Revista Gênero & Direito

Número de revista

Documentos mais recentes

• Presidential powers in the system of state supervision in the management sphere of the russian federation
• Violations of the law during the preliminary investigation in the russian criminal procedure

  This study identifies the violations committed by authorized officials in the exercise of their powers, as well as their causes and consequences for criminal process. The law enforcement practice of the preliminary investigation and its legal basis was carried out. Violation of the law during the preliminary investigation reduces its efficiency and diminishes the authority of state power in specific public relations. The study describes typical law violations in the investigator's actions in criminal procedure and concludes the priority of ensuring personal legal status in criminal procedure. The determinants of violations in the course of criminal procedure are determined on the basis of the analyzed criminal cases. It is concluded that the demands on the investigator's actions should be raised with the simultaneous increase of their personal responsibility for compliance with the relevant procedural framework of criminal process.

• Analysis of the results of cadastral evaluation of buildings, premises, construction in transport technology

  This article is devoted to the study of the results of the cadastral valuation of buildings, premises, construction in progress and parking lots, which was carried out in 2018 in the Krasnodar Territory [7]. The shortcomings of the structure of the presentation of the approved results of the cadastral assessment were identified and analyzed, a new form of entering and sorting data was proposed to simplify the work with them.

• Criminalistic features and exemplary parameters of defense speech

  Criminalistic features and ex-emplary parameters of defense speech are investigated in the article. In this re-search, in addition to large-scale scien-tific research in modern times it also speaks of the criminalization aspects of defense activities in parallel with the criminal-procedural aspects of defense activity which has been highlighted in separate scientific articles, as well as strategy, tactics and methodology of de-fense activity are explained and the vari-ous classifications (for example, colliga-tion, coalition, group defense, etc.) of de-fense activity in the context of criminal-istics situology (analysis of separate in-vestigative conditions) are dealt on.We think it is expedient to provide as much information as possible in the context of this article.The works of prominent scholars who have studied the court of speech culture of different countries have been studied within the scope of this research.It is advisable to apply the experience of foreign countries to sys-tematize issues related to tactics of de-fense speeches, and to create exemplary models. Among the countries that have developed the highest level of court cul-ture, the United States should first of all be mentioned. The contemporary US le-gal system has genesis of the Anglo-Saxon law system, the role of the case law in court cases, the existence of an in-stitution of judges, and other conditions contributed to the fact that judicial trials in this country's judiciary and particu-larly criminal prosecution have become an extremely important issue.During the speech defense mechanisms are the methods of behavior that the judge finds by following the behavior of the prisoner before him. Certain definitions have been created after such defense mecha-nisms have been investigated. Examples of the use of these mechanisms are based on information obtained from those indi-viduals. Individual uses a variety of de-fense mechanisms, mainly one or two defense mechanisms. The most common types of them are investigated in the arti-cle.Since the defense mechanisms are habit-forming, it's not easy to get new forms of behavior. For this reason, many individuals need high-level support to build more effective behaviors. At this stage, it is useful to use the science-be-havioral techniques. The usefulness of these methods can enhance the sense of success of the accused, and such issues are reflected in the article.

• Problems of criminal religious extremism in modern society realities and russian legal science advancement

  The objective of this research is analysis of extremism problems. The paper presents theoretical bases analysis of optimizing the system of penal-legal and criminological measures against extremism and development of specific proposals and recommendations on improving legislation and preventive measures against this criminal phenomenon. The questions of phenomenology and tendencies of criminal religious extremism were considered in the study. System-structural analysis of its criminological properties and penal characteristic peculiarities of separate institutionalized and extra-institutionalized forms of religious extremism was conducted. In the study, technical and historical- juridical methods were applied. The study and generalization of theoretical materials of the study field were undertaken. Scientific novelty of the study is expressed, in particular, through such its provisions as definition of the authors’ concept "religious extremism", "criminal religious extremism". The authors analyzed foreign legal models peculiarities of counteraction against religious extremism and its separate kinds. The authors’ understanding of the criminological characteristic of social consciousness and religious extremism development tendencies in Russia is given. Specific personal character traits of an extremist and a factorial complex of criminal religious extremism were described, and limitations of modern Russian legislation, regulating different aspects of struggle against religious extremism, were revealed. Besides, propositions on improving current legislation, regulating liability for crimes, being a subject of this study, were formulated and substantiated, directions of improving penal and special criminological measures against religious extremism were determined; a set of specific revisions and amendments in the Russian Federation legislation was proposed.

