Аннотация: This work deals with the high priority issue of social solidarity. The problem is analyzed widely: psychological, political, legal aspects of solidarity have been studied. Much attention is paid to review of legal “solidaristic,” geopolitical, anthropological and other solidarity concepts. There have been studies of different opinions related to establishment of borders, localization of political space, specifics of political institutes, involvement of political emotions and fantasies. Together with the study of political and legal specifics of solidarity as a phenomenon and a condition, its metaphysical and philosophical basis have been investigated. In the process of deep study of the subject (the author used such studies in his investigation), deepest aspects of solidarity go to the foreground. It becomes obvious that the tendency and unrecognized desire to integrity, unity and corporativity appear in the very nature of social: solidarity becomes initial in relation to all the rest of division, differentiation and individualization processes. Ultimately, even localization and division processes lead in the end to the following, large-scale or even global cooperation. The work analyzes the most important statements of theories that prioritize the solidarity and unity problem. Naturally, the most attention is paid to socalled “juridical solidarity,” that developed theoretical and legal basis for investigation of solidarity issues. Another influential intellectual movement that put the problem of global solidarity and unification to the foreground was geopolitics. Unfortunately, modern legal theory does not pay enough attention to both ideas: the first one has been almost forgotten, the second one just started to be extensively recognized. Solidarity in some sense is an imagery category. The ideal complete solidarity has never existed anywhere, therefore, it served only as a slogan or call. To some degree, the social unity can be achieved, it is indicated by the previous results of numerous social experiments such as building of empires, unions, “reichs,” communities etc. Inseparably, solidarity is connected with power; power forms the unity and is created itself by social unity. Set of means used by the authorities (most often it is presented as a state, however, not only as a state) to create and main tain the unity is huge. However, enforcement is used the most, with or without legal forms. Sometimes it is equipped with the set of fine instruments, sometimes it is presented as a brute force: when power grows to the level of a reign, then solidarity becomes a dead mechanism and an unmovable monolith. Solidarity is implemented in small social formations as well as on imperial or global level. Globalization processes cannot skip the solidarity problem. Combination of dynamics and balance (that is also dynamic) helps to provide the desirable order for solidarity. This may be the order of national communities, “large spaces” or global order. Order in particular, social (and legal as its derivation), makes the nature of solidarity, when the whole, naturally dominates upon its parts and cannot be described as only their sum. Thus, integrity, order and unity – these are the main components of solidarity. As we accept this as granted, then we may have a different look at deep processes that take place in modern society, where call to solidarity is seen more clear and where it becomes to be recognized in spite of all disintegrating, demagogic and shallow ideological layers and patterns.

Abstract: This work deals with the high priority issue of social solidarity. The problem is analyzed widely: psychological, political, legal aspects of solidarity have been studied. Much attention is paid to review of legal “solidaristic,” geopolitical, anthropological and other solidarity concepts. There have been studies of different opinions related to establishment of borders, localization of political space, specifics of political institutes, involvement of political emotions and fantasies. Together with the study of political and legal specifics of solidarity as a phenomenon and a condition, its metaphysical and philosophical basis have been investigated. In the process of deep study of the subject (the author used such studies in his investigation), deepest aspects of solidarity go to the foreground. It becomes obvious that the tendency and unrecognized desire to integrity, unity and corporativity appear in the very nature of social: solidarity becomes initial in relation to all the rest of division, differentiation and individualization processes. Ultimately, even localization and division processes lead in the end to the following, large-scale or even global cooperation. The work analyzes the most important statements of theories that prioritize the solidarity and unity problem. Naturally, the most attention is paid to socalled “juridical solidarity,” that developed theoretical and legal basis for investigation of solidarity issues. Another influential intellectual movement that put the problem of global solidarity and unification to the foreground was geopolitics. Unfortunately, modern legal theory does not pay enough attention to both ideas: the first one has been almost forgotten, the second one just started to be extensively recognized. Solidarity in some sense is an imagery category. The ideal complete solidarity has never existed anywhere, therefore, it served only as a slogan or call. To some degree, the social unity can be achieved, it is indicated by the previous results of numerous social experiments such as building of empires, unions, “reichs,” communities etc. Inseparably, solidarity is connected with power; power forms the unity and is created itself by social unity. Set of means used by the authorities (most often it is presented as a state, however, not only as a state) to create and main tain the unity is huge. However, enforcement is used the most, with or without legal forms. Sometimes it is equipped with the set of fine instruments, sometimes it is presented as a brute force: when power grows to the level of a reign, then solidarity becomes a dead mechanism and an unmovable monolith. Solidarity is implemented in small social formations as well as on imperial or global level. Globalization processes cannot skip the solidarity problem. Combination of dynamics and balance (that is also dynamic) helps to provide the desirable order for solidarity. This may be the order of national communities, “large spaces” or global order. Order in particular, social (and legal as its derivation), makes the nature of solidarity, when the whole, naturally dominates upon its parts and cannot be described as only their sum. Thus, integrity, order and unity – these are the main components of solidarity. As we accept this as granted, then we may have a different look at deep processes that take place in modern society, where call to solidarity is seen more clear and where it becomes to be recognized in spite of all disintegrating, demagogic and shallow ideological layers and patterns.

Аннотация: The article proves that the particular topicality of the social responsibility in the contemporary world needs not only the study of the social life’s reality, but also the clarification of some theoretical and logical and conception problems. From the author’s point of view, the responsibility can be regarded as a whole social phenomenon presenting itself as a social responsibility. It is marked with subject and object relations including the requirements to the subject of the responsibility stipulated by actual society’s conditions (economic, political, spiritual etc.) and his or her reaction to them. The article underlines that the responsibility is a complicated system formation. The responsibility’s analysis from its carrier’s point of view permits to address to the subject of the responsibility. The activity’s character is a ground for the extraction of the professional, social, family responsibility etc. In axiological plan the subject and object relations acquire the forms of the moral and legal responsibility. The author assumes that the positive and negative significance of the responsibility acquires the apparent theoretical importance. The article underlines that the most important thing in the philosophic exploration of the social responsibility are its positive components, which determine the conscious, active subject’s attitude to the reality, skills in the present’s projection to the future (rather than its negative significance, responsibility for the ‘guilt’). The author supports the opinion of those jurisprudents who believe that the positive legal responsibility is the most important element of the legal status of the subject of responsibility. The article touches upon the problem of the perception of the moral and legal responsibility by subject. According to the author, the requirements to the person from the law and social morale can be accepted by him or her either as internally necessary or externally imposed (alien). The ‘measure of the responsibility’ is a balance between the internal and external, positive and negative attitude to these requirements. The author believes that the personal responsibility is stipulated by influence of the macrocosm and microcosm’s values subjectively perceived by a person in accordance with his or her cultural level, moral maturity, psychological organization etc. The personal responsibility includes not only the ‘feeling of the responsibility’ (personal emotions and feelings encompassed by ‘soulfulness’ conception): it assumes the conscious attitude to the consequences of the person’s actions, i.e. presence of the ‘spirituality’ in the person. The article brings the circumstances for analysis, which are the source of the low level responsibility of the member of the society and puts emphasis thereon that the degree and nature of the external circumstances’ influence depends on the individual’s personal properties. Finally, the author comes to conclusion that the wholly responsible person is a person originally aware of the consequences of his or her behaviour and activity and capable to act aiming at the future results. In connection therewith the society (and the state, on his behalf) are obliged to create such an economic, social, spiritual, political and legal situation, which would not eliminate the responsible behaviour and contribute to its growth.

