Richard Sorge is considered by many to be one of the most extraordinary scouts of all time. In the history of the special services of different countries there are examples of personal courage and professionalism of agents of the highest class who have changed the course of world history. But Richard Sorge, perhaps, still remains unsurpassed - it was he who actually prevented the seizure of Moscow by the Wehrmacht, and possibly the loss of the country in the Second World War. There is information that, in principle, Stalin was consciously ready to lose the capital of the USSR, he did not see any other way to raise the Soviet people to a holy war against the German occupiers. As a result of a four-month defeat after defeat, the lion part of the territories of the European part of the USSR was under occupation and the situation of the country, which had already crossed the red line, turned out to be simply catastrophic. A lot has been written about “spy creativity” by Richard Sorge, films have been released.
There are many myths associated with the activities of the Tokyo resident. Here are the main ones: “the independent manner of behavior, his independent lifestyle, excessive alcohol addiction and numerous love stories that put the Cheka leadership on guard, led his activity to a logical end. In 1941 he was arrested, and in November 1944 executed.” Moreover, if it is mentioned, it is stingy that long before the failure of the Ramsay group, Dr. Sorge had a friendly chat, “drinking tea” with Chiang Kai-shek himself, was generally recognized in the Tokyo German affair as a true activist of the Nazi party in the NSDAP Embassy of the Third Reich in Tokyo. And in April 1941 Adolf Hitler publicly announced Dr. Sorge the best journalist in Germany: 'Mein freund Richard.'
This and the rest of the more cleverly incomprehensible facts from the biography of the scout 'number one' of all times and peoples is separately described in the proposed article. During the bloody repressions of 1937-1938, the Tokyo resident was to be recalled to Moscow to try as a “double agent”, if not a triple one — this is Stalin’s newly-minted apologists trying to turn into a myth that all objective memoirists admit to be true.
Myth to cast a shadow on the fence? Sorge’s warning about the duration of the attack by Hitler’s Germany on the USSR was contemptuously rejected by Stalin as “from shit with cheap factories and public houses in Japan”. Today, among professionals there is a perception that the scout surrendered by and large their simple way. The International Court of Justice is an International entity that is part of the United Nations Organization, UN, is responsible for preserving international peace and security, resolving conflicts between States through litigation and consultative.
The Plurinational State of Bolivia, in 2013 filed a complaint with the Court against the Republic of Chile, seeking to resolve the conflict that has divided them for more than 100 years. The article allows us to determine the scenarios and perspectives that this demand faces, by analyzing the dynamics of the conflicts, the revision of the Peaceful Conflict Resolution Mechanisms (diplomatic and legal) established, in particular, in the Constitution Charter of the UN and the analysis of the functioning of the International Court of Justice. The growing demand for drugs and the volume of their illegal displacement, the desire of Latin American countries to get out of the influence of the American so-called 'anti-drug imperialism' - forcing to act according to American standards, to achieve an effective fight against drug trafficking, stimulates regional cooperation within the Union of South American States (UNASUR), The Andean Community of Nations (CAN) and the Central American Integration System (SICA), which adopted a coordinated position, coordinating the fight against drug trafficking. The second important trend was the gradual transition to a more liberal, European model of social and criminal law prevention of drug use. The third point noted in the article is the refusal of the countries of the region from the previously practiced mass force actions with the general orientation of inter-American organizations. Richness of nature of the Azerbaijan Republic and the negative ecological legacy of the USSR determine the active international cooperation with the purpose to protect biological diversity.
