Boris Nikolaevich

Professor of the Department of the Philosophy and Social-Economic Subjects, Russian Law Academy of Ministry of Justice of Russian Federation; Doctor of Philosophic Science, Professor, Honored Science Worker of Russian Federation.

Annotation: the article is dedicated to the following questions: the role of the death penalty issue in humankind self-knowledge; biosocial nature of the death penalty; biological roots of the death penalty. The author illustrates religion position towards the death penalty by the example of the Bible and shows role of science and social values in the issue treatment. Some points of the article are dedicated to the question of admissibility of using body parts of executed prisoners for medical purposes. Tendency of humanization of death penalty is described in the article as well. The author proves that in the foreseeable future it is advantageous not to talk about exclusion of death penalty from life of society at all but about minimization and possible humanization of this process; and gives characteristics to the crimes which must cause the death penalty.

Keywords: death penalty, biosociality, blood vengeance, state retribution, humanization, social contract, civil execution, organ transplant.

Vladimir Anatol'evich Chechin

The head of the 1st Department of court administration of Public Prosecutor’s office in Saratov region, Senior Counsellor of Justice.

Annotation: the article gives the analysis of juridical positivism as one of the basic reason for studying the position and role of Public Prosecutor in the system of law-enforcement relations. Juridical positivism gives possibility to give legal evaluation to the action of supervisory authority. Rationalization of the legal positivism increases efficiency of using scientific and empirical criteria in the analysis of functionality of Public Prosecutor Department in strengthening of legality and order.

Keywords: state, law, ethics, positivism, Public Prosecutor Department, law-enforcement, law-enforcement relations, status, competence.

Формулируются предложения о нескольких возможных вариантах решения вопроса о наделении многонационального российского народа правом законодательной инициативы.

Ключевые слова: суверен, суверенитет, собрания граждан, право петиций, петиции.

Mikhail Alekseevich Mironov

Doctor of Juridical Science, Professor of the Department of Constitutional and Municipal Law, Russian Law Academy of Ministry of Justice of the Russian Federation.

Annotation: he article is dedicated to the actual issues of constitutional law. The author notes increasing interest to the problematic questions of the Russian constitutional law among students; depicts democratic character of realization of constitutional principles of sovereignty; describes new form of connection between authorities and people; shows development of forms of public lawmaking activity in sub-federal units of the Russian Federation.

The author shows that there is a gap in comprehensive legislative support on the federal level of political rights of citizens. F.i. it is absence of right of petition in highest bodies of state authority of the Russian Federation; availability of petitions in the number of countries of Asia, Europe and America.

The author formulates suggestions on several possible options of resolution of the issue of granting right of lawmaking activity to the multinational population in Russia.

Keywords: sovereign, sovereignty, citizens' assembly, right of petition, petitions.

Aleksej Aleksandrovich Fedorchenko

Candidate of Juridical Science, Associate Professor of the Department of State History and Law, Russian Law Academy of Ministry of Justice of the Russian Federation.

Annotation: the article analyzes some theoretical aspects of the category of "legal framework". The author gives his own vision of the phenomenon and evaluates the level of understanding of the problem within the theory of law which generally determines the urgent need in formation of conceptual model of the legal framework. The article contains the description of some patterns which cause formation of the legal space in modern conditions. In this regard, it is noted in the article that the legal framework can be characterized as integrative one. This trait of the legal framework allows to "build" or "rank" social structures, persons, and their activities according to the same normative scheme.

Keywords: legal system, legal activity, legal framework, social environment, legal regulation, the virtual legal space.

Sergej Nikolaevich Bratanovskij

Doctor of Juridical science, Professor of State and Law Department, Volga region Juridical Institute (the brunch) of RPA (Russian Law Academy) of Ministry of Justice of the Russian Federation.

Natal'ja Vladimirovna Galickaja

Candidate of Juridical science, Associate Professor of Administrative and Municipal Law Department, Saratov State Juridical Academy.

Annotation: the article contains conceptual approaches to determination of administrative and legal criteria of classification of types of safety in the Russian Federation. On the basis of research of the current legislation the author describes correlation and interconnection between principles of providing of constitutional rights on saved life and the state activity directed on protection of population from direct and indirect threats of natural and industrial character. The author analyses points of view of scientists-“administrativists” on the main spheres of safety. The article contains explanation of normative legal acts which regulate activity of executive authorities in the sphere of safety; the author notes some options of improvement of their work.