Abstract: The article proves that the particular topicality of the social responsibility in the contemporary world needs not only the study of the social life’s reality, but also the clarification of some theoretical and logical and conception problems. From the author’s point of view, the responsibility can be regarded as a whole social phenomenon presenting itself as a social responsibility. It is marked with subject and object relations including the requirements to the subject of the responsibility stipulated by actual society’s conditions (economic, political, spiritual etc.) and his or her reaction to them. The article underlines that the responsibility is a complicated system formation. The responsibility’s analysis from its carrier’s point of view permits to address to the subject of the responsibility. The activity’s character is a ground for the extraction of the professional, social, family responsibility etc. In axiological plan the subject and object relations acquire the forms of the moral and legal responsibility. The author assumes that the positive and negative significance of the responsibility acquires the apparent theoretical importance. The article underlines that the most important thing in the philosophic exploration of the social responsibility are its positive components, which determine the conscious, active subject’s attitude to the reality, skills in the present’s projection to the future (rather than its negative significance, responsibility for the ‘guilt’). The author supports the opinion of those jurisprudents who believe that the positive legal responsibility is the most important element of the legal status of the subject of responsibility. The article touches upon the problem of the perception of the moral and legal responsibility by subject. According to the author, the requirements to the person from the law and social morale can be accepted by him or her either as internally necessary or externally imposed (alien). The ‘measure of the responsibility’ is a balance between the internal and external, positive and negative attitude to these requirements. The author believes that the personal responsibility is stipulated by influence of the macrocosm and microcosm’s values subjectively perceived by a person in accordance with his or her cultural level, moral maturity, psychological organization etc. The personal responsibility includes not only the ‘feeling of the responsibility’ (personal emotions and feelings encompassed by ‘soulfulness’ conception): it assumes the conscious attitude to the consequences of the person’s actions, i.e. presence of the ‘spirituality’ in the person. The article brings the circumstances for analysis, which are the source of the low level responsibility of the member of the society and puts emphasis thereon that the degree and nature of the external circumstances’ influence depends on the individual’s personal properties. Finally, the author comes to conclusion that the wholly responsible person is a person originally aware of the consequences of his or her behaviour and activity and capable to act aiming at the future results. In connection therewith the society (and the state, on his behalf) are obliged to create such an economic, social, spiritual, political and legal situation, which would not eliminate the responsible behaviour and contribute to its growth.

Аннотация: Author defends the thesis that in the modern democratic civil society the law is called upon above all to contribute to the harmonization of the public interests, and not to overcome possible conflicts and contradictions that have arisen as a result of their opposition. In this sense, the study of the public opinion on the problems, related to the application and improvement of laws, is examined as a prerequisite for the overcoming of possible social conflicts of interests in their very bud. The modern public practice unambiguously testifies that is one of the most productive branches in the development of the applied social; scientific researches.

Abstract: Author defends the thesis that in the modern democratic civil society the law is called upon above all to contribute to the harmonization of the public interests, and not to overcome possible conflicts and contradictions that have arisen as a result of their opposition. In this sense, the study of the public opinion on the problems, related to the application and improvement of laws, is examined as a prerequisite for the overcoming of possible social conflicts of interests in their very bud. The modern public practice unambiguously testifies that is one of the most productive branches in the development of the applied social; scientific researches.

Аннотация: The harmonious functioning of legal regulation mechanism, ensurance of legality and the law and order in many respect depend on a level of lawyers’ professional culture. The author pays attention to wide spreading of authorslawyers’ approaches in understanding the terms “legality” and “legal culture” and tries to overcome this misunderstanding. To eliminate disagreements in literature on law concerning the definition of legality as a principle, method, requirements and mode, it is suggested considering them as various entities rather than mutually controversial demonstration of common essence of legality. It is necessary to see both practical side in legality connected with transformation of normative and internal one connected with views, rules, morale of an individual, society and social groups including lawyers. Otherwise, legality acts as something formal and external in relation to a person and society. In this article an attempt is made to overcome available in literature disagreements which concern understanding lawyers’ legal and professional culture. According to the author professional and legal culture can be defined as caused by division of labor, a version of legal culture of society representing itself a measure of development and practical use of legal values by lawyers as a socially-professional group. The author emphasizes that legality and legal culture being rather independent social phenomena are in close relations. Establishing and ensuring law and order are an important factor for skilled lawyers. Professional lawyers are aimed at protecting individuals’ legitimate rights and interests, which organically results from the nature of a lawful state. Domination of the right, supremacy of the law, coherence of the state and an individual by means of mutual rights and duties are principles which refer to the professional and legal sphere and are the major indicators of a professional culture level. Moreover, high professional culture and strict execution of lawyers’ duties assigned to them are an important guarantee of individual rights, which imposes a special responsibility on law-enforcement and other legal bodies. In its turn, ensurance of the legality in society in many respects depends on quantity and a qualification level of a legal socially-professional staff. In this connection the author estimates this condition and also available difficulties and problems in law education and science of law as important indicators of legal culture of lawyers and all society as well. In conclusion on the basis of sociological research data the author shows how legality problems and its independence on legal culture are reflected in the lawyer’s professional consciousness.

Abstract: The harmonious functioning of legal regulation mechanism, ensurance of legality and the law and order in many respect depend on a level of lawyers’ professional culture. The author pays attention to wide spreading of authorslawyers’ approaches in understanding the terms “legality” and “legal culture” and tries to overcome this misunderstanding. To eliminate disagreements in literature on law concerning the definition of legality as a principle, method, requirements and mode, it is suggested considering them as various entities rather than mutually controversial demonstration of common essence of legality. It is necessary to see both practical side in legality connected with transformation of normative and internal one connected with views, rules, morale of an individual, society and social groups including lawyers. Otherwise, legality acts as something formal and external in relation to a person and society. In this article an attempt is made to overcome available in literature disagreements which concern understanding lawyers’ legal and professional culture. According to the author professional and legal culture can be defined as caused by division of labor, a version of legal culture of society representing itself a measure of development and practical use of legal values by lawyers as a socially-professional group. The author emphasizes that legality and legal culture being rather independent social phenomena are in close relations. Establishing and ensuring law and order are an important factor for skilled lawyers. Professional lawyers are aimed at protecting individuals’ legitimate rights and interests, which organically results from the nature of a lawful state. Domination of the right, supremacy of the law, coherence of the state and an individual by means of mutual rights and duties are principles which refer to the professional and legal sphere and are the major indicators of a professional culture level. Moreover, high professional culture and strict execution of lawyers’ duties assigned to them are an important guarantee of individual rights, which imposes a special responsibility on law-enforcement and other legal bodies. In its turn, ensurance of the legality in society in many respects depends on quantity and a qualification level of a legal socially-professional staff. In this connection the author estimates this condition and also available difficulties and problems in law education and science of law as important indicators of legal culture of lawyers and all society as well. In conclusion on the basis of sociological research data the author shows how legality problems and its independence on legal culture are reflected in the lawyer’s professional consciousness.

Аннотация: History of criminology is unique because it reveals sphere of taskoriented efforts to study the negative side of human behavior, which has been attracting attention of legislators, and judges, and kings, and ordinary people, and philosophers, and lawyers, and religious leaders from primordial time. During active efforts to study delinquency, the very first scientific studies faced the main problem presenting inevitable and basic secret to scientists and practitioners of that time: the issue of real reasons of crime commitment. First of all, it was not clear what does crime commitment depend on and what is it related to: personality or environment? Is the inclination to commit a crime “acquired” or is it congenital, or inherited, etc? These questions needed analytical approach, and such efforts to get answers resulted in fundamental scientific theories which divided scientists into two schools: anthropological and sociological. First group focused their attention on criminal’s personality and the second group – on society weaknesses (society structure). In Russia systematic study of delinquency was first studied within sociological school of criminal law, which was characterized by analysis of a crime not only as juridical conception but also as a social issue. The school that took new methodological positions on delinquency study was the left wing of sociological school of the criminal law in Russia. Its representatives showed methodological limitation of factor theory and its inability to explain real reasons of delinquency, they made the right conclusion, which said that only on the basis of dialectic method it is possible to present adequate theoretical description of delinquency. Delinquency study continued during the Soviet epoch. Analysis of delinquency state, its reasons, and criminal’s personality was made by institutions of justice, police, state authorities, research officers, society and students. Scientific- method base for conduct of delinquency research were statistic institutions where so-called moral statistic was concentrated and which had facilities to study delinquency and a criminal, which were developed by various establishments and institutions in large cities. Present period of long-running transition to the market economy in the country, which is accompanied with thorny condition, political and social conflicts and consequently, growth of delinquency, on one hand, makes it more difficult to study delinquency, but on the other hand, – it objectively puts responsibility on scientists together with practitioners and experts in related sciences to continue actively its study. Many of theoretical postulates require rethinking.

