2013 N4

B.N. Zemtsov, Doctore of Sciences, Associate Professor, Moscow State Technical University
named N. Bauman (e-mail: Zemtsovbn @mail.ru)
GENESIS OF LEGAL CONSCIOUSNESS OF RUSSIA FROM THE POINT
OF VIEW OF THE HISTORIAN
In article attempt to track genesis of household sense of justice of the main social groups and the authorities,
legal philosophy from the point of view of the historian is made. On the one hand, this attempt is caused by existence
in an existing historiography of vulnerable provisions. On the other hand, in recent years in science new methodological
approaches to which the author suggests to pay attention collected.
In article the author tries to define the main lines of national sense of justice during the different periods of the
left XX century and the present moment.
Key words: legal consciousness, legal culture, right methodology, national mentality.
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Yu.V. Shedrina, Candidate of Sciences, Associate Professor, Regional Open Social Institute
(Kursk) (e-mail: shchedrinaj@gmail.com)
D.N. BLUDOV’S PROJECTS OF JUDGES’ INDEPENDENCE PROVISION (1857–1861)
The author focuses on D.N.Bludov’s projects of judges’ independence during the period 1857–1861, analyzing
the history of “Courts Constitution” and the evolution of views on the problems of legal control of judges’ independence.
The works of D.N.Bludov and the reasons of his bills’ failure are evaluated.
Key words: court reform, court statutes, D.N. Bludov, governor, judges’ independence, judges’ irremovability,
judges’ responsibility.
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O.G. Larina, Doctor of Law, Associate Professor, Southwest State University (Kursk)
(e-mail: lelyc@mail.ru)
O.A. Potselueva, Post-Graduate Student, Southwest State University (Kursk)
(ph. (4712) 52-38-18)
THE MAIN DIRECTIONS OF STATE REGULATION OF HEALTH CARE AND DEVELOPMENT
OF THE SYSTEM OF MEDICAL INSTITUTIONS IN RUSSIA IN XVII–XVIII CENTURIES
The author considers the prerequisites for the formation of government in health care, pharmacy, drugstore
business. Researched legal foundations of health system and public health institutions supervision in Russia in XVIIXVIII
centuries.
Key words: law, medicine, institution, healers, management, state.
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N.Yu. Andreev, Post-Graduate Student, Voronezh State University (e-mail: wredig@rambler.ru)
UNIVERSALISM AND PARTICULARISM IN SLAVOPHIL LAW AND STATE IDEAL
In this article author tries to find correlation between particularistic and universalistic elements in slavophil law
and state doctrine. Using early and late slapohiles (neoslavophiles) works, author comes to conclusion that slavophil
theory of state and law has particularistic and universalistic elements, but it is universalistic theory. And in this case it
can be regarded as alternative to western liberalism.
Key words: universalism, particularism came, Slavophilism, NEOs лавянофильство, state, law, conservatism.
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E.N. Voronov, Ph. D., Associate Professor, Southwest State University (Kursk)
(e-mail: envoronov@yandex.ru)
ON THE QUESTION OF THE IMPLEMENTATION OF THE RIGHTS OF THE CREDITOR
IN THE ENFORCEMENT PROCEEDINGS
The article deals with the legal status of the creditor in the enforcement proceedings. Argued position on the
need for more proactive claimant as a subject directly interested in the outcome of the enforcement proceedings.
Key words: enforcement proceedings, subjects, claimant, executive actions.
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Y.A. Tarasov, Ph.D., Associate Professor, Southwest State University (Kursk)
(e-mail: tarasovkursk@rambler.ru)
PECULIARITIES OF MEDIATION PROCEDURES
The author analyses the peculiarities of mediation procedures, its principles, main features as well as the mainstream
development.
Key words: alternative dispute resolution, mediation.
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E.N. Mikhailova, Leading expert of the Department, Executive production Control FSSP
is Russia's Kursk region (e-mail: Rolaw@rambler.ru)
THE FOREIGN ELEMENT IN THE MAINTENANCE OBLIGATIONS
This article analyzes the norms of family and civil law regulating Institute of maintenance obligations, complicated
foreign element and theoretical positions on the issues.