Keywords: safety, direct and indirect threats, criteria, classification, administrative law, public authorities, emergency situations, natural disasters

Mikhail Grigor'evich Vulakh

Candidate of Juridical Science, Associate Professor of Administrative and Civil Law Department, P. A. Stolypin Volga Region Institute of Management (brunch of RANKhiGS).

Annotation: the author analyses conceptual approaches which define the subject of administrative-legal relations in the sphere of physical culture and sports; the author shows the main juridical units within the model of physical and sports relations. The article contains description of basic features of legal status of professional sportsmen and other participants of sporting activities; and peculiarities of working of sport items. The author depicts constitutional backgrounds of the development of physical culture and sports and formation of nation’s healthy life; as a conclusion the author talks on poly-aspect nature of material and non-material goods, which build specific complex of the institution of sports law.

Keywords: physical culture and sports, legal object, administrative law, object elements, juridical content.

Petr Pavlovich Sergun

Director of Volga region (Saratov) Juridical Institute (brunch of Russian Law Academy of Ministry of Justice), Doctor of Juridical Science, Professor, Honoured jurist of the Russian Federation.

Konstantin Anatol'evich Ishekov

Deputy Director for Science, Volga region (Saratov) Juridical Institute (brunch of Russian Law Academy of Ministry of Justice), Candidate of Juridical Science, Associate Professor.

Annotation: the present period of the development of juridical science is characterized by increased attention of the researchers to the questions of ascertainment of the essence of law enforcement and determining its role in mechanism of realization of constitutional provisions. But the common way of solving this scientific problem is not worked out yet. The authors of the article have the purpose to find out specific features of law enforcement and to separate enforcement of constitutional provisions from other forms of realization of constitutional law.

In the end of the research the authors make the following conclusion. Specificity of constitutional provisions enforcement consists in the fact that law enforcement activity is achieved by special participants of law realization which are governmental authorities and their officials; law enforcement has optional character in case of realization of constitutional provisions under routine operation, but it takes necessary character in case of breaking juridical rules or in cases of illegitimate usage or inappropriate performance; enforcement is not based on voluntariness of participants but on imperative method of official enforcement.

Keywords: Constitution, law realization, mechanism of realization, form of realization, law enforcement, governmental authorities, legislation act, official enforcement.

Ol'ga Jur'evna Sal'nikova

Postgraduate Student of the Department of Arbitral Procedure, Saratov State Juridical Academy.

Annotation: the article is dedicated to questions of correlation between the level of legal culture of judges and the quality of arbitral justice, and to the problem of professional competence of judges. The article contains analysis of borders and conditions of active position of the court and limits of judicial initiative. Main components of professionalism of judges are analyzed in the article as well; special attention is paid to moral and ethic components of the image of juridical staff. The author describes the problem of scientific interpretation of the limits of judicial activity and analyses the cases of "positive" judicial initiative in the aspect of proving principles of adversary nature of the proceedings.

Keywords: arbitration tribunals, legal culture, legal conscience, professionalism, efficiency of activity, dignity, behavior pattern, active role of the court.

Ljudmila Nikolaevna Pochinalina

Candidate of Pedagogic Sciences, Associate Professor of the Department of Civil Law at Moscow State Industrial University.

Features of Definition of Debt on Alimony Content Within the Overall Payment and Recovery of Maintenance

Annotation: this article is about a sum of contemporary questions, concerning with the sphere of enforcement alimony obligations, stressing the specific remedies while bailiff’s activities. Difficulties in the impact against alimony debtors produce a necessity of perfection current legislation in the scope of increasing efficient tools against debtor. The author is marking that we need to introduce the best practice of voluntary execution alimony obligations as an element of managing alimony enforcement strategy.

Keywords: alimony, alimony proceedings, bailiff, enforcement, minors, FSBS, alimony debt.