Abstract: History of criminology is unique because it reveals sphere of taskoriented efforts to study the negative side of human behavior, which has been attracting attention of legislators, and judges, and kings, and ordinary people, and philosophers, and lawyers, and religious leaders from primordial time. During active efforts to study delinquency, the very first scientific studies faced the main problem presenting inevitable and basic secret to scientists and practitioners of that time: the issue of real reasons of crime commitment. First of all, it was not clear what does crime commitment depend on and what is it related to: personality or environment? Is the inclination to commit a crime “acquired” or is it congenital, or inherited, etc? These questions needed analytical approach, and such efforts to get answers resulted in fundamental scientific theories which divided scientists into two schools: anthropological and sociological. First group focused their attention on criminal’s personality and the second group – on society weaknesses (society structure). In Russia systematic study of delinquency was first studied within sociological school of criminal law, which was characterized by analysis of a crime not only as juridical conception but also as a social issue. The school that took new methodological positions on delinquency study was the left wing of sociological school of the criminal law in Russia. Its representatives showed methodological limitation of factor theory and its inability to explain real reasons of delinquency, they made the right conclusion, which said that only on the basis of dialectic method it is possible to present adequate theoretical description of delinquency. Delinquency study continued during the Soviet epoch. Analysis of delinquency state, its reasons, and criminal’s personality was made by institutions of justice, police, state authorities, research officers, society and students. Scientific- method base for conduct of delinquency research were statistic institutions where so-called moral statistic was concentrated and which had facilities to study delinquency and a criminal, which were developed by various establishments and institutions in large cities. Present period of long-running transition to the market economy in the country, which is accompanied with thorny condition, political and social conflicts and consequently, growth of delinquency, on one hand, makes it more difficult to study delinquency, but on the other hand, – it objectively puts responsibility on scientists together with practitioners and experts in related sciences to continue actively its study. Many of theoretical postulates require rethinking.

Аннотация: In the article for the first time the process of the formation of the courts of general jurisdiction is investigated in its integrity in the course of legal reform prompted by Peter I. The system included such courts as gorodovyye/provincial and nadvornyye courts and Justitz-kollegia. The author systematically analyses normative and legal documents which have regulated competence of gorodovyye/ provincial, nadvornyye courts and Justitz-kollegia. In addition, on the basis of archive sources author demonstrates the functioning of the mentioned above juridical bodies namely as the courts of general jurisdiction. The opinion is proved that Justitz-kollegia in reality had been the juridical rather than administrative body. Special attention is paid to the conditions of the origin of the courts of general jurisdiction on the line of structural and functional division of the legal bodies from the administrative ones. In relation to this in the article for the first time the statements are described which had been prepared on the basis of the Swedish normative sources of the Instructions to voevodas and zemskiye komissars of 1719 year, which secured the division of the juridical bodies from the administrative ones. In addition, the author describes the difficulties which have arisen when this division has been put into practice.

Abstract: In the article for the first time the process of the formation of the courts of general jurisdiction is investigated in its integrity in the course of legal reform prompted by Peter I. The system included such courts as gorodovyye/provincial and nadvornyye courts and Justitz-kollegia. The author systematically analyses normative and legal documents which have regulated competence of gorodovyye/ provincial, nadvornyye courts and Justitz-kollegia. In addition, on the basis of archive sources author demonstrates the functioning of the mentioned above juridical bodies namely as the courts of general jurisdiction. The opinion is proved that Justitz-kollegia in reality had been the juridical rather than administrative body. Special attention is paid to the conditions of the origin of the courts of general jurisdiction on the line of structural and functional division of the legal bodies from the administrative ones. In relation to this in the article for the first time the statements are described which had been prepared on the basis of the Swedish normative sources of the Instructions to voevodas and zemskiye komissars of 1719 year, which secured the division of the juridical bodies from the administrative ones. In addition, the author describes the difficulties which have arisen when this division has been put into practice.

Аннотация: It is hard to understand English criminal law both now and always without examination into history of crime of homicide as the part of history of criminal law. And so in his article the author examines crime of homicide in the course of making law from Law of Aethelbert to fourteenth-century statutes. In the article’s beginning author analyzes the provisions of Anglo-Saxon and Anglo-Norman laws generally including laws of Alfred and Leges Henrici Primi. Relying on history of criminal law author underlines that there was a birth of basic and essential elements of crime of homicide in the early medieval England. In particular, it was “diffinicio homicidii” which included circumstances of the case and the person involved, as well as division between murder and manslaughter. The article contains the studies of Bracton’s fundamental ideas on homicide he established in his tractate as a new doctrine. Bracton’s doctrine is the main subject to consideration, and its analysis takes the significant part of the article, inasmuch as it is the main medieval source of crime of homicide. The article underlines that this doctrine contains following basic elements: the regard homicide as a crime, type of homicide, relation between sentencing decision and degree of guilt, aggravation and extenuation, and release from punishment and liability. The author underlines that the Bracton contributed greatly to the English law with his doctrine of homicide and a number of other doctrinals which later became integral to the English common law. Later tractates Fleta, Britton, and Mirror of Justice failed to update Bracton’s one. Their epigonous spirit was shown up in comparative analysis by which there was found out what is unique and what is the same in these tractates and Bracton’s one. The reigning feature of thirteenth- and fourteenth-century tractates is their authors had quoted clauses of the statutes. The author clears up the state of the determination of guilt in thirteenthand fourteenth-century England. In this case it is very important to specify the wide range of synonymous terms in determination of guilt and its degree. It is clearly shown by statutes and particular criminal cases in which there was made the attempts to re-state common law, keep it current, and elaborate it on. Furthermore, author reviews the abuse of pardon. Inasmuch as the purchase charters of pardon was largely correlate with possibilities to take fees to the Crown in accordance with chattels of accused of homicide, therefore the abuse of charters of pardon for accused of homicide had come to the end of its tether in fourteenth century, and this required permanent policymaking, because of continuous stream of petitions to the kings and parliament declaration by statutes of that problem seemed to be unsolvable.

Abstract: It is hard to understand English criminal law both now and always without examination into history of crime of homicide as the part of history of criminal law. And so in his article the author examines crime of homicide in the course of making law from Law of Aethelbert to fourteenth-century statutes. In the article’s beginning author analyzes the provisions of Anglo-Saxon and Anglo-Norman laws generally including laws of Alfred and Leges Henrici Primi. Relying on history of criminal law author underlines that there was a birth of basic and essential elements of crime of homicide in the early medieval England. In particular, it was “diffinicio homicidii” which included circumstances of the case and the person involved, as well as division between murder and manslaughter. The article contains the studies of Bracton’s fundamental ideas on homicide he established in his tractate as a new doctrine. Bracton’s doctrine is the main subject to consideration, and its analysis takes the significant part of the article, inasmuch as it is the main medieval source of crime of homicide. The article underlines that this doctrine contains following basic elements: the regard homicide as a crime, type of homicide, relation between sentencing decision and degree of guilt, aggravation and extenuation, and release from punishment and liability. The author underlines that the Bracton contributed greatly to the English law with his doctrine of homicide and a number of other doctrinals which later became integral to the English common law. Later tractates Fleta, Britton, and Mirror of Justice failed to update Bracton’s one. Their epigonous spirit was shown up in comparative analysis by which there was found out what is unique and what is the same in these tractates and Bracton’s one. The reigning feature of thirteenth- and fourteenth-century tractates is their authors had quoted clauses of the statutes. The author clears up the state of the determination of guilt in thirteenthand fourteenth-century England. In this case it is very important to specify the wide range of synonymous terms in determination of guilt and its degree. It is clearly shown by statutes and particular criminal cases in which there was made the attempts to re-state common law, keep it current, and elaborate it on. Furthermore, author reviews the abuse of pardon. Inasmuch as the purchase charters of pardon was largely correlate with possibilities to take fees to the Crown in accordance with chattels of accused of homicide, therefore the abuse of charters of pardon for accused of homicide had come to the end of its tether in fourteenth century, and this required permanent policymaking, because of continuous stream of petitions to the kings and parliament declaration by statutes of that problem seemed to be unsolvable.

