The article analyzes the provisions of the Russian state program "Justice" and the Concept of regulation of professional legal assistance market. The authors prove the potential effectiveness of the introduction of advocacy monopoly on legal services market of the Russian Federation. As a result, advocacy would unite all practitioners working in the field of legal assistance of the Russian Federation.
House arrest: theory and practice of current legislation
Resumo
Considering the practice of house arrest application, the problems and shortcomings of the legal regulation of this measure of restraint are revealed. House arrest is often applied to suspects and accused persons on the initiative of court. However, the concepts of prohibition and restriction in connection to house arrest are not always differentiated in court practice. Consequently, the authors suggest some relevant specifying amendments to the Criminal Code of the Russian Federation.
Problems of protection of victims of non-international armed conflicts
Resumo
The article considers the concept of non-international armed conflicts and the law regulation of protection of victims of such conflicts. The historical background of the relevant field of international humanitarian law is given accordingly. The author presents a case study to identify the problems of legal regulation and implementation of protection of the rights of victims of non- international armed conflicts.
Conflicts in law enforcement activities and ethical and legal grounds of their prevention
Resumo
The article considers intrapersonal and interpersonal conflicts as well as conflicts between the individual and the group in which law enforcement officials are typically involved. The authors analyze the legislation and codes of ethics as bases of preventing conflicts in law enforcement. The study results into identifying psychological and moral prerequisites for conflict prevention with the participation of human rights defenders.
On some issues of legal regulation of bankruptcy of private persons
Resumo
The author considers the bankruptcy of private persons in Russia. The study focuses on the changes introduced in the Federal Law of the Russian Federation dated October 26, 2002 No. 127-FZ "On Insolvency (Bankruptcy)" in the regulation of rehabilitation procedures applicable to the debtor. Consequently, the positive and negative effects of current bankruptcy proceedings against private persons are revealed.
Institute of recognition in international law: theory and practice
Resumo
The article considers the concept of recognition and legal personality of states, the theories and forms of international recognition. The author studies the problems of legal regulation and the practice of recognition of new state formations arising from secession as well as the interrelation of international recognition and legal personality of a state.
Turning point in public prosecutor's supervision of procedural activities of preliminary investigation bodies
Resumo
The article presents a historical-legal analysis and a comparative analysis of limits and contents of public prosecutor's supervision of procedural activity of preliminary investigation bodies of Russia. The authors analyze the prerequisites and motives of changing the scope of powers of the supervising public prosecutor in relation to the police investigator in Russian legislation over the years of 2007-2010.
Members of the first public prosecution office of Russia
Resumo
The article presents a historic and legal analysis of the establishment of public prosecution office as an integral part of modern Russian system of law enforcement bodies. The author's opinion on possible motives of the choice of the office model is given. The article includes biographical data on the members of the first public prosecution office of Russia.