Pjotr Pavlovich Sergun
Professor of the Administrative and Municipal Law Department, Saratov State Academy of Law, Doctor of Judicial Science, Professor, Honored Jurist of the RF
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Artjom Mikha’lovich Bobrov
Chair of State and Law Department, Perm Institute of the Federal Service for Execution of Punishment, Associate Professor of Constitutional and Financial Law Department, Perm State National Research University, Candidate of Judicial Science
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Annotation: the relevance of the article is caused by the lack of development of administrative and legal relations thesis in administrative law. The authors describe legal nature of administrative legal relations. They understand the nature of this phenomenon as its judicial characteristic which expresses its specificity, place, and function among other legal phenomena. The research is aimed to find the main specific feature of the administrative legal relations’ origin. The authors analyze scientific researches of pre-revolutionary legal scientists and modern specialists in the sphere of administrative legal relations’ nature, and project of the new Code of the Russian Federation concerning administrative breaches. An effort to enlarge the amount of objects of administrative legal relations by means of including animals and robots is taken. The authors conclude that the main feature of administrative legal relations is their socially powerful nature. They note that the level of development of administrative and legal relations speaks of legal culture level in a state.

Keywords: legal nature, social relations, administrative and legal relations, society, power, law object.

Elena Igorevna Fojgel’
Chair of the Criminal Process and Criminalistics Department, Irkutsk Institute (the brunch) of All-Russian State University of Justice, Candidate of Judicial Science, Associate Professor
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Annotation: relevance of the article is specified by the fact that methodology of investigation of crimes committed by foreigners against foreign citizens does not reflect special role of ethnic factor in the process of investigation and solution of crimes. In general this kind of methodology places an emphasis on the criminal and procedural consequents of involvement a foreign citizen in cases. Due to this fact nowadays there is a necessity to create complex methodology of investigation which is able to reflect specificity of ethnic factor of the criminal judicature’s participants. The article contains definition of investigation and solution of advenial crimes. The author formulates term of advenial person and analyses correlation between its meaning and the meaning of such notions as “foregner”, “migrant”, “illegal allien”. The subjects of the research are patterns of criminal and criminalistic activity connected with advenial person’s participation in criminal action. The research is aimed to find and analyze special role of ethnic factor in crime mechanism and in processes of perception, analysis, revision, and reproduction of criminally relevant information. The author concludes that it is necessary to note ethnic factor within pre-trial investigation. It helps to adhere to legal culture norms and to support international prestige of the Russian Federation. Methodology of the research is consisted of historical, comparative, logic, sociological methods, and systematic activity approach

Keywords: investigation of crimes, commission of crimes by foreigners, private criminalistic methodology, advenial crimes, advenial person, ethnic factor, pre-trial investigation.

Natalia Mikhailovna Peretyat’ko
Chair of the Criminal Law and Procedure Department, Volga-region Institute (the brunch) of the All-Russian State University of Justice in Saratov, Candidate of Judicial Science, Associate Professor
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Andrej Yur’evich Eriomin
Advocate of the Bar Association “Verdict” in Saratov region
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Annotation: the relevance of the article is caused by weight of the law-enforcement culture in conducting investigative action since its level influences the quality of crime investigation, its judicial perspective and can lead to limiting rights and law interests of the criminal case participants. The authors of the article research disputable points of view on the consequences of breaches in procedural pattern within crime judicature. System interpretation of the Russian Code of Criminal Procedure and analysis of law-enforcement practice let to find some mistakes made by law enforcement official and some cases of breaches in procedural pattern of making and recording investigatory actions. The authors conclude that it is necessary to follow strictly investigatory actions requirements set by law because they have principle meaning for testing admissibility of the results (evidences) which are the guarantee of observation lawfulness of criminal proceeding

Keywords: investigatory actions, procedural pattern, admissibility of evidences, criteria of testing inadmissibility of evidences, breaches of criminal-procedural law, order of investigatory actions, recording of investigatory actions, rights and law interests, participant of criminal case.