Аннотация: This article is devoted to actual problems of creation of national planning system in the Russian Federation. Special attention is paid to issues concerning legal groundwork for this process. A lot of attention in this paper is given to a theoretical problem of correlation between plans and rights as forms and methods of state activity. Results of the scientific discussion that concern this topic and can be traced in Russian legal literature of the Soviet period (since 1920s) were comprehensively considered. In the paper points of view on the given question by such authors as S.S. Alekseev, N.G. Aleksandrov, O.E. Kutafin, A.F. Nozdrachev, S.M. Bertsinsky, V.V. Laptev, A.V. Mitskevich, E.B. Pashukanis and others were introduced and considered. The author based his own position on the detailed analysis of the current Russian legislation regulating issues concerning results-oriented planning, as well as separate federal target programs presented as examples. The conclusion was made in the paper saying that planned documents (programs, projects) confirmed by public authority bodies are a version of legal acts. A planned norm not only fixes the purpose of authorities’ activity but also connects achievement of the given purpose with the certain period of time, as well as a complex of necessary measurements and resources. One of the main lacks of the current federal legislation regulating processes of planning is its fragmentariness and discrepancy. Recognition of the fact that there is a legal norm in a planned norm causes certain requirements to a definition of contents of a norm, use of legal terms and structures allowing to define precisely rights and a duties of subjects, as well as liability for nonperformance of a norm. A purpose that is being formulated should be concrete, measurable, achievable and it should meet other targetsetting requirements (so-called SMART-requirements). Taking into account that the given requirements are rarely observed, it is necessary to develop and define special rules of text legal drafting methodology of texts developing for planned documentation of different kinds.

Abstract: This article is devoted to actual problems of creation of national planning system in the Russian Federation. Special attention is paid to issues concerning legal groundwork for this process. A lot of attention in this paper is given to a theoretical problem of correlation between plans and rights as forms and methods of state activity. Results of the scientific discussion that concern this topic and can be traced in Russian legal literature of the Soviet period (since 1920s) were comprehensively considered. In the paper points of view on the given question by such authors as S.S. Alekseev, N.G. Aleksandrov, O.E. Kutafin, A.F. Nozdrachev, S.M. Bertsinsky, V.V. Laptev, A.V. Mitskevich, E.B. Pashukanis and others were introduced and considered. The author based his own position on the detailed analysis of the current Russian legislation regulating issues concerning results-oriented planning, as well as separate federal target programs presented as examples. The conclusion was made in the paper saying that planned documents (programs, projects) confirmed by public authority bodies are a version of legal acts. A planned norm not only fixes the purpose of authorities’ activity but also connects achievement of the given purpose with the certain period of time, as well as a complex of necessary measurements and resources. One of the main lacks of the current federal legislation regulating processes of planning is its fragmentariness and discrepancy. Recognition of the fact that there is a legal norm in a planned norm causes certain requirements to a definition of contents of a norm, use of legal terms and structures allowing to define precisely rights and a duties of subjects, as well as liability for nonperformance of a norm. A purpose that is being formulated should be concrete, measurable, achievable and it should meet other targetsetting requirements (so-called SMART-requirements). Taking into account that the given requirements are rarely observed, it is necessary to develop and define special rules of text legal drafting methodology of texts developing for planned documentation of different kinds.

Аннотация: The article is devoted to the methodological points of codification of the Russian legislation on social security. In accordance to the general theory of law, only normatevely-legal acts, i.e. the ones containing legal regulations are subject to the selection of legislation codification. However, in reality only a small number of acts consist of legal regulations. Moreoften normanevely-legal acts contain non-normative propositions as well, such as individual norms, appeals, addressings and preambles. Acts consisting both of legal regulations and non-normative propositions are considered to be subject to codification in particular. To be exact, only legal regulations will be selected for codification wheares non-normative propositions will be rejected. At the same time not all of the traditionally ranked with non-normative propositions are surely the ones, e.g. in the Russian juridical science the problem of the lawforce of the Preamble to the normative act is quite a moot point. There is no juridical securing of the preamble lawforce. Neither are there the requirements to what acts it should be and to its content. Law courts consider the Preamble role differently. There are cases when law courts in their desicions allege to the propositions of the Preamble but these cases are rare. The majority of scientists and practical workers regard that the preamble doesn’t have the normative character, can’t and mustn’t contain legal regulations, but only declarative propositions, addressings, etc. But there is another opinion. Some researchers are sure in the law Preamble being its part and because of that it can’t take part in legal regulation of those terms that are the law object. It is suggested that in the Preamble norms-principals or norms-definitions should be fixed. In the legislation on social security currently in force such examples take place. While selecting acts for the codification of the legislation on social security it’s necessary to mind the following. One mustn’t automatically exclude the Preamble from the text of the laws codified only for the reason of their not being officially acknowledged normative. It’s necessary to evaluate their content beforehand. The most fundamental Preambles must be transformed into the norms of the future code of social security. Besides, the future Code of social security itself must be provided with the detailed Preamble with politically-legal and social obligations of the Russian Federation in the sphere of social security fixed in it. The further development of the branch legislation must take place on the basis of those common principles that are formulated in the Code Preamble. Such principles, on the one hand, provide the internal unity of the Code itself. On the other hand, they systematize all branch acts uniting them by common meaning.

Abstract: The article is devoted to the methodological points of codification of the Russian legislation on social security. In accordance to the general theory of law, only normatevely-legal acts, i.e. the ones containing legal regulations are subject to the selection of legislation codification. However, in reality only a small number of acts consist of legal regulations. Moreoften normanevely-legal acts contain non-normative propositions as well, such as individual norms, appeals, addressings and preambles. Acts consisting both of legal regulations and non-normative propositions are considered to be subject to codification in particular. To be exact, only legal regulations will be selected for codification wheares non-normative propositions will be rejected. At the same time not all of the traditionally ranked with non-normative propositions are surely the ones, e.g. in the Russian juridical science the problem of the lawforce of the Preamble to the normative act is quite a moot point. There is no juridical securing of the preamble lawforce. Neither are there the requirements to what acts it should be and to its content. Law courts consider the Preamble role differently. There are cases when law courts in their desicions allege to the propositions of the Preamble but these cases are rare. The majority of scientists and practical workers regard that the preamble doesn’t have the normative character, can’t and mustn’t contain legal regulations, but only declarative propositions, addressings, etc. But there is another opinion. Some researchers are sure in the law Preamble being its part and because of that it can’t take part in legal regulation of those terms that are the law object. It is suggested that in the Preamble norms-principals or norms-definitions should be fixed. In the legislation on social security currently in force such examples take place. While selecting acts for the codification of the legislation on social security it’s necessary to mind the following. One mustn’t automatically exclude the Preamble from the text of the laws codified only for the reason of their not being officially acknowledged normative. It’s necessary to evaluate their content beforehand. The most fundamental Preambles must be transformed into the norms of the future code of social security. Besides, the future Code of social security itself must be provided with the detailed Preamble with politically-legal and social obligations of the Russian Federation in the sphere of social security fixed in it. The further development of the branch legislation must take place on the basis of those common principles that are formulated in the Code Preamble. Such principles, on the one hand, provide the internal unity of the Code itself. On the other hand, they systematize all branch acts uniting them by common meaning.