Key words: foreign citizen, foreign element, alimony, legal relations within marriage and the family.
_________________________
A.E. Boiko, Сandidate of Law, Associate Professor, Southwest State University (Kursk)
(e-mail: asia.boiko@yandex.ru)
SPECIFICS OF CONVERSION OF MUNICIPALITIES IN KURSK REGION
The features of the territorial organization of local government in the Kursk region. The analysis of criteria of a
municipal union’s optimum territory is carried out.
Key words: local government, municipality, municipal consolidation, administrative-territorial structure.
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E.A. Grokhotova, Lecturer, Southwest State University (Kursk) (e-mail: jusprofi@mail.ru)
RECONCILIATION LIMITS ON CRIMINAL CASES OF PRIVATE CHARGE
In this article the author considers a problem of definition of a temporary framework of reconciliation accused
with the victim by production on criminal cases of private charge. Making use of experience of the pre-revolutionary
legislation, and analyzing the standards of the modern criminal procedure legislation concerning procedure of reconciliation
on private charge, the author states own position.
Key words: reconciliation, private charge.
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A.A. Baybarin, Candidate of Science, Associate Proffessor, Southwest State University (Kursk)
(e-mail: andrewbaybarin@gmail.com)
E.O. Efimova, Post-Graduate Student, Southwest State University (Kursk)
(e-mail: pragmatik-alenka@mail.ru)
ROLE OF THE PERSONALITY OF INDIVIDUAL AND OF THE SITUATION
IN THE COMMISSION OF ROAD TRAFFIC OFFENSES
This article investigates the problem of the criminal behavior of the person in relation to the Art. 264 of the
Criminal Code. Authors conduct legal and criminological analysis of the personality of "careless" criminal, The mechanism
of the reckless criminal behavior is outlined.
Key words: criminal behavior, personality, road transport crime, criminological analysis.
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A.A. Grebenkov, Candidate of Science, Associate Professor, Southwest State University (Kursk)
(e-mail: grebenkov@gmail.com)
A.A. Baybarin, Candidate of Science, Southwest State University (Kursk)
(e-mail: andrewbaybarin@gmail.com)
PROBLEMS OF QUALIFICATION OF NONVIOLENT SEXUAL ASSAULT
ON PERSONS UNDER THE AGE OF 12 YEARS
The paper analyzes the issues related to legislative changes aimed at protecting young victims of sexual offenses.
Although some changes made by this law are assessed positively, the authors give a negative assessment of
the note to Art. 131 of the Criminal Code of RF, under which victims who have not attained the age of 12 are automatically
considered to be helpless. Authors conclud that this amendment should be limited to those acts which
which constitute the objective side of Art. 131 and 132 of the Criminal Code. They must be applied only to offenders
over 18 years of age and with regard to the principle of subjective imputation.
Key words: nonviolent sexual assaulte, juvenile victims, sexual offences.
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T.G. Lepina, Lecturer, Southwest State University (Kursk) (e-mail: lepina2813@mail.ru)
CROSSING OF OBJECTS CRIMINAL INFRINGEMENT ON INTELLECTUAL PROPERTY
AND COMPUTER CRIME INFORMATION
This article examines the relationship of objects criminal infringement of intellectual property crimes and objects
in the field of computer information.
Key words: criminal-law protection, intellectual property, copyright, inventors, computer information.
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E.O. Efimova, Post-Graduate Student, Southwest State University (Kursk)
(e-mail: pragmatik-alenka@mail.ru)
MODERN CONDITION OF THE ROAD CRIME IN RUSSIA
Presented by the author of the work contains information on the present level of road traffic injuries in the country,
and also the dynamics of the road of crime. The report also points out the relationship between the Commission
of the administrative offence in the field of traffic and crimes in this sphere.