Segej Alexandrovich Filippov
Associate Professor of Civil Law Department, Saratov State Academy of Law, Candidate of Judicial Science
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Tatiana Mitrofanovna Tsepkova
Professor of Civil Procedure Department, Saratov State Academy of Law, Candidate of Judicial Science, Associate Professor
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Annotation: the article is relevant especially because nowadays family law isolated from civil law and transformed into a separate brunch. It was caused by the process of forcing the specialization of legal norms. The purpose of the present research is to analyze the experience in the area of creation and functioning of family courts in some foreign states. Methodological base of the research contains such scientific methods of cognition as normative, systematic, logical ones and such particular scientific methods as Aristotelian method, method of law practice learning and method of judicial interpretation. Family relations apply for such qualities of law enforcement official as special attention, special knowledge, and special skills and experience. Correct detection of rights and duties of the family relations’ participants and ethical and moral aspects being specific features of this kind of justice have great theoretic and practical meaning. That id why the authors concludes that it is necessary to establish family courts in Russia aimed to protect special group of public relations

Keywords: family law, family, family rights protection, family courts, objects of family legal relations, foreign experience.

Anton Evgenievich Fedjunin
Professor of the Criminal Procedure Department, Saratov State Academy of Law, Doctor of Judicial Science, Associate Professor
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Vladimir Jurievich Alferov
Associate Professor of the Department of Justice and Law-Enforcement Activity, Saratov Socio-Economic Institute of Plekhanov Russian University of Economics, Candidate of Judicial Science
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Annotation: the authors of the article describe moral and legal aspects of delimitation of provocations and legal operational search actions aimed to detection of a bribe or commercial bribery within law enforcement agencies activity due to the corruption therapy. The authors claim that such actions can be recognized as provocative ones if a subject (person) of sting operation agrees to commit breach of law because of incitement but not because of self criminal intent. Practically incitement causes investigatory measures doers’ simulation of evidences of a person’s guilt in committing crime that doesn’t accord purposes of these actions. The authors conclude that during procedural experiment criminal intents must be initiated by suspected person but certainly not by operatives. Otherwise motivation of committing crime or involvement of another person into crime actions aimed to further disclosure (if a person didn’t have intent to make crime actions) recognize as provocation.

Keywords: procedural experiment, operational search action, operational search measure, recording, provocation, bribe, commercial bribery, morality, law.

Pjotr Mikha’lovich Fjodorov
Associate Professor of the Stuff Administration Department, Volga-region Institute of Management named after P.A. Stolypin – the brunch of the Russian Presidential Academy of National Economy and Public Administration
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Annotation: the article is dedicated to the legal problems of forming legal culture of labor especially the problem of using clause 74 of Labor Code of the Russian Federation (LC RF) in case of changing locality as a condition of labor contract deal with work location. The author analyzes the question of which clause should be guiding one in case of changing locality as a condition of labor contract deal with work location – clause 72.1 of LC RF or clause 74 of LC RF? The author underlines that formulation of clause 74 of LC RF characteristic concerning “right of employer to change conditions of labor contract in unilateral manner” is not correct. The author believes that is it more correct not to discuss unilateral changing but employer’s initiative of such changes in cases of impossibility to save labor contract conditions determined previously by both sides. The conclusion about the real problem and the way of its solve is based on the theoretic analysis and research of law-enforcement practice of using clauses of LC RF deal with changing labor contract initiated by employer. The author posses that the option which helps to solve the problem is interpretation of clause 74 of LC RF based on principle of the right of free choose of labor. At the practical level the possible option is to add some changes in part 1 of clause 74 of LC RF. The author makes his own reduction of this clause. Suggested options facilitate the improvement of labor legal culture.

Keywords: legal culture of labor, labor contract, labor legislator, changing locality, changing conditions of labor, employer’s initiative.