Аннотация: The article describes rights and duties of the noncommercial organizations during their interactions with the inforcement authorities and their officials. The noncommercial organizations consist of legal persons, intended for realization of socially significant activity in spheres of economy, social policy, culture. Extraction of profit is not the basic purpose of their activity. Depending on the maintenance of property competences the noncommercial organizations can be divided conditionally into three basic kinds – the special, public and ordinary noncommercial organizations. The organizations created in the organizational-legal form (kind) of fund concern to the special noncommercial organizations. Enterprise competences of such organizations are essentially limited, they are intended, first of all, for realization of authorized socially-priority activity in spheres of culture, art, protection of the social rights, political activity. Independent establishment is the noncommercial organization created by the Russian Federation, the subject of Federation or municipal formation for performance of works, rendering of services with a view of maintenance of the state and municipal powers in spheres of social policy and culture. Depending on the maintenance of public needs in the form of independent establishments the objects operating in spheres of public health services can be created. Also in the form of independent establishments can be created the objects operating in spheres theatrical, musical, of motion picture arts. The independent establishments created in sphere of town-planning activity, render public services on areas of architecturally-building designing, territorial planning and others, applicability of such establishments can also be industrial activity, including construction, major overhaul, a design of objects of capital construction. The noncommercial organizations in the form of independent establishments are created also in the field of scientific activity – in spheres natural and applied sciences. The legal regulation of activity of independent establishments is provided with the certificates of the various validity including unified and special instructions. The founder of independent establishment can be the Russian Federation, the subject of Federation or the municipal formation, presented by corresponding enforcement authority or municipal body. Economic procedures provide formation by independent establishment and other noncommercial organization of the target capital created due to donations, the money resources brought in kinds acting basicly not from public sources. Independent establishments can be addressees of budgetary funds, in this case, additional duties are assigned to them on their target use. The major attribute of the public status of independent establishment are the attitudes caused by carrying out of the state control (supervision). The noncommercial organizations are object of the general control during which execution of fiscal, information and other public duties is checked. Application of sanctions to public noncommercial establishments is always caused by its organizational-legal form, although federal laws establish various preconditions and procedures of application of such sanctions.

Abstract: The article describes rights and duties of the noncommercial organizations during their interactions with the inforcement authorities and their officials. The noncommercial organizations consist of legal persons, intended for realization of socially significant activity in spheres of economy, social policy, culture. Extraction of profit is not the basic purpose of their activity. Depending on the maintenance of property competences the noncommercial organizations can be divided conditionally into three basic kinds – the special, public and ordinary noncommercial organizations. The organizations created in the organizational-legal form (kind) of fund concern to the special noncommercial organizations. Enterprise competences of such organizations are essentially limited, they are intended, first of all, for realization of authorized socially-priority activity in spheres of culture, art, protection of the social rights, political activity. Independent establishment is the noncommercial organization created by the Russian Federation, the subject of Federation or municipal formation for performance of works, rendering of services with a view of maintenance of the state and municipal powers in spheres of social policy and culture. Depending on the maintenance of public needs in the form of independent establishments the objects operating in spheres of public health services can be created. Also in the form of independent establishments can be created the objects operating in spheres theatrical, musical, of motion picture arts. The independent establishments created in sphere of town-planning activity, render public services on areas of architecturally-building designing, territorial planning and others, applicability of such establishments can also be industrial activity, including construction, major overhaul, a design of objects of capital construction. The noncommercial organizations in the form of independent establishments are created also in the field of scientific activity – in spheres natural and applied sciences. The legal regulation of activity of independent establishments is provided with the certificates of the various validity including unified and special instructions. The founder of independent establishment can be the Russian Federation, the subject of Federation or the municipal formation, presented by corresponding enforcement authority or municipal body. Economic procedures provide formation by independent establishment and other noncommercial organization of the target capital created due to donations, the money resources brought in kinds acting basicly not from public sources. Independent establishments can be addressees of budgetary funds, in this case, additional duties are assigned to them on their target use. The major attribute of the public status of independent establishment are the attitudes caused by carrying out of the state control (supervision). The noncommercial organizations are object of the general control during which execution of fiscal, information and other public duties is checked. Application of sanctions to public noncommercial establishments is always caused by its organizational-legal form, although federal laws establish various preconditions and procedures of application of such sanctions.

Аннотация: The paper has studied a problem of efficiency of legal regulation of management in a system of bankruptcy. In the paper given problem has been considered from the point of view of complex approach to research of efficiency of legal regulation of social management, assumes detection of a set of criterions permitting to define parameters of efficiency (degree of efficiency of control action in a certain orbit of the public relations (in particular, in a system of bankruptcy). It is concern: efficiency of organization and operation of object of management, reaching of the purposes and problems of the controlled subsystem, orientation to obtaining of common social efficiency (satisfaction of needs and realization of interests of a society, social groups and the individuals stipulated by conventional principles and norms of international law and national constitutional principles), calculation general requirements to management (achievement of the best result, stability, efficiency, flexibility, continuity), ordering of an organizational structure of management(control), optimum distribution of functions among the subjects of management(control) and allotment with their appropriate legal means. The construction of model of management with allowance for of indicated factors sets vector to legal regulation, which, in turn, due to internal properties of the right should provide an optimum combination of methods and ways of legal regulation, stimulating, limiting and other legal means, to accelerate an operation of the norms of the right, to conform the requirements of legal technique. The efficiency of the working model of management in a system of bankruptcy is evaluated by the author, first of all, through the social and economic results reached by object of management, expressed in quantitative and qualitative indicators. The statistics of quantity of the extinguished requirements of creditors in actions of proceeding about bankruptcy (result of achievement of the basic purpose of bankruptcy), allows to speak about low efficiency of legal regulation of management in a system of bankruptcy. The author offers a complex of measures on perfection of a legal mechanism of management in system of bankruptcy on the basis of the analysis of action of the general principles of management, analysis of information communications and streams inside of a control system of bankruptcy, an optimality of organizational and functional structure of management.

Abstract: The paper has studied a problem of efficiency of legal regulation of management in a system of bankruptcy. In the paper given problem has been considered from the point of view of complex approach to research of efficiency of legal regulation of social management, assumes detection of a set of criterions permitting to define parameters of efficiency (degree of efficiency of control action in a certain orbit of the public relations (in particular, in a system of bankruptcy). It is concern: efficiency of organization and operation of object of management, reaching of the purposes and problems of the controlled subsystem, orientation to obtaining of common social efficiency (satisfaction of needs and realization of interests of a society, social groups and the individuals stipulated by conventional principles and norms of international law and national constitutional principles), calculation general requirements to management (achievement of the best result, stability, efficiency, flexibility, continuity), ordering of an organizational structure of management(control), optimum distribution of functions among the subjects of management(control) and allotment with their appropriate legal means. The construction of model of management with allowance for of indicated factors sets vector to legal regulation, which, in turn, due to internal properties of the right should provide an optimum combination of methods and ways of legal regulation, stimulating, limiting and other legal means, to accelerate an operation of the norms of the right, to conform the requirements of legal technique. The efficiency of the working model of management in a system of bankruptcy is evaluated by the author, first of all, through the social and economic results reached by object of management, expressed in quantitative and qualitative indicators. The statistics of quantity of the extinguished requirements of creditors in actions of proceeding about bankruptcy (result of achievement of the basic purpose of bankruptcy), allows to speak about low efficiency of legal regulation of management in a system of bankruptcy. The author offers a complex of measures on perfection of a legal mechanism of management in system of bankruptcy on the basis of the analysis of action of the general principles of management, analysis of information communications and streams inside of a control system of bankruptcy, an optimality of organizational and functional structure of management.

