К вопросу о косвенных доказательствах (история и современность)
This article presents a historical and comparative legal analysis of circumstantial (indirect) evidence. The author investigated causes for the appearance of circumstantial evidence and explored scientists’ points of view on circumstantial evidence. The author believes that there is no only single criterion for dividing the evidence on the direct and circumstantial. However, the most useful for practice is the division depending on which type of fact (ultimate fact or evidentiary fact) is established by evidence: an evidentiary fact is proved by circumstantial evidence, an ultimate fact – by direct evidence.
The article contains a comparative-juridical analysis of main regulations of the Russian and Mongolian criminal procedure codes. From the more detailed analysis of individual Mongolia CPC institutions follows the conclusion, that the order of judicial process is defined sequentially and logically from judicial-technical positions, it led to achievement goals of Mongolia criminal process.
The article examines two texts in which "traces" of Protestant influence are found. The beginning is associated with the first known researchers "textbook on the theory of Russian eloquence", the so-called "Rhetoric" by Macarius of the first quarter of the 17th century. (attribution is still being debated); the stages of studying this text are briefly examined and its place outside the educational system, which by that time had not yet developed in the Moscow kingdom, is determined. A century later, courses in rhetoric and poetics became the basis of education in theological institutions. Rhetorical culture has assumed the function of education, upbringing and social regulation of society. The influence of Protestant ideas, together with the practice of rational evidence, honed in the polemics between Protestants and Catholics in Europe, is found in the works of Feofan Prokopovich. He not only read courses in rhetoric and poetics at the Kiev Mohyla Academy, but also wrote theological works, where the influence of Protestant intellectual culture is evident. The article analyzes one of the "Words" by Prokopovich "Theological teaching about the state of an intact person or about what Adam was like in paradise?" And concludes that over a hundred years the contact of the scribes with the Protestant intellectual culture has undergone qualitative changes. The method of critical analysis of the text became available to Orthodox scribes; polemics and use of the rules of argumentation; addressing the need for "experiential knowledge"; understanding of the authority of the academic community, etc. In these processes, the author sees a significant role of the Protestant "trace" in Russian book culture.
The article concerned the history of circumstantial evidence in Russia and in foreign countries (until the XIX century).
The actual value of shares in the company in most is determined on the basis of the examination. The author casts doubt on the legality of such practices. Based on the result of the analysis of the legislation and judicial acts, the author proposes to use another mechanism in determining the need for the examination. The examination for this category of disputes as to the position of de lege lata, and from a position of de lege ferenda possible only if the claimant have denied the presumption of validity of the balance sheet data.
The article is devoted to a particular form of freedom of assembly — the right to counter-demonstrate. The author underlines the value of this right as an element of democratic society, but also acknowledges the risk of violent actions among participants of opposing demonstrations. Due to this risk, the government may adopt adequate measures restricting the right to counter-demonstrate, certain types of which are analyzed in this paper.
Development of standards of international controllability is reviewed in the article. Institutional approach is applied to development of international legal regime of Energy Charter. Definition of controllability is connected to development of international standards of dispute settlement, which are described in the article in detail. In connection with controllability, Russian interest, defense of investment in European Union and ecological investment encouragement, is reviewed in the article.
мировое управление и управляемость, Мировая экономика, международное экономическое право, энергетическая хартия, International control and controllability, International economics, international economic law, Energy Charter
международное частное право; недвижимость; ; школа бартолистов; бартолисты; теория статутов; статуарная теория/