• Legal regulation of state - society partnership

  The importance of the present paper lies in ensuring guarantees of domestic stability and stepwise development of the country, a crucial role in which belongs to the ability of law to effectively respond to external and internal challenges through stimulating evolvement of positive processes in social and political and social and economic life and protecting society from the impact of negative factors. State and society partnership is a newly appeared phenomenon in the system of social relations, which began to exponentially develop under the influence of technological (digital) revolution; it is related to gradually blurring the boundaries between public and private spheres, and establishing the whole new relations of partnership between state and society. Hence, this paper is aimed at identifying and revealing the legal nature of partnership (subject-subject) relationship between state and society in the present-day conditions, and developing theoretical and methodological approaches and practical opportunities for setting up an effective constitutional and legal regime in the mentioned sphere of social relations. A broad and restricted understanding of the state-society partnership category has been suggested.Theoretical analysis and empirical method are the key approaches to study the problem in question. They allow to consider in an integrated manner the degree, to which the problem is examined by the leading scientists, and some practical aspects of the stated problem. The paper presents the results of studying institutionalism of partnership relationship between state and society, contemporary conceptual approaches and legal analysis of state-society partnership, problems of its categorical framework, international experience of legal regulation of state-society partnership. The main problems have been identified, and the author’s classifications and viewpoints have been suggested in the course of studying. The paper materials are of practical value for governmental authorities, civil society institutions, scientists-legal experts, whose academic interests involve studying the problems of legal regulation of interaction between state and society.

• Modern system of taxation of real estate objects

  Taxation has long been an integral part of the functioning of the state, and if earlier the so-called “taxes” were used exclusively for the ruling elite and the bureaucratic apparatus, today taxes, forming the state budget revenue item, are subsequently redistributed to support programs various spheres of society, be it medicine, education, science, etc. The article is devoted to the study of the modern system of taxation of real estate, in particular, the specific features of real estate as objects of taxation, the main types of property taxes, regulatory legal acts in the field of taxation, as well as the advantages and disadvantages of the tax structure of the Russian Federation.

• Kangars in ancient sources and their traces in Nakhchivan

  The place and role of kangars in the history is systemize investigated according to the ancient sources in the article. Kangars were the aborigen inhabitants in the territory of Nakhchivan Autonomous Republic from the middle of the III millennium B.C.. But in many investigations kangars were showed in the IX century B.C. and the III century of our era in these territories. Kangar turks whom the Azerbaijanian and Turkish scientists were investigated without refering to ancient chronicles are protoazerbaijanians. In this investigation by the scientific facts it is proved that the tribes of Kanq, Kanqyuy, Kanqur whose traces lived in the toponimic system of ancient Nakhchivan and general turkish area are kangars. The investigation of the sources connected with kangars were taken main actual problem. For this the author has recourse to "Oghuznama", Chine sources, "Avesta" and Sumerian written monuments. Result it is affirmed by scientific facts that the compenent which formed the "kanq" rooty place names in Nakhchivan toponimic system is a prototurk – Azerbaijan tribe name. The new investigation of “Oghuznama” by us proves that kangars are not a oghuz tribe, but also is a Azerbaijan tribe. With the historical facts it is affirmed that they were on the history stage in the IV millennium B.C. and in the III millennium B.C. they were spread out in Nakhchivan territories.

• The importance of feedback in taxation liability relationships

  The pertinence of the theme is due to the disputable nature of taxation liability problems in legal science. Despite more than fifty years of research, there is still no common opinion as to its definition, functions, principles, classification criteria and relationship with related legal categories. The lack of legal research of the feedback of the violating entity to the authirised body is worth noting as well. Solving these problems would reveal the nature of tax liability to finally improve performance of this public obligation, law and order. The article explores direct and backward communications in taxation. The key approach or method used here is to reveal the impact of both – the tax liability itself and the institute of liability – on business entities’ and private individuals’ economic activity. The article claims, that bringing to account and entering into a relationship where the violator has to explain and substantiate his actions provides a feedback for the public entity. The purpose of tax liability is defined as that of an instrument of bringing the legal relationship back to the regulated state. The article is of practical use for legislators, judicial and administrative bodies, as well as in scientific research of legal responsibility problems in all branches of law. Conclusions and suggestions of the article amend and develop the provisions of responsibility legislation being of methodic importance for further research in this area both theoretically and practically.

• Government and business partnership: search for a strategic prospect

  The research is important due to insufficient elaboration of theoretical aspects in the field of cooperation of the governmental agencies of various layers and the business organizations assuring the balanced economic, social and environmental development of the society. In view of this, this article is aimed at setting forth and substantiating a scientific idea about mutually-advantageous partnership of the interested groups with account taken of qualitatively new regularities of the phenomenon researched. The article is aimed at substantiating the necessity of a mechanism of the government and business cooperation on the basis of a strategic partnership assuring the development and strengthening of the long-term relations with the interested parties, the focus on the corporate social responsibility and on the society problems. The leading approach to researching this problem is a systemic approach oriented toward formation and maintenance of the long-term relations of the government agencies and the business organizations. The offered transformations outcome is a modern mechanism of social relations between the government and the business, which is designed to efficiently solve issues of the national (including regional) social and economic growth. The article materials are of practical value to develop the regional management strategy that is oriented toward the long-term sustainable development with account taken of the global tendencies assuring the balanced economic, social and environmental development of the society.

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