Key words: accident, level, structure, dynamics, vehicle.
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M. N. Urda, Candidate of Sciences, Associate Professor, Southwest State University (Kursk)
(e-mail:urda.ru@rambler.ru)
THE QUESTION OF LICENSING TAG FOR THE PURPOSES OF ILLEGAL BUSINESS
This article is devoted to the application of Article 171 of the Criminal Code to the person carrying out the licensed
activity, under a license granted by the licensing authority of the Russian Federation on the territory of another
member of the Federation. Based on the analysis of the regulatory provisions of the legislation and the various
points of view, the author expresses his own judgment on the matter.
Key words: qualification, licensing, entrepreneurial activity, illegal enterprise.
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T.K. Ryabinina, Candidate of Sciences, Professor, Deserved lawyer of the Russian Federation,
Southwest State University (Kursk) (e-mail: tatyanakimovna-r@yandex.ru)
SHOULD CHANGE AUTHORITY PROSECUTOR TO THE REGULATION CONSTITUTIONAL
COURT OF THE RUSSIAN FEDERATION
The problems associated with the return of criminal cases to the prosecutor to change the charges for the
worse for the defendant's side.
Key words: Institute for the return of criminal cases to the prosecutor, Resolution of the Constitutional Court of
the Russian Federation, powers of the prosecutor.
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I.N. Chebotareva, Candidate of Sciences, Associate Professor, Southwest State University (Kursk)
(e-mail: cheb_irina@mail.ru)
THE RIGHT TO FREE ASSISTANCE OF A DEFENCE LAWYER DURING
CRIMINAL PROCEEDINGS
The article considers the issues related to the right of the defendant to use Windows defender, free of charge.
There are subjects, rendering legal assistance in criminal proceedings the suspect, the accused free of charge. Determine
the cases in which the suspect and the accused are entitled to legal counsel without charge.
Key words: counsel, appointment of defender, free legal assistance.
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A.V. Zhalnina, Lecturer, Southwest State University (Kursk) (e-mail: anuta-46@mail.ru )
ABOUT OF PROCEDURAL FUNCTIONS OF THE INVESTIGATOR
IN THE CRIMINAL PROCESS
In this article the author gives a brief overview of the scientific views on the function carried out by an investigator
in the criminal proceedings. Substantiates the point of view that the investigator must perform the function of a
criminal investigation, which requires reform of the criminal procedure law.
Key words: function of the charges, function of the criminal investigation, function of the criminal case on the
merits, protection function.
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V.I. Fadeev, Candidate of Sciences, Senior Lecturer, Kursk Cooperation Institute
(ph. 8-961-196-82-71)
THE IMPORTANCE OF THE JUDICAL TESTING IN INVESTIGATING
THE CRIMINAL EVENTS SIMULATION
Various forensic medicine examinations play a great role in disclosing simulation. The results of the examinations
contained in the conclusions are the starting points in investigating the criminal events simulation. Information
contained in the expert's conclusions is negative and the factual data in this information are the negative circumstances.
The given article considers and analyses various examination conclusions, forensic medicine examination of
the alive people, forensic medicine examination in case of sexual crimes, forensic ballistic examination and handwriting
examination. These examinations are of great importance for the preliminary investigation.
Key words: simulation, forensic medicine, ballistic, handwriting examinations.
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Y.P. Ryapolova, Senior Lecturer, Southwest State University (Kursk)
(e-mail: yarosslava@mail.ru)
SUBJECT AND LIMITS OF JUDICIAL REVIEW COMPLAINTS AGAINST ACTIONS
AND DECISIONS AT THE CRIMINAL CASE INITIATION STAGE
The article discusses the theoretical and practical issues related to the definition of the subject and scope of judicial
review of complaints under the criminal case initiation stage. The author explores the criteria for admissibility of
the complaint the actions and decisions during the inspection reports of the crime.
Key words: criminal case initiation stage, complaint, court, procedural action, decision.
