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State and legal peculiarities of the subjects of the Russian Federation in modern socio-economic conditions
tion which was made by it or in which commission, and also to intimidate or force it or the third party, or for any reason based on discrimination of any character”. In the note to the considered article makes a reservation that “the physical and mental sufferings caused as a result of lawful actions of officials don’t admit torture”
Prohibition of tortures and brutal or a degrading treatment or punishment is the general international standard which in different formulations contains in various international documents, in particular, in St. 3 European Conventions on Human rights; in the European Convention on the prevention of tortures and brutal or a degrading treatment or punishment [2].
In the Convention on the Rights of the Child (New York, on November 20, 1989) it is established that “The State Parties provide, that: a) any child wasn’t subjected to tortures or another cruel, to inhuman or degrading treatments or punishments” [2].
Infringement of life and physical integrity, any types of murder, mutilation, ill treatment, tortures and tortures, infringement of human dignity, in particular, an offensive and degrading treatment is prevented by a number of the Geneva conventions stating the humanitarian principles which are the cornerstone of respect of the human person in case of armed conflict [2].
Especially it is necessary to emphasize, as the tough regulations regulating an admissibility of the proof which violation deprives the got data of validity so the data obtained with application of violence and illegal actions proofs aren’t are provided in the Constitution which is the act of direct action and in the code of criminal procedure.
In particular, for compulsion of the suspect accused, the victim, the witness to evidence or other illegal actions from the investigator, the investigator with application of violence, mockery or torture imprisonment for a period of three till eight years is provided. Thus, our state, as well as the world community, realizes importance and need of acceptance of effective measures on ensuring protection of the rights of citizens, their honor and advantage. Similar practice locates also exceptional situations when because of the raised professional
overloac, a formal assessment of results of activity only an effective way of detection of participation of the person in a crime is its confession.
Meanwhile the officials who are carrying out criminal prosecution exceed the authority, without observing thus elementary procedural legal status the suspects and accused which under the law have the right for refusal of evidence. Situation it is impossible otknest in no way to exclusive as the citizen is in power of the official and it isn’t capable to commission of illegal actions at present. The criminal procedure law provides a set of other legal way of obtaining information on circumstances of a crime, the made his faces, possible material and other proofs. Unfortunately, use of the way of proof depends on degree of a professional preparation of the employee of the body conducting a criminal persecution, its intellectual superiority over “opponent”, ability to simulate criminal behavior to create favorable psychological conditions for mutual relation.
At research of inviolability of dignity of the personality it is important to remember that abuses physical and psychological privokdit way of violence over the personality at implementation of powers by bodies of inquiry and preliminary investigation to aggravation of confrontation between the power and citizens, in critical situations — to open counteraction.
The considered problem is aggravated also because in law-enforcement activity at a stage of advance investigation the latent level of use of force to the suspects accused which is quite often accompanied with abuses of a psychological and physical character is high. The violence is, as a rule, applied to socially unbortunate and legally unprotected group of the citizens involved in the criminal procedure relations. Thus the naksily justifies the purposes established by the law -fast and full disclosure of a crime, exposure the pailty people, protection of the rights and legitimate interests of the victims. Perhaps, it is necessary to agree with a position of those legislators who create the additional lever for balance of the called contradictory interests which creates special guarantees for avoidance of violence in criminal trial.
References:
1. Code of criminal procedure of RK (general part). Comment. - Almaty: Zheti zhargy, 2002. - 448 p.
2. Collection of documents. - M.: Publishing house Norma (prod. group Norm - Infra. L), 2000. - 784 p.
Sautieva Tamara Batrbekovna, Branch of the FSBEIHPE «Plekhanov Russian University of Economics» in Pyatigorsk, Stavropol region, Professor at the Department of Theory and history of state and law
E-mail: STB-ALANIA@mail.ru
State and legal peculiarities of the subjects of the Russian Federation in modern socio-economic conditions
Abstract: In the present research, it is attempted to analyze state and legal nature of a subject of the Russian Federation and study the problems of improvement of federal relations from the point of modern socio-political conditions.