At the same time, genetic engineering represents the area in which the Azerbaijan Republic shares the position about non-recognition of the opportunity to establish the international legal regime. It follows from the fact of non-participation in the Nagoya-Kuala Lumpur Supplementary Protocol on Liability and Redress to the Cartagena Protocol on Biosafety and the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their. The paper is focused on several problems of regulation related to circulation of digital data in the era of developing disruptive Big Data technology. Reference is made to the uncertainty of legal regime of digital data as an object of civil rights, insufficient protection of personal data, need for elaboration of new approaches to antimonopoly regulation, as well as lack of quality guaranties (integrity, compatibility, portability) of digital data. It is argued that by solving these problems it is necessary to choose comprehensive approach of regulation. The article presents a detailed analysis of three main branches on which, according to the author, the whole system of Customary international law is based on:justice, fulfilment in good faith of obligations under international law and humanism. These moral principles, enshrined in international legal instruments, can help to solve conceptual and practical problems of identifying of international law rules, opinio juris in particular.
The readers are invited to review whether the states, expressing their intention to support opinio juris, act fairly, humanely and in good faith. If states, making some certain commitment, act according to specific moral compass it can be accepted as opinio juris. The article considers some questions of the doctrine of the famous Soviet scientist and specialist in the field of correctional labor law and also a senior member of staff at corrective labor institutions of the USSR in the 60-80-ies of the 20th century Nikolay Struchkov about execution and serving of criminal penalties. In particular, the article highlights the most relevant aspects of this doctrine from the modern point of view, revealed by the scientist on the basis of the analysis of the Foundations of the correctional labor legislation of the USSR and the Union republics of 1969 and the Correctional labor code of the RSFSR of 1970.
The article studies the normative legal acts adopted by the internal affairs bodies of the Crimean region in the years of the USSR, aimed at strengthening the personnel of the Soviet police. The article analyzes both the national administrative acts of the heads of the Ministry of Internal Affairs of the Crimean region, who performed the function of stimulating the police officers, and exclusively the Crimean initiative, an example of which is the order named after Maxim Laskin. The system of punishments applied to police officers of the Crimean region is investigated and analyzed.
The trends in the restoration of the positive experience of rewards of the days of the Soviet Union at the present time on the territory of the Republic of Crimea are described. The science of Soviet state law has prepared a voluminous theoretical framework for understanding the modern construction of the direct effect of the Russian Constitution.
The basic laws of Central Asian countries also embraced this idea. The author attempts to explain the phenomenon of «direct action», as well as the classification of constitutional norms depending on the degree of their development in the legal acts adopted in the amendment to the Constitution of the Russian Federation. It appears that this is relevant in the context of the problem of the fullest provision of human and civil rights and freedoms. Incentive legal policy of the state is one of the important methods of legal stimulating impact on the individual, a way of interaction of the citizen and public authorities. The article deals with the content of the conceptual apparatus of legal policy in the field of regulation of encouragement of citizens, focuses on the need to develop uniform approaches to understanding the content and legal filling of the concepts and terms used. The opinion about a necessity of the higher level of consolidation of award relations in the Russian Federation is expressed. Issues of the effectiveness of the structure of local government at the moment are directly related to the effectiveness of legal designs proposed by the norms of Federal Law No.
And the norms of this Federal Law are based on the needs of public authorities in addressing issues related to the effective (in the public understanding of this term) organization of municipal government. Moreover, this effectiveness is significant for the state authorities, as it seems, only and exclusively at the territorial level of local self-government, that is, at the level of city districts and municipal districts. As for the population of municipalities, despite direct instructions to the Constitution of.
The modern stage of development of civil society is characterized by the fact that the individual is a system of internalized social relations, it means that social relations exist in an individual form, transformed by the individual - in the form of needs, interests, value orientations, attitudes. The article deals with the phenomenon of legal attitudes of the individual in the context of their functioning and development in civil society. Legal attitudes of the person responsible for the regulation of behavior have a hierarchical structure due to the hierarchy of needs and situations. The article discusses the features of the testamentary capacity assessment in the case law and civil law countries.