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V.M. Goryainov, Ph.D., Associate Professor, Southwest State University (Kursk)
(e-mail: rapira100mm@yandex.ru)
CIVIL RIGHTS AND POLITICAL INVESTIGATION IN RUSSIAN
IN THE LATE 19TH AND EARLY 20TH CENTURIES
The article reveals the peculiarities of the development of civil rights and freedoms in the Russian Empire. The
author views and evaluates the work of law enforcement agencies in this field.
Key words: human rights, Russian Empire, gendarme corps, inquiry, exile.
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Y.I. Krasilnikova, Candidate of Sciences, Associate Professor, Novosibirsk State Technical
University (e-mail: katrina97@yandex.ru)
A.V. Chernysh, Post-Graduate Student, Southwest State University (Kursk)
(e-mail: anastasiachernysh@mail.ru)
FAREWELL OF INHABITANTS OF THE CITIES OF WESTERN SIBERIA
WITH V.I.LENIN (JANUARY, 1924): SOURCES AND IDEOLOGICAL VALUE OF RITUAL
Тhis article is devoted to the organization problems of farewell inhabitants in the Western Siberian cities with
Vladimir Lenin, who died in 1924. The authors reveal the connection of farewell ritual with pre-revolutionary palace
ceremonial funeral, with traditional folk performances of the death and burial, as well as with the new practice of "redfuneral"
victims of the Civil War. The article explains the ideological significance of this ritual farewell.
Key words: funeral commemoration, tradition, memory politics.
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V.V. Korovin, Doctor of Sciences, Professor, Member of the Academy of Military History sciences,
Southwest State University (Kursk) (e-mail: vlavikor@yandex.ru)
A.V. Romanov, Post-Graduate Student, Southwest State University (Kursk)
(e-mail: andrew04091989@yandex.ru)
CONDITION OF HEALTHCARE OF THE POPULATION GUBERNIYA
OF KURSK DURING WORLD WAR I
This article discusses the condition of healthcare as one of the most important indicators of life of the population
in the guberniya of Kursk during World War I.
Key words: World War I, guberniya of Kursk, healthcare.
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V.V. Korovin, Doctor of Sciences, Professor, Southwest State University (Kursk)
(e-mail: vlavikor@yandex.ru)
D.A. Belozyorov, Post-Graduate Student, Southwest State University (Kursk)
(e-mail: kursk-liga@mail.ru)
THE ACTIVITIES OF THE REGIONAL ORGANIZATION OF THE ALL-UNION SOCIETY
"KNOWLEDGE", TO PROMOTE SCIENTIFIC AND POLITICAL KNOWLEDGE AMONG
THE POPULATION OF THE KURSK REGION (EARLY 50'S - MID 70-IES OF XX CENTURY)
On the basis of documents and records of the State Archives of Kursk region first introduced in the scientific
revolution, in a generalized form presents a historical analysis of the Kursk regional branch of All-Union Society
"Knowledge", to promote scientific and political knowledge among the population of the Kursk region in 1950 - early
1970 of the XX century.
Key words: All-Union Society «Knowledge», population, promote scientific, population.
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E.D. Mihaylova, Сandidate of Sciences, Associate Professor, Southwest State University (Kursk)
(e-mail: miheldm@yandex.ru)
DEVELOPMENT OF THE RELIGIOUS DISSIDENCE AND ITS INFLUENCE UPON ORTHODOX
COMMUNITY ON THE TERRITORY OF CENTRAL RUSSIA IN THE SECOND HALF
XIX - BEGINING XX CENTURIES (BASED ON THE MATERIALS OF KURSK DIOCESE)
The Article is dedicated to revealing the extensive complex of reasons that influenced the growth of protesting
forms ageiust religion. Based on the materials of Kursk Diocese, author shows that important premises to activations
of educational and missionary activity of orthodox priesthood was a rapid development of the religious dissidence
on the territory of Russian Empire in the second half XIX – beginning XX centries.
Key words: religious dissidence, orthodox community, sectarianism, reforms period.
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