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Section 15. Science of law
Keywords: subject of the Russian Federation; legal state; legal system; legislative bodies of the subjects of the Russian Federation; federal executive bodies; executive bodies of the subjects of the Russian Federation.
Just like in all federative states, the issue of organization of state authority not only at the level of the Federation, but also at the level of its subjects is very current in the Russian Federation. State bodies of the subjects of the Russian Federation play an important role in the democratic development and formation of a legal state. The influence of the authorities of the subjects of the Russian Federation is not limited with the level of these very subjects. They also have a serious impact on the organization of state authority at federal level.
In the development of the federal legislation, the status of state bodies of the subjects of the Federation is confirmed in constitutions and charters of respective regions. These acts regulate basic provisions on organization of state bodies of the subjects of the Russian Federation.
Currently, there are different kinds of interrelations of legislative and executive authorities in the subjects ofthe Federation, which take into account the peculiarities of these subjects of the Federation. Regional state construction is not always within the standards established by the Constitution of the Russian Federation and Federal law «About general principles of organization of legislative (representative) and executive state bodies of the subjects of the Russian Federation». Though, it doesn’t mean tough unification of authority organization at the level of the subjects of the Russian Federation. The very idea of a federative state presupposes a variety of approaches to solution of concrete issues of organization of the system of state bodies.
On August 1, 2011 a Federal Law came into force, in compliance with which the number of deputies of a legislative (representative) state body of the subject of the Russian Federation is defined depending on the number of voters registered on the territory of the subj ect of the Russian Federation [1].
Legislative powers form the main component of the competence of representative bodies of the subjects of the Russian Federation. The very realization of legislative powers is given principal time of the activity of the given state body of the subject of the Federation.
In accordance with the Constitution of the Russian Federation, federal bodies of the executive authority and legislative bodies of the subjects of the Russian Federation can transfer a part of realization of their powers to one another upon a mutual agreement.
The Decree of the Government of the Russian Federation determines the order of interaction and coordination of the activity of executive bodies of the subjects of the Russian Federation and territorial bodies of the Ministry of Internal Affairs of the Russian Federation, Ministry of the Russian Federation for civil defense matters, emergency situations and liquidation of natural disaster consequences, Ministry ofJustice of the Russian Federation, Federal bailiff service, federal ministries and other federal bodies of executive power, the management of which is performed by the Government of the Russian Federation, federal services and federal agencies within the jurisdiction of these
ministries (hereinafter — territorial bodies) [2].
In the event of inappropriate realization of powers in the sphere of state control and supervision by executive bodies of the subjects of the Russian Federation, which were transferred to them in accordance with the agreements between federal executive bodies and executive bodies of the subjects of the Russian Federation, territorial bodies authorized in the sphere of execution of state control and supervision forward suggestions about elimination ofviolations to chief authorities ofthe subject of the Russian Federation (heads of chief executive bodies of the subjects of the Russian Federation). If the specified violations are not eliminated, they inform a federal executive body who rendered the realization of a part of its powers to the executive body of the subject of the Russian Federation.
Federal Law № 101-ФЗ as of June 18, 2007«About amendments in the separate legislative acts of the Russian Federation with regard to the activity of state legislative bodies of the subjects of the Russian Federation and representative bodies ofmunicipal formations» [3] establishes an additional case of premature termination of powers of a legislative body of the subject of the Russian Federation.
Federal legislator confirmed the following stages of dissolution of a legislative body of the subject of the Russian Federation:
- Consideration by court;
- A decision made by the chief officer of the subject of the Russian Federation (head of the chief state executive body of the subject of the Russian Federation) about premature termination of powers of a legislative body of the subject of the Russian Federation within 3 months from the date of the decision of the respective court [4, 8].
A legislative body of the subject of the Russian Federation is entitled to express incredulity to the chief officer in the event of a gross violation of the Constitution of the Russian Federation, federal and regional legislation as well as inappropriate execution of their obligations by the chief officer established by the court. The decision of a legislative body of the subj ect of the Russian Federation about incredulity to the chief officer is forwarded for consideration of the President of the Russian Federation to solve the issue about the dismissal of the chief officer from the position.