In the jurisdictions of England and the United States, where case law operates, the assessment of a testamentary capacity is based on the precedent of Banks v. Gudfelow (1870), according to which until the testator knows that he wants to leave the assets in a certain proportion for the reasons he clearly, rationally and consistently formulates, he can be considered capable. Similar standards apply in Western civil law countries. In domestic legal practice, it is necessary to make fuller use of the long-term experience of Western countries, which assumes that even persons with severe mental disorders can make deals to manage if they are able to assess the amount of their own property and logically explain its distribution according to the will. Currently, employers often conduct tests of employees or applicants for the position in the form of a polygraph test. Carrying out such a test to check candidates and employees in order to obtain answers to questions relating to employee’s loyalty to the employer, as well as business and professional qualities of the employee, on the one hand, is not regulated by labor legislation, and on the other – is not expressly prohibited.
However, it is necessary to competently draw up a local regulatory framework to the employer planning to use this test method, as well as to obtain the consent of applicants for employment for verification. The paper focuses on the history of the proprietary concept of the rights to the results of intellectual activity, which is the topical issue in the light of discussions on the possibility of application of certain property law mechanisms to resolve disputes regarding the results of intellectual activity. The author analyzes the reasons for rejecting proprietary concept and comes to the conclusion that condition for the application of property law mechanisms to the results of intellectual activity is the absence of the influence on such mechanisms of differences between right of ownership and exclusive right. Example of the Russian Orthodox Church) and the comparison of these norms with the relevant provisions of the ROC internal documents. The revealed contradictions of a number of normative legal acts among themselves, as well as with the ROC internal documents greatly complicates the foreign Orthodox institutions’ legal status.
The author puts forward a proposal on the revision of the existing legal approach to the definition of the religious organizations’ legal status in particular and the model of state-confessional relations in general, taking into account international experience in solving such issues. Postanovlenie Pravitel'stva Rossijskoj Federacii ot 19 janvarja 1998 g. Ot # 621) «Ob utverzhdenii Pravil prodazhi otdel'nyh vidov tovarov, perechnja tovarov dlitel'nogo pol'zovanija, na kotorye ne rasprostranjaetsja trebovanie pokupatelja o bezvozmezdnom predostavlenii emu na period remonta ili zameny analogichnogo tovara, i perechnja neprodovol'stvennyh tovarov nadlezhashhego kachestva, ne podlezhashhih vozvratu ili obmenu» // SZ RF. In the legal regulation of the competence of the master of the ship to act as a representative of the owner of the ship and/ or the owner of the cargo, a tradition has developed. Like the MSC of the USSR (Article 50), MSC RF (Article 71) entitles the master of the ship to act as a representative of the shipowner and/ or owner of the cargo in two cases.
Firstly, with respect to transactions arising from the needs of the ship, cargo or navigation. Secondly, on claims filed against the property entrusted to the master of the ship, when representatives of the owners of the ship and cargo are absent on the spot. Thus, the change in the socio-economic system, the transition to market relations, practically did not affect this sphere of competence of the captain of a sea-going vessel. At the same time, the desire of shipowners to reduce costs, as well as the development of information and communication technologies, form the trend of transferring some of the functions of high-cost marine agents to masters of the ship.
This article analyzes the activity of pawnshops as entrepreneurs. One of the institutions of civil law relating to the activities of the pawnshop as a subject of civil law is the institution of bankruptcy. The author believes that the pawnshop as a subject of civil relations is closer in nature to a credit institution, although existing legislation suggests a clear conclusion that the pawnshop is neither a bank nor a credit institution.
The introduction of the concept of 'quasi credit organization' would resolve a number of issues arising from the contractual relationship, which are the subject of pawn shops. However, in this case, immediately raises the question of the procedure and the reasons for the use of bankruptcy procedures against the pawnshops. In relation to pawnshops must apply a bankruptcy procedure as a normal business entity or bankruptcy proceedings of the pawnshop as a credit (or rather quasi credit) organization. Conclusion- it is necessary to use to the pawnshop the bankruptcy procedures provided for the entrepreneurs. The article is devoted to one of problems in activity of art museums - to illegal use in commercial objectives of images of museum subjects and museum collections without the permission of managements of museums.