Аннотация: Innovation process is an idea brought and often used by economists, though it may also be of interest to individuals involved in legal practice, as only under closer look it is possible to find what kind of legal support does the innovation activity needs, and what kind of legal field does it use. Innovation process is identified with idea of innovation cycle and innovation phase. They differ mostly in number of stages distinguished by scientists working in this field. In general, innovation process may be presented as follows: fundamental studies – applied studies – scientific and research work – development work – industrial production – marketing – sale. This formula reflects the essence of innovation activity and direction of its implementation: from abstract solution to the real product, and then to the profit. The basis of innovation process is the process of development and absorption of new techniques (technologies). This process starts with fundamental studies directed at obtaining new scientific knowledge and discovering most significant consistent patterns. The second stage of development and absorption of new techniques (technologies) is applied studies, which are performed by scientific technology agencies and colleges. The final stage of the science is industrial production of new products that includes scientific and industrial process of assimilation: conducting tests of new (improved) product and technical and technological preparation of production. The stage of practical application of scientific achievement is followed by presentation of the innovation product to mass production. As a matter of fact, only after production stage that demonstrates real economic effect, the invention, useful model, production sample or any other achievement of a man is transformed to innovation (novelty). After production stage, when trial batch of product was manufactured, the innovation becomes ready for the massive marketing in the form of goods, works, services or technologies implemented in full project power. At the same time, the specifics of innovation activity allows to admit that innovation process is not completed with the first appearance of the new product on the market. It also continues after implementation, because innovation requires improvements and therefore, it may obtain new consumption qualities. This situation opens new usage areas for such object, new markets and new customers.

Abstract: Innovation process is an idea brought and often used by economists, though it may also be of interest to individuals involved in legal practice, as only under closer look it is possible to find what kind of legal support does the innovation activity needs, and what kind of legal field does it use. Innovation process is identified with idea of innovation cycle and innovation phase. They differ mostly in number of stages distinguished by scientists working in this field. In general, innovation process may be presented as follows: fundamental studies – applied studies – scientific and research work – development work – industrial production – marketing – sale. This formula reflects the essence of innovation activity and direction of its implementation: from abstract solution to the real product, and then to the profit. The basis of innovation process is the process of development and absorption of new techniques (technologies). This process starts with fundamental studies directed at obtaining new scientific knowledge and discovering most significant consistent patterns. The second stage of development and absorption of new techniques (technologies) is applied studies, which are performed by scientific technology agencies and colleges. The final stage of the science is industrial production of new products that includes scientific and industrial process of assimilation: conducting tests of new (improved) product and technical and technological preparation of production. The stage of practical application of scientific achievement is followed by presentation of the innovation product to mass production. As a matter of fact, only after production stage that demonstrates real economic effect, the invention, useful model, production sample or any other achievement of a man is transformed to innovation (novelty). After production stage, when trial batch of product was manufactured, the innovation becomes ready for the massive marketing in the form of goods, works, services or technologies implemented in full project power. At the same time, the specifics of innovation activity allows to admit that innovation process is not completed with the first appearance of the new product on the market. It also continues after implementation, because innovation requires improvements and therefore, it may obtain new consumption qualities. This situation opens new usage areas for such object, new markets and new customers.

Аннотация: In the present work the analysis and generalization of theoretical development Russian and of some foreign authors, judiciary practice on problems of corporate management is spent. Research of rules of law, and also the specified sources convincingly shows necessity of legislative fastening of principles of corporate management for Russia. This article consists of the several parts allowing consistently to designate all essential moments of a theme of research, namely, to specify definition of principles in civil law science; an opportunity of application of principles of civil law to considered attitudes; to prove necessity of special principles of corporate management and to reveal their concept, quantity and legislative fastening. In the beginning the general problems of concept of principles in the Russian legal system, principles of civil law and their role in corporate attitudes are considered. The conclusion about impossibility of recognition sufficient for regulation of corporate management of presence only principles of civil law is done. The last have the general character and should be supplemented with special principles which will allow to design in the further adequate normative regulation. Further, approaches available on today to definition of principles of corporate management and their quantity are generalized. Works of such authors as are investigated: A. Varlamova, A. Glushetsky, V.V. Dolynskaya, T. Kashanina, S.D. Mogylevsky, D.A. Pumpjansky, D.A. Stepanov, A. Juljanets and others. Advantages and lacks of allocation of those or other positions as principles of corporate management are specified. Further, in work author’s vision of concept and quantity of principles of corporate management, by research of the legal nature of management in corporations, intrinsic characteristics of the given phenomenon as institute of civil law is formulated. The author lifts and solves the problems put in work on an example of such corporations as joint-stock companies. Using various sources, the author comes not only to a conclusion about concept and structure of principles of corporate management which has fundamental, theoretical character, but also to a conclusion about necessity of fastening of those for norms of the federal law on joint-stock companies, having the big practical value. The given norm, in opinion of the author, will be the legal base, a basis of a regulation of management in such corporations as joint-stock companies, to form base for designing new norms. It will allow court and the arguing parties at the sanction of concrete disputes, to refer not only to special clauses of the law, but also on the given norm, that, undoubtedly, will strengthen opportunities of protection of the corporate rights of participants of considered attitudes. Thus, the present work is of interest not only in the scientific plan, but also from the point of view of perfection of the legislation and the analysis of judiciary practice on problems of corporate management.

Abstract: In the present work the analysis and generalization of theoretical development Russian and of some foreign authors, judiciary practice on problems of corporate management is spent. Research of rules of law, and also the specified sources convincingly shows necessity of legislative fastening of principles of corporate management for Russia. This article consists of the several parts allowing consistently to designate all essential moments of a theme of research, namely, to specify definition of principles in civil law science; an opportunity of application of principles of civil law to considered attitudes; to prove necessity of special principles of corporate management and to reveal their concept, quantity and legislative fastening. In the beginning the general problems of concept of principles in the Russian legal system, principles of civil law and their role in corporate attitudes are considered. The conclusion about impossibility of recognition sufficient for regulation of corporate management of presence only principles of civil law is done. The last have the general character and should be supplemented with special principles which will allow to design in the further adequate normative regulation. Further, approaches available on today to definition of principles of corporate management and their quantity are generalized. Works of such authors as are investigated: A. Varlamova, A. Glushetsky, V.V. Dolynskaya, T. Kashanina, S.D. Mogylevsky, D.A. Pumpjansky, D.A. Stepanov, A. Juljanets and others. Advantages and lacks of allocation of those or other positions as principles of corporate management are specified. Further, in work author’s vision of concept and quantity of principles of corporate management, by research of the legal nature of management in corporations, intrinsic characteristics of the given phenomenon as institute of civil law is formulated. The author lifts and solves the problems put in work on an example of such corporations as joint-stock companies. Using various sources, the author comes not only to a conclusion about concept and structure of principles of corporate management which has fundamental, theoretical character, but also to a conclusion about necessity of fastening of those for norms of the federal law on joint-stock companies, having the big practical value. The given norm, in opinion of the author, will be the legal base, a basis of a regulation of management in such corporations as joint-stock companies, to form base for designing new norms. It will allow court and the arguing parties at the sanction of concrete disputes, to refer not only to special clauses of the law, but also on the given norm, that, undoubtedly, will strengthen opportunities of protection of the corporate rights of participants of considered attitudes. Thus, the present work is of interest not only in the scientific plan, but also from the point of view of perfection of the legislation and the analysis of judiciary practice on problems of corporate management.