Constitutional (charter) courts of the subjects of the Russian Federation are formed by the subject of the Russian Federation to consider issues about conformity of the laws of the subject of the Federation, normative legal acts of state bodies, bodies of local self-government to the constitution (charter) of the given subject of the Federation, as well as interpret the constitution (charter). Currently, the capacity of creation of constitutional (charter) courts is specified in the constitutions and charters of more than half of the subjects of the Russian Federation. However, such courts operate appropriately only in separate subjects of the Federation.
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About value of material evidence during the investigation of crimes
In accordance with the Federal constitutional law «About order to ensure guarantees of state protection of rights and
a human rights commissioner in the Russian Federation» [5], freedoms of citizens, adherence to and respect of them by state
a position of a Human rights commissioner is instituted in bodies, local self-government bodies and their officers.
References:
1. FL № 42-ФЗ as of 05.04.2010. «About amendments to the article of the FL “About general principles of organization of legislative (representative) state bodies of the subjects of the Russian Federation”».
2. Decree of the Government of the Russian Federation № 725 as of December 5, 2005. «About interaction and coordination of the activity of the executive bodies of the subjects of the Russian Federation and territorial bodies of the federal executive bodies».
3. Legislation bulletin of the Russian Federation. - 2007. - № 26. - Article 3074.
4. Kurmanov M. M. Dissolution of a legislative body of the subject of the Russian Federation by the chief officer of the subject of the Russian Federation because of non-conduct of a meeting of the legislative body of subject of the Russian Federation within 3 months.//State authority and local self-government. - 2010. - № 2.
5. Federal constitutional law № 1-ФКЗ as of26.02.1997. «About a human rights commissioner in the Russian Federation». -Part 1, article 5.
Tapalova Roza Bayshevna, Al-Farabi Kazakh National University, candidate of jurisprudence, the Faculty of Law E-mail: B_ali_77@mail.ru
Daubasova Sulushash Shynzhyrkanovna, Al-Farabi Kazakh National University, senior lecturer, the Faculty of Law
Mussabekova Aigul Rustembekovna, Al-Farabi Kazakh National University, master of law, the Faculty of Law
Sultanova Ayman Asanbaykizi, Al-Farabi Kazakh National University, undergraduate, the Faculty of Law
About value of material evidence during the investigation of crimes
Abstract: This article discusses the place of evidence
Keywords: crime, criminal, victim, micro-objects.
At fulfillment of the murder, bodily harm, rape, theft, traffic accidents with grave consequences and other crimes are always material traces. Traces of these diverse — by nature of origin, according to the mechanism of formation, functionality, size, etc. Carriers of these tracks may have different elements of the material circumstances of the crime situation: the offender, his clothes, shoes, instruments of crime, the means used by the perpetrator, the victim, his clothes, shoes, items belonging to the victim if the offense is committed in the indoor and outdoor areas — traces respectively, remain on the floor, furniture, earth, etc.
During the last century in forensic science developed branches — Trace Analysis, forensic ballistics, forensic explosion of maintenance, et al. In the framework of these research directions are given recommendations on detection, control, withdrawal of these traces (traces of hands, shoes, teeth, shells cracking, bullets, cartridge cases, traces gunpowder, explo-
in the investigation of crime.
sives, etc.) from the scene. Developed methods of the study of these objects, we know what the circumstances may be installed with the following hands, shoes, teeth, shells cracking, bullets, cartridge cases, traces of gunpowder, explosives, etc., all parties involved know what is their significance in the overall subject of proof.
But investigative practice there are situations when there is no trace of the traditional, but the crime is revealed, criminal expose by such material traces that are difficult to find skilled forensic work together with the investigator at the scene due to their microscopic size. However, as a direct or indirect result of the events related crime, criminal or victim, implements, tools of crime, they acquire forensic value and may even act as evidence in establishing the facts and circumstances of the offense. It is about these tracks, which belong to the micro-objects. Interest in various types of small and very small objects criminologists exhibited long ago. By H. Gross once pointed to
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