In the article results of complex research of a condition of legal regulation of use of images of museum subjects are brought. On the basis of the analysis of judiciary practice concerning infringement of the legislation regulating activity of museums, it was possible to reveal a number of the reasons promoting illegal use of museum subjects in commercial objectives without the permission of the management of the museums. The regulatory legal base is analyzed in terms of the relations arising in the process of financial support of management companies and residents of special economic zones.
Data on the amount of budgetary allocations directed to the development of special economic zones are given in accordance with the law on the federal budget. The author also substantiates the necessity of normative consolidation of the concept of 'financial and legal regime of special economic zones', formulates its definition, and calls a number of problems concerning this legal regime. The Federal Tax Service in an examination leans on risk indicators which are appropriated to taxpayers. In relation to highly risk organizations the most active methods of work are applied, and non-standard actions at times are used. However, because of imperfection of system of risks, conscientious taxpayers also get under unreasonably strict control of tax authorities. Authors of article investigate collateral influence of methods of work of tax authorities in new conditions on business. Authors draw the corresponding conclusion and suggest to make additions to Art.
54.1 and Art. 80 of the Tax Code of the Russian Federation and also at the legislative level to fix the. Correspond to their real orientation.
The authors note that the object of the crime is determined by the content of the legal relationship, on which a particular crime encroaches. Illegal logging, first of all, encroaches on the right of the state to dispose of natural resources and has the aim of appropriating forest resources to the perpetrators.
In the end, all such crimes in one way or another encroach on the various economic interests of the Russian state. Therefore, the economic basis of the Russian Federation, its forest wealth and the right to dispose of this wealth in the interests of the population is the main object of the encroachment in the illegal logging of forest plantations. The social relations associated with the protection of the environment, the interests of the environment is an additional object of the specified crimes. The article considers statistic aspects of female crime in Russia at the modern stage of its development. The author takes intoaccount statistic date and modern scientific literature, shows peculiarities of such social and law phenomenon as female crime. The study was based on statistical data on female crime in the last three years.
Such social and demographic determinants of female criminality as educational level, age, data on employment of female criminals and general tendencies of change of corresponding indicators are analyzed. On the basis of the conducted analysis the author offers basic directions and specific measures for the prevention of female crime. The article deals with the problems relating to the concept, nature and types of criminal liability in the modern domestic criminal law and the theory of criminal law; analyzes the criminal-legal meaning of the terms; examines the issue of the independence of such phenomenon as 'criminal liability' in the theory of criminal law and criminal legislation of Russia; highlights the various aspects of similarities and differences of such criminal-legal categories as 'criminal liability' and 'punishment'; offers some measures of their differentiation.
Information about the state of human health is personal. Disclosure of the above information can cause moral harm to a person. Essential value for the investigator when working with the received documents is the preservation of medical secrecy. Compliance with medical secrecy is necessary from all participants in the preliminary investigation and refers to the basic ethical principles used to resolve and comprehend the most acute moral problems. Human rights can be restricted in order to protect the foundations of the constitutional order, health, morality, rights and legitimate interests of other persons, and ensure the security of the state. Recommendations are offered that allow the investigator to take the most effective measures to ensure medical secrecy. This article is devoted to questions of scientific organization of labor (hereinafter NOTES) investigators.
A group of authors in the study analyzed the organization of the working conditions of workers investigative units of internal affairs agencies of the Volgograd region, made interviews with 86 investigators from various Russian regions, studied the scientific literature addressing the issues, on the basis of what specific recommendations were formulated, compliance with which, according to the authors may significantly facilitate the investigator's work, achieve a better result in the investigation of crimes with less labor and time costs. The problem of rational use. Of working time has been studied and some guidelines that allow the investigators more efficient use of their time were offered.