Аннотация: Psychological mechanism of building a testimony is traditionally divided in three stages (phases): perception, memorizing and reproduction. The nature and results of perception are connected with the perception object and peculiarities of the perceiving individual. Minors’ perception of outer reality is conditioned by the age characteristics. During age development their perception changes, it improves. In any situation children distinguish things that attract their attention by unusual form, bright color, glitter etc. They separate reflected objects from all constant irritants not by objective significance in the situation (as adults do in most cases), but only by external characteristics. Obtaining full information about an investigated case from a minor suggests his orientation in space-temporal relation environment. However, minor’s evaluation of such relations is not always accurate. Thus, children cannot precisely identify the relative location of people y to each other and surrounding objects; time perception of minors of preschool and elementary school age is imperfect. Depending on psychological development and obtaining of knowledge during study process, accuracy of time differentiation is developed. In different stages of the processof building a testimony, the interrogatee has certain psychological conditions that should be considered by the interrogator in order to discover related distortions and select the proper interrogation technique. Emotions effect perception process differently. Some of them (curiosity, doubts, feeling of new) may improve the quality, the other, especially in ultramontane affect stage, may deform it. Such negative emotions as fear, fright or agitation bring in mistakes. Perception of an observed event does not provide its correct reproduction. As a result of feelings and perceptions, brain cortex forms temporary nervous connections (associations). Memorizing process starts from here, and memory activity starts from here as well. Memorizing of the perceived material by an interrogatee depends on time factor. With time, there is increasing danger to lose or distort information. A person in ordinary and quiet circumstances has a tendency to memorize clearly lastingly when power and brightness of an event goes up, then in extreme situations a witness, or victim, or guilty party, especially a minor, is weakened by the strong shock which may even wipe out all remembered things from memory. In procedural sense, the main and final stage of building a testimony is reproduction stage. During this stage the interrogation goal is to receive from an interrogatee meaningful for the case, maximum full information, according to the way the interrogatee perceived the information and kept it in memory. Reproduction process during interrogation shows itself in the form of word expression of thoughts made by the interrogatee. The ability to express one’s thoughts correctly depends on age of a young person and his intellectual development level. It is most difficult to interrogate minors belonging to youngest groups. In the process of reproduction of material, teenagers not always arrange and group it, nor they pay attention to most important things; sometimes secondary but bright parts of an event take first place in the story. However, in this case the interpretation of events can be too extended or extremely limited. In conclusion, it should be noticed that knowledge and skillful usage by investigator of all consistent patterns and peculiarities of the process of building a testimony involving minors, produces positive result upon the performed interrogation and fullness of obtained information by the interrogator dealing with the case; and finally, for the success of the crime investigation, in general.

Abstract: Psychological mechanism of building a testimony is traditionally divided in three stages (phases): perception, memorizing and reproduction. The nature and results of perception are connected with the perception object and peculiarities of the perceiving individual. Minors’ perception of outer reality is conditioned by the age characteristics. During age development their perception changes, it improves. In any situation children distinguish things that attract their attention by unusual form, bright color, glitter etc. They separate reflected objects from all constant irritants not by objective significance in the situation (as adults do in most cases), but only by external characteristics. Obtaining full information about an investigated case from a minor suggests his orientation in space-temporal relation environment. However, minor’s evaluation of such relations is not always accurate. Thus, children cannot precisely identify the relative location of people y to each other and surrounding objects; time perception of minors of preschool and elementary school age is imperfect. Depending on psychological development and obtaining of knowledge during study process, accuracy of time differentiation is developed. In different stages of the processof building a testimony, the interrogatee has certain psychological conditions that should be considered by the interrogator in order to discover related distortions and select the proper interrogation technique. Emotions effect perception process differently. Some of them (curiosity, doubts, feeling of new) may improve the quality, the other, especially in ultramontane affect stage, may deform it. Such negative emotions as fear, fright or agitation bring in mistakes. Perception of an observed event does not provide its correct reproduction. As a result of feelings and perceptions, brain cortex forms temporary nervous connections (associations). Memorizing process starts from here, and memory activity starts from here as well. Memorizing of the perceived material by an interrogatee depends on time factor. With time, there is increasing danger to lose or distort information. A person in ordinary and quiet circumstances has a tendency to memorize clearly lastingly when power and brightness of an event goes up, then in extreme situations a witness, or victim, or guilty party, especially a minor, is weakened by the strong shock which may even wipe out all remembered things from memory. In procedural sense, the main and final stage of building a testimony is reproduction stage. During this stage the interrogation goal is to receive from an interrogatee meaningful for the case, maximum full information, according to the way the interrogatee perceived the information and kept it in memory. Reproduction process during interrogation shows itself in the form of word expression of thoughts made by the interrogatee. The ability to express one’s thoughts correctly depends on age of a young person and his intellectual development level. It is most difficult to interrogate minors belonging to youngest groups. In the process of reproduction of material, teenagers not always arrange and group it, nor they pay attention to most important things; sometimes secondary but bright parts of an event take first place in the story. However, in this case the interpretation of events can be too extended or extremely limited. In conclusion, it should be noticed that knowledge and skillful usage by investigator of all consistent patterns and peculiarities of the process of building a testimony involving minors, produces positive result upon the performed interrogation and fullness of obtained information by the interrogator dealing with the case; and finally, for the success of the crime investigation, in general.

Аннотация: Due to condition evaluation and development of criminological delinquency control theory and military criminological aspects of delinquency prevention, it became possible to evaluate their criminological strain. Delinquency prevention in the army as anticriminogenic activity of the military command needs to be examined, summarized, its organization needs improvement and better effectiveness, including help of scientific support. Criminological review of legal groundwork on delinquency prevention in Military Forces has been done for the first time. Study of criminological aspects of this activity is based on recognition of specific characteristics of criminogenic delinquency factors, its reasons and conditions, and individual characteristics of an offender in the Army. Legal groundwork of delinquency prevention carries a special nature as well, which determines the necessity of its studies to establish recommendations for its rational organization. The problem of study of delinquency prevention in Military Forces as a whole phenomenon has been brought out for the first time; until now the delinquency of service members was the only subject of scientific study. At the same time, the Military Forces have good conditions for organization and conduct of such work as they represent a relatively closed community that functions at one legal ground and has one material and technical foundation, one operating order and one goal. All of this helps to summarize condition and dynamics of delinquency and discover most typical factors that lead to crime commitment of service members and develop general preventive measures for the whole Military Forces. The subject of this study is collection of events, mechanisms and consistent patterns that form legal ground for delinquency prevention in the army. Delinquency prevention subjects shall be military command bodies consisting of proper commanders, officers and staff of military justice department including departments of legal service in the army, military courts, military prosecution office, military investigating authority and security authority in the army. General purpose of army delinquency prevention as socialcriminological field of the military administration and military justice on the basis of the acting law and practice requirements are protection of rights of servicemen, protection against lawless infringement of military legal order; implementation of law observation and military administration acts by all servicemen; juridical education and education of servicemen to keep the law and military administration acts strictly; development of conditions for prevention of all types of delinquency, correction and correctional education of servicemen who committed wrong acts or crimes.

Abstract: Due to condition evaluation and development of criminological delinquency control theory and military criminological aspects of delinquency prevention, it became possible to evaluate their criminological strain. Delinquency prevention in the army as anticriminogenic activity of the military command needs to be examined, summarized, its organization needs improvement and better effectiveness, including help of scientific support. Criminological review of legal groundwork on delinquency prevention in Military Forces has been done for the first time. Study of criminological aspects of this activity is based on recognition of specific characteristics of criminogenic delinquency factors, its reasons and conditions, and individual characteristics of an offender in the Army. Legal groundwork of delinquency prevention carries a special nature as well, which determines the necessity of its studies to establish recommendations for its rational organization. The problem of study of delinquency prevention in Military Forces as a whole phenomenon has been brought out for the first time; until now the delinquency of service members was the only subject of scientific study. At the same time, the Military Forces have good conditions for organization and conduct of such work as they represent a relatively closed community that functions at one legal ground and has one material and technical foundation, one operating order and one goal. All of this helps to summarize condition and dynamics of delinquency and discover most typical factors that lead to crime commitment of service members and develop general preventive measures for the whole Military Forces. The subject of this study is collection of events, mechanisms and consistent patterns that form legal ground for delinquency prevention in the army. Delinquency prevention subjects shall be military command bodies consisting of proper commanders, officers and staff of military justice department including departments of legal service in the army, military courts, military prosecution office, military investigating authority and security authority in the army. General purpose of army delinquency prevention as socialcriminological field of the military administration and military justice on the basis of the acting law and practice requirements are protection of rights of servicemen, protection against lawless infringement of military legal order; implementation of law observation and military administration acts by all servicemen; juridical education and education of servicemen to keep the law and military administration acts strictly; development of conditions for prevention of all types of delinquency, correction and correctional education of servicemen who committed wrong acts or crimes.