Aleksandr Vladimirovich Batalin

Postgraduate Student of Administrative and Financial Law, Russian Law Academy of Ministry of Justice of the Russian Federation

Experience of Regulation of Separate Administrative Procedure Norms As a Way to Improve Administrative Procedure Legislation of sub-federal units of the Russian Federation

Annotation: the author of the article determines factors which served as a base for delineation of authority between Federal and Republic governmental powers in Soviet period, it includes establishment of administrative responsibility and proceedings on administrative offences. The author also describes positive experience of the Soviet practice in granting right to public association to execute Administrative Offences process-verbal, prescribed by the laws of the constituent entities of the Russian Federation. In the end the author makes a conclusion about rationality of return of Soviet practice and necessity of working out of appropriate mechanism.

Keywords: administrative responsibility, laws of subjects of the Russian Federation, the Soviet legislation.

Tat'jana Anatol'evna Zheldybina

Candidate of Juridical Science, Associate Professor of the Department of State History and Law, Saratov State Juridical Academy.

Annotation: the article is dedicated to the globalization of law and its influence on the development of a modern legislation system in Russia. The author analyzes theoretical researches deal with the impact of law globalization on reformation of branches of law in the system of Russian legislation. The article contains the author’s view on the changes in the legislation system, which develops accordingly to its international norms and principles. In the end the author makes a conclusion about changes under influence of law globalization of Russian industry legislation; increased role of international notes as the sources of law; international associations and meaning of their law-making activity for changes in the legislation system.

Keywords: globalization of law, legislation system, lawmaking, comparative jurisprudence.

Natal'ja Alekseevna Greshnova

Postgraduate Student of theory of state and law department, Saratov State Juridical Academy.

Annotation: recently the question of specification of the notion of legal process and its connection with courses of law is particularly pointed in science of theory of law. Lack of proper theoretical development of the notion of legal process certainly is a gap in general theory of law. In the opinion of some scholars theory of legal process should be a single part of the general theory of law. The paper contains theoretical analysis of the main approaches to the definition of «legal process»; and describes correlation of the terms «trial» and «judicature». In the article attention is paid also to the question of broad and narrow interpretation of the legal process.

Keywords: science of theory of law, legal process, judicature.

Nikolaj Jakovlevich Kozjajkin

Postgraduate Student of Research Studies Institute of Russian Law Academy of Ministry of Justice of the Russian Federation.

Annotation: the article contains results of the authors research dedicated to personalities of offenders committed crime in the sphere of their professional activity. Criminological portrait of an offender’s personality is described on the base of analysis of criminal cases in the sphere of criminal-law acts of the same category and on the base of criminal summary statistics which contains meaningful information about offenders.

Keywords: lawyer, crime, personality of offender, motivation, causes of offense, crime mechanism, criminological portrait, demographic and criminal and legal characteristic.

Zajana Andreevna Baltykova

Graduand of the Department of Criminal Provision of Crimes Detection, Saratov State Juridical Academy.

Annotation: The article is dedicated to peculiarities of participation of a pedagogue or psychologist in interrogation of both - psychically healthy juvenile witnesses and victims, and mentally or physically underdeveloped ones. The article contains research of questions of finding psychological contact between the sides (pedagogue or psychologist and a child), questions of finding optimal place of procedure and duration of interrogation; it also touches criteria of the choice of pedagogue or psychologist for taking part in juvenile witnesses and victims interrogation. The author pays attention to the analysis of algorithm of interaction between investigation officer and pedagogue or psychologist, and to the problems of arrangement of detection of crimes of this kind.

Keywords: participation of a pedagogue or a psychologist in the interrogation of juvenile witnesses and victims, psychological contact.

Ol'ga Nikolaevna Fomina

Senior instructor of the Department of Business Law, Civil and Arbitrary Procedure, Russian Law Academy of Ministry of Justice of the Russian Federation, Candidate of Juridical Science

Ol'ga Vladimirovna Chumakova

The Head of Juridical Clinic, Candidate of Juridical Science, Associate Professor of the Department of Administrative and Financial Law, Russian Law Academy of Ministry of Justice of the Russian Federation.

Jurij Nikolaevich Mil'shin

Candidate of Juridical Science, Professor of Administrative and Municipal Law Department, Saratov State Juridical Academy.

Aleksandr Nikolaevich Ulisko

Candidate of Juridical Science, Associate Professor of Administrative and Municipal Law Department, Saratov State Juridical Academy.

Rasul Magomedovich Akutaev

Vice-Chair of constitutional court of the Republic of Daghestan, Doctor of Juridical Science, Honoured jurist of the Russian Federation.