Issues related to the planning of the activities of investigators, technical support - technical means of audio-visual fixation of the course and results of investigative actions, the use of computer technology in order to reduce labor costs in the performance of many of the technical plan of operations related to the activities of the investigator were studied. In addition, the authors examined the factors influencing the creation of the most favorable working conditions for the investigator, and provided recommendations for their creation. Based on the analysis of statistical reporting data (for 2002-2016) of the Ministry of Internal Affairs of the Russian Federation (form 491) on registered, disclosed and undisclosed crimes (articles 136, 137, 138, 140, 141, 141.1, 144, 146, 147 of the RF Criminal Code), the Judicial Department under the Supreme Court of the Russian Federation on the number of convicted for these offenses of the crimes of the Criminal Code of the Russian Federation (Form No.
10-a), as well as 560 verdicts of courts that entered into legal force, the state of crimes against constitutional human rights and freedoms and citizen, committed with the use of information. It is revealed that all types of latency are characteristic for the type of crime under investigation: natural, artificial, borderline latency (between natural and artificial), and also concealment of crimes from accounting. Svedenija o licah, osuzhdennyh za prestuplenija, svjazannye s nezakonnym oborotom narkoticheskih sredstv, psihotropnyh veshhestv i ih prekursorov ili analogov, sil'nodejstvujushhih veshhestv, rastenij (libo ih chastej), soderzhashhih narkoticheskie sredstva ili psihotropnye veshhestva libo ih prekursory, novyh potencial'no opasnyh psihoaktivnyh veshhestv // Dannye sudebnoj statistiki Sudebnogo departamenta pri Verhovnom sude Rossijskoj Federacii. Jelektronnyj resurs. – Rezhim dostupa: (data obrashhenija: ). Based on the analysis of the provisions of the regional legislation on the prevention of terrorism, the article carried out his examination on the basis of the provisions of the criminological doctrine. Based on the results of the study, terminological and substantive inconsistencies were defined in the use of the category 'external factors of terrorism' and proposed ways to optimize the provisions of the legislation of Krasnodar Krai on the prevention of terrorism.
The article also expressed additional arguments in favor of adopting the Concept of the Prevention of Terrorism in the Territory. Work bibliographic list 1. O merah po protivodejstviju terrorizmu na territorii Krasnodarskogo kraja: Postanovlenie Glavy administracii Krasnodarskogo kraja ot 30 oktjabrja 2006 g. # 945 (v red. Postanovlenij Glavy administracii Krasnodarskogo kraja ot # 114, ot # 801, Postanovlenij Glavy administracii (gubernatora) Krasnodarskogo kraja ot # 730, ot # 751). Jelektronnyj resurs.
– Rezhim dostupa: (data obrashhenija: g.). In article the rules of law regulating an order of storage of physical evidences during pre-judicial production and practice of their application are analyzed. Problems of storage of the objects of a material world withdrawn during verification of the message about crime which can be recognized as physical evidences are covered.
Questions of ensuring safety of separate types of physical evidences are considered. Need of change of the regulatory base regulating storage and destruction of physical evidences and also expediency of adoption of the uniform document regulating an order of withdrawal, account, storage and transfer of physical evidences on materials of verification of messages about crimes and criminal cases is proved. Separate suggestions for improvement of the criminal procedure legislation are stated. When disclosing and investigating crimes related to trafficking in pornographic products, one of the mandatory and priority procedural actions is the appointment of a forensic examination. It is impossible to decide whether to initiate a criminal case without expert confirmation of the establishment of signs of pornography. The article in question is devoted to the established practice of using specialized knowledge in the investigation of crimes related to the illicit trafficking in pornography.
The article deals with the issues arising in the appointment of forensic examinations in criminal cases of the category in question. In addition, to generalize the practice in this article, examples are given of the use of the results of judicial research and expertise, both at the stage of procedural verification and during the preliminary investigation into the facts of the distribution of pornographic materials. The author of the article outlines the main problems encountered by investigators in the appointment of forensic expertise in the investigation of criminal cases involving crimes related to illicit trafficking in pornography. Certain issues of prosecutorial supervision over the procedural activities of the preliminary investigation bodies in the reception, registration and resolution of reports of crimesThe article examines individual issues of prosecutorial oversight of the procedural activities of the bodies of preliminary investigation during the reception, registration and resolution of reports of crimes.