Galina Vladimirovna Fadeeva
Associate Professor of the Department of Justice and Procedural Activity, Saratov Socio-Economic Institute of Plekhanov Russian University of Economics, Candidate of Judicial Science, acting notary
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Annotation: the relevance of the article is specified by the changes added in Russian legislation in 2008. These changes give some notarial functions to municipal authorities. This fact is recognized ambiguously by both expert and notarial communities. A person in charge with notarial operations must have special skills in several spheres of Russian law, high legal qualification, and judicial education. Notary operations apply for system of necessary professional insurance and definition of the level of responsibility for illegal actions. However these questions are not studied carefully yet. The article contains description of kinds of notarial operations and the order of their fulfillment by the heads of local administrations and by authorized officials of the local authorities. The author gives some suggestions towards requirements to heads of local administrations and to authorized officials of the local authorities who are in charge with notarial operations. The author believes that detection of problematic aspects of notarial activity helps to define mechanisms and directions of optimization of the system of the government.

Keywords: notarial operations, notary, officials, notarial paperwork, change of civil legislation, regulations, instruction, rules.

Eugenia Vasil’evna Pavlova
Vice-Chair of Administrative Law and Administrative Activity Department, Department of Internal Affairs of Orel Law Institute of Ministry of the Interior of Russia named after V.V. Luk’yanov, Candidate of Judicial Science, Associate Professor
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Annotation: prevention of unlawful actions trench up juveniles’ rights is actual problem of modern society. The author of the article bases on the analysis of current legal norms deal with roots of prevention of unlawful actions trench up juveniles’ rights, suggests using effective experience of particular objects of the Russian Federation in this sphere (especially experience of Kursk region). The author also describes some options aimed to improve current clauses of Code of RF concerning administrative violations. Exactly the author suggests to add a clause which can recognize administrative violation as family (domestic) debauchery towards juveniles.

Keywords: juveniles, prevention, unlawful actions, state bodies, Internal Affairs Agencies, administrative punishments, family (domestic) debauchery against minors.

Soldatov Boris Georgievich, Soldatova Natalia Viktorovna
Associate Professor of World Languages and Culture, Don State Technical University, and Associate Professor of General Educational and Law Disciplines Department, Rostov Institute (the brunch) of All-Russian State University of Justice in Rostov-on-Don, Candidate of Judicial Science, Associate Professor
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Soldatov Boris Georgievich, Soldatova Natalia Viktorovna
Associate Professor of the Department of Foreign Languages, Rostov brunch of Russian Customs Academy, and Associate Professor of General Educational and Law Disciplines Department, Rostov Institute (the brunch) of All-Russian State University of Justice in Rostov-on-Don, Candidate of Philological Science, Associate Professor
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Annotation: the present research is aimed to learn the process of vocationally-oriented teaching of foreign language in the context of formation skills of legal culture. The relevance of this approach of teaching foreign language in jurisprudence is cause by common cultural situation and globalization of processes occurred in Russia nowadays. Teaching foreign language in the context of legal culture gives wide opportunities in using multi-faceted tasks of creative and problematic character factoring into specificity of judicial faculty and in creating teaching situations simulating a lawyer’s activity performing his professional functions. Within communicative approach the authors pay special attention to usual communication in studying language and to role plays as a method providing communicative direction of studying. In Teaching foreign language the authors suggest to use the following means of formation of legal culture skills: multimedia material, business games on PC, preparation of PC manuals and complexes for distant education, and use of testing technologies.

Keywords: legal culture, communicative approach, role plays, simulation of situations, multimedia technologies, retrieval service, testing technologies.

Perepljotchikova Anastasia Igorevna
Postgraduate Student of the Theory of State and Law Department, Saratov State Academy of Law
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Annotation: the topicality of the topic is caused by necessity to increase effectiveness of regulation of public relations by means of legal norms. Novelty of the article is specified by the absence of common approach to concretizing norms interpretation. The subject of the research is strictly connected to its purpose which is detecting some specific features of concretizing norms in Russian law. The author gives her own definition of concretizing norms, proves need to create and use them, and formulates some specific features of concretizing norms. The article also contains explanation of the reasons and backgrounds of occurrence of this kind of law order. The author of the article describes the specificity of correlation between concretizing prescriptions and prescriptions which are concretized. The conclusion contains the author’s position concerning independence of concretizing norms. The research is made on the base of universal, general scientific, private law methods which are dialectical one, analysis, and comparison.