Аннотация: At creation of the general theory of judicial examination it was considered two factors, concerning private theories of sorts of judicial examinations. First of them? The account of presence of already generated theories of such sorts (classes) as criminalistics also it is judicial-medical. The second factor is creation of new private theories of sorts of judicial examinations, including theories is judicial-autotechnical expert appraisal. Private theories can be various on volume and an orientation of knowledge formulated in them. They can define ways of a concrete definition of positions of the general theory of judicial examination. Private theories are created at the certain stage of development of each sort of examination. Legitimacy and a methodological admissibility of creation of private theories of judicial examinations admits works under the general theory of judicial examination. Now there are all bases for creation of the theory of judicial autotechnical expert appraisal and its methodology from a position knows a science and the specific laws defining development of judicial examinations. The scientific and empirical material which has been saved up by manufacture of judicial autotechnical expert appraisals, allows to finish process of preparation of its theory at the present stage. The theory of a sort of judicial examination is not equal on the volume of all scientific area, относимой to a sort of examination though is a conceptual kernel of this scientific area. Into structure of the theory of judicial autotechnical expert appraisal enter: 1. Methodological bases of the theory; 2. A subject, object and problems; 3. Methods and techniques in structure of judicial-autotechnical expert activity; 4. Subjects of expert activity. Any science is wider, than volume of its basic theory. The hypothesis in exact conformity with positions of a science meets the requirements, reflecting its objective character, and allows it to turn to the theory. These requirements the following: intelligence, consistency, check, acknowledgement, opportunity of transfer of the information, adaptedness. One of stages of creation of the theory of judicial autotechnical expert appraisal is classification and specification of language of the theory. The closing stages of formation of the theory of judicial autotechnical expert appraisal should be the analysis and synthesis of everything which are a subject processing of a material, formation of results with use of methods of abstraction and formalization. Paying attention to ordering of a knowledge available in the field of judicial autotechnical expert appraisal, it is necessary to add the theory with a directing and supervising role during the subsequent scientific research. Methodological value of the scientific theory and law of judicial autotechnical expert appraisal are shown that the theory becomes simultaneously and a specific method of research.

Abstract: At creation of the general theory of judicial examination it was considered two factors, concerning private theories of sorts of judicial examinations. First of them? The account of presence of already generated theories of such sorts (classes) as criminalistics also it is judicial-medical. The second factor is creation of new private theories of sorts of judicial examinations, including theories is judicial-autotechnical expert appraisal. Private theories can be various on volume and an orientation of knowledge formulated in them. They can define ways of a concrete definition of positions of the general theory of judicial examination. Private theories are created at the certain stage of development of each sort of examination. Legitimacy and a methodological admissibility of creation of private theories of judicial examinations admits works under the general theory of judicial examination. Now there are all bases for creation of the theory of judicial autotechnical expert appraisal and its methodology from a position knows a science and the specific laws defining development of judicial examinations. The scientific and empirical material which has been saved up by manufacture of judicial autotechnical expert appraisals, allows to finish process of preparation of its theory at the present stage. The theory of a sort of judicial examination is not equal on the volume of all scientific area, относимой to a sort of examination though is a conceptual kernel of this scientific area. Into structure of the theory of judicial autotechnical expert appraisal enter: 1. Methodological bases of the theory; 2. A subject, object and problems; 3. Methods and techniques in structure of judicial-autotechnical expert activity; 4. Subjects of expert activity. Any science is wider, than volume of its basic theory. The hypothesis in exact conformity with positions of a science meets the requirements, reflecting its objective character, and allows it to turn to the theory. These requirements the following: intelligence, consistency, check, acknowledgement, opportunity of transfer of the information, adaptedness. One of stages of creation of the theory of judicial autotechnical expert appraisal is classification and specification of language of the theory. The closing stages of formation of the theory of judicial autotechnical expert appraisal should be the analysis and synthesis of everything which are a subject processing of a material, formation of results with use of methods of abstraction and formalization. Paying attention to ordering of a knowledge available in the field of judicial autotechnical expert appraisal, it is necessary to add the theory with a directing and supervising role during the subsequent scientific research. Methodological value of the scientific theory and law of judicial autotechnical expert appraisal are shown that the theory becomes simultaneously and a specific method of research.

Аннотация: Today we have fairly impressive and strong international anticorruption law. Some of documents accepted by UN and Council of Europe have mandatory nature for states – members of mentioned international organizations, other have recommendation status, however, all their experience in this field has unvalued meaning for Ukraine law and other modern states. Particularly, coordinated actions of states connected by numerous strings of economical, financial, political and cultural cooperation can produce positive results in the struggle with corruption, especially related to legalization (laundering) of unlawfully collected capital, in the fight against drug business, human trafficking, traffic in arms Some foreign countries (Germany, France, Italy) succeeded in fighting against corruption. Their experience in the process of development of Ukraine anticorruption law will have positive result. Today, most of the laws accepted by Verkhovna Rada of Ukraine, stay far from being perfect and they do not work. They need to be reviewed. Corruption threatens national security and Ukrainian social system, it influences formation and operation of government and political institutions, it undermines the citizens’ trust to authorities. Lately corruption activity has not decreased, and at the moment the fight against this negative phenomenon is one of urgent and central directions of state politics. During Ukraine independency period legislative and executive branches of power were not able to make serious effect at limitation of level, scale and extent of corruption. Anticorruption law consisting of more then 100 laws, decrees and Government decrees could not help to achieve the final goal – to cope with corruption, because it was directed to fight corruption among officials of middle and lower echelon and does not comply with international norms and standards to full extent. Main provisions of anticorruption law are set forth in Model Law About Fight Against Corruption accepted at thirteenth plenary meeting of Interparliamentary Assembly of states, – Commonwealth of Independent States participants. This law protects freedom and rights of citizens, it provides protection of a state from threats of corruption, affective operation of the state authorities, public officials and individuals equated to them by the way of prevention, exposure and discovering of corruption offences, elimination of its consequences and bringing in guilty party to account; it defines main principles in the fight against corruption and establishes types of offences related to corruption and conditions under which a party is considered guilty. Effective fight against corruption is only possible when an effective system exists that provides its prevention, development of preventive measures of fight efforts to this socially dangerous thing, discovering and overcoming its social preconditions and occurence.

Abstract: Today we have fairly impressive and strong international anticorruption law. Some of documents accepted by UN and Council of Europe have mandatory nature for states – members of mentioned international organizations, other have recommendation status, however, all their experience in this field has unvalued meaning for Ukraine law and other modern states. Particularly, coordinated actions of states connected by numerous strings of economical, financial, political and cultural cooperation can produce positive results in the struggle with corruption, especially related to legalization (laundering) of unlawfully collected capital, in the fight against drug business, human trafficking, traffic in arms Some foreign countries (Germany, France, Italy) succeeded in fighting against corruption. Their experience in the process of development of Ukraine anticorruption law will have positive result. Today, most of the laws accepted by Verkhovna Rada of Ukraine, stay far from being perfect and they do not work. They need to be reviewed. Corruption threatens national security and Ukrainian social system, it influences formation and operation of government and political institutions, it undermines the citizens’ trust to authorities. Lately corruption activity has not decreased, and at the moment the fight against this negative phenomenon is one of urgent and central directions of state politics. During Ukraine independency period legislative and executive branches of power were not able to make serious effect at limitation of level, scale and extent of corruption. Anticorruption law consisting of more then 100 laws, decrees and Government decrees could not help to achieve the final goal – to cope with corruption, because it was directed to fight corruption among officials of middle and lower echelon and does not comply with international norms and standards to full extent. Main provisions of anticorruption law are set forth in Model Law About Fight Against Corruption accepted at thirteenth plenary meeting of Interparliamentary Assembly of states, – Commonwealth of Independent States participants. This law protects freedom and rights of citizens, it provides protection of a state from threats of corruption, affective operation of the state authorities, public officials and individuals equated to them by the way of prevention, exposure and discovering of corruption offences, elimination of its consequences and bringing in guilty party to account; it defines main principles in the fight against corruption and establishes types of offences related to corruption and conditions under which a party is considered guilty. Effective fight against corruption is only possible when an effective system exists that provides its prevention, development of preventive measures of fight efforts to this socially dangerous thing, discovering and overcoming its social preconditions and occurence.