Particular attention is paid to the study of problematic issues that arise during the registration and timing of verification of reports on crimes. Such units include special purpose units, special purpose units, special quick response units, mobile special purpose units, special purpose units, special purpose centers, special firing groups. As a rule, the positions of “fighters” of special units are taken, and must be taken on an obligatory basis, by the employees with excellent physical training, sports classes in combat and applied sports, the availability of special knowledge, as well as combat experience. These are servicemen serving in private, sergeant and officer positions in reconnaissance units, marines, airborne troops, special forces of the Ministry of Defense of Russia and the Federal Service of National Guard forces of Russia. As a result of the study, the author comes to the conclusion that in the internal affairs bodies, to date serve many functionaries lacking necessary theoretical and practical preparation for acting in a “man-man” system. According to the author, the training program for the provision of educational activities in educational organizations of the MIA of Russia and the programs developed in the subdivisions for carrying out occupations in professional and physical training need to be optimized.
The author proposes to focus and orient the content of programs on the formation and development of communication skills, so important in the professional work of each police officer. The article considers the mechanism of corruption crimes committed by the traffic police and the Department for combating economic crimes, the causal complex of corruption crime, as well as organizational issues of combating corruption in the selection and recruitment of candidates for service in the internal affairs bodies.
The authors present and analyze statistical data on the violations of discipline, rule of law and the prosecution of employees for corruption offences. Specific recommendations on the study of candidates for service in the internal affairs bodies are given. The author analyzes the Russian constitutional and legal norms of social environmental relations and draws attention to the existing constitutional norms of the latest constitutions of the world.
Lists the main steps that the constitutionalists propose to preserve the biosphere and life on Earth, economic development and prosperity of our country in the future. Addresses the scientific community in the implementation of the Noosphere Spiritual-Ecological Constitution of the World. The development of the Noo Constitution, in particular, will allow Humanity to implement all scientifically based legal acts and their rational application. Humanity in the Doo-Constitution is considered as an integral organism, clarifications of many ethical, psychological and legal categories are made: life, activity, energy and information well-being, death, conscience, honor, reputation, dignity, justice.
The transition from human rights to human rights is proposed. In this work the research of Latin borrowings in the modern English language of law was undertaken.
The article traces the historical way of these borrowings and their adaptation in English. In addition, the author of the article analyzes the phenomenon of quasi-synonymy, as well as a comparative analysis of the development of Latin borrowings in the English legal sphere relative to other European languages, it is associated with the different from Roman law English system of common and case law. The legal regulation of relations, the subject of which are educational institutions, has a certain specificity, primarily due to the fact that educational institutions are entrusted with the state function of the state. In this regard, the legal norms contain elements of public legal regulation (within certain limits, the rules are mandatory). For the education sector, this is an objective necessity, since public interests are affected here. Thanks to public legal regulation, it is possible to ensure that educational organizations fulfill their social duties and social security of students.
The authors investigate the functions of family and education as institutions of professional socialization of youth. On the materials of empirical studies conducted in the Republic of Bashkortostan, the authors show the determining role of the family in the choice of university and profession by the school graduates. At the same time, family dysfunctions also have an impact on the moral and professional self-determination of the individual. The necessity of organization and public management of collaboration of family and educational institutions is substantiated. In the article the basic principles of personnel management of the enterprise in the conditions of anti-crisis management are considered. The problems of effective use of human resources at the time of instability of the external economic and political environment are singled out.
Features of anti-crisis management of the enterprise are given. The key problems of personnel management that the company's management faces at the time of the crisis are listed.
The role of personnel policy as a mechanism for personnel management in the context of a crisis is analyzed. The internal and external factors influencing the organizational behavior of the personnel are singled.
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