Keywords: concretizing norms, effectiveness of legal acts, features of concretizing norms, abstractness of norm consistence, concreteness of norm consistence, concretization of legal acts.

Anton Dmitrievich Zhelonkin
Postgraduate Student of the Theory of State and Law Department, Saratov State Academy of Law
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Annotation: the present paper is devoted to the research of mechanism of state and law influence on public relations in nowadays conditions and to the research of its institutional and functional components. The article contains description of state and law object of influence and political and legal grounds for such influence. The author analyses effects and possible troubles in correlation between state and law mechanism and mechanism of legal regulation. Each brunch of state and law influence has special nature, means, and orders of realization. The authors believe that as the Russian Federation is claimed to be social and legal state though main brunches of state activity and law’s influence have the same common social origin. Social meaning and functions of state have strong legal roots thus transforming legal ground of state. State and law functions are the components of state and law influence but mechanism of their realization is the part of mechanism of state and law influence.

Keywords: mechanism, state and law influence, Russian society, object of state and law impact, subject of state and law impact, state functions.

Natalia Alexandrovna Lyakhova
Assistant of State and Law Disciplines Department, Volga-region Institute of All-Russian State University of Justice in Saratov
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Annotation: specificity of Army National Guard’s aims and conditions of its reach is caused by high level of risk for existence and health and connected to moral and psychological will of the officials. High level of legal culture helps to minimize professional deformation expressions and to work out resistance to destabilizing factors of external environment. But in conditions of forming normative basics of organization and activities of National Guard the questions of legal culture and legal awareness of National Guard officials are still unexplored. This fact causes the relevance of this research. Scientific novelty of the article includes foundation of necessity to fill training and re-training programs with common cultural component directed to legal culture and legal awareness development among National Guard officials.

Keywords: Army National Guard, legal awareness, legal culture, human rights of freedoms, inner ethic values, professional activities.

Aleksej Sergeevich Evdokimov
Assistant lecture of the Department of Technosphere Security and Transport-Technological Mechanisms, Saratov State Vavilov Agrarian University, Candidate of Judicial Science.
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Marina Mikhajlovna Evdokimova
Inspector of Fire Prevention Department of the 3rd Detachment of Federal State Fire Fighting Service in Saratov Region.
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Annotation: the article is devoted to the relevant questions connected to some aspects of federal state fire fighting supervision for preventing fires in localities. The authors research questions of state power authorities’ and local authorities’ administrative responsibility for improper exercising powers in the sphere of fire prevention. This direction of the research is aimed to work out suggestions toward improvement of Russian law. The research is based on the following general scientific and deferential scientific methods: statistical, analytical, logical, legalistic, and rather-legal ones. The article contains research of component elements of administrative violations in the sphere of fire prevention. The authors depict correlation between the terms of “violation of fire safety rules” and “improper exercising powers in the sphere of fire prevention”. They also note lack of legal regulation of the questions of state power authorities’ and local authorities’ administrative responsibility in this particular sphere. According to the results of the present research the main conclusion is that some changes must be added into Administrative Violations Code Of The Russian Federation. The author suggest to amplify clause 20.4 with part 10th and 11th which call to set special component elements of administrative violations of improper exercising powers or non-exercising them at all in the sphere of fire safety. These suggestions are aimed to optimization of supervising activity in the area of fire prevention. The results of the research may be used by authorized powers of law-enforcement activity in their practice.

Keywords: fire safety, administrative responsibility, rules of fire safety, state power authorities, local authorities, terms of reference, locality.

Vadim Evgen'evich Bondarenko
Vice-President of the Saratov Court in Kirov Region
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