No 1 (2016)

This article is devoted to financial law issues as to prohibition imposed on agents of financial monitoring to disclose of information on anti money laundering measures and measures against terrorism financing to third parties and administrative liability for failure to comply with such prohibition. The author considers the legal issues in relation to exchange of information with affiliates of the agents of financial monitoring and propose some practical solutions. The author proposes to divide the information into four categories: banking secrecy, personal data of individuals, information on measures taken by the agents of financial monitoring and public information. According to author, the application of legal acts has to depend on abovementioned types of information. The practical value (significance) of information for criminals carrying out money laundering / terrorism financing has to be the universal criteria for distinguish of information which can / cannot be disclosed to any third parties. The article contains the legal analyses of administrative liability for failure to comply with anti-money laundering / terrorism financing laws. The author proposes some ways of improvement of Russian administrative legislation, in particular, extension of some provisions of article 15.27 of the Russian Code of Administrative Offence on credit organisations.

The article examines methods of knowledge relevant to the study of interaction of private and public interests in the implementation of land ownership rights. The author’s starting point is the statement that most abstract level of philosophical methodology is most applicable to the conceptualizing key terms and categories in the legal study. For example, conceptualizing ways of harmonizing the private and the public began to require a philosophical category «interest» test at various levels of the research process. The author has stated the necessity of employment of the dialectical method in order to detect interaction of the contradictory basics in regulation of public and private relations. Abstraction in current study is also employed as a relevant tool, because of their own design are formalized thinking about actually existing objects of the material world, elevating them from the material nature to theorize structures. The simulation method is considered by the author as an effective model for the creation of normative legal acts. The systematic method accepted as the key method , because it allows to consider the land as an object of property rights in relation to the general provisions on the system of objects of civil rights and natural sites. In addition to these common methods, the author recognizes the following relevant methods: structural and functional, system analysis, hypothetical-deductive. They allow to see the beginning of the public and private in terms of their functionality and related characteristics; interaction; in terms of their place and role in the legal regulation; as well as their position on the basis of constructing hypotheses and parcels. The author concludes that the reliability of the results of the study lend not only relevant objects, in this case property relations to land and the implementation of public and private interests, but also the range, and combinatorial research techniques in their interaction.

The political and legal analysis of a complex of the restrictive measures (sanctions) imposed on the Russian Federation and its citizens and legal entities concerning acceptance to the structure of Russia the Republic of Crimea and the city of Sevastopol as new subjects of the Russian Federation - the Republic of Crimea and the city of federal significance Sevastopol, on the basis of results of will of inhabitants of the peninsula of Crimea, by some integration associations and the foreign states such as the European Union, the United States of America, the Swiss Confederation, the Australian union, is provided in the article. The restrictive measures entered by Russia concerning a number of the foreign states and being «reciprocal» and directed on prevention of further development of deterioration of the interstate relations are also considered in the article. The author notes that the restrictive measures imposed by the states, as a rule, have a negative impact in the first place, it is for the states that impose such sanctions measures, thus, aiming to change the political vector of a State. The article concludes that despite some positive trends in the development of Russia's political, economic and social spheres in the framework of the «sanctions regime», the majority of politicians of the Russian Federation expects to resolve the situation through diplomatic dialogue on the basis of the positions of rationality in the approach to building bilateral relations, as well as with only in the framework of respect for international law principles and norms.

The article is devoted to the theoretical aspect of using the results of operational-investigative activity in the detection and investigation of crimes against the person committed in the context of obviousness. Given the author’s definition of the crime committed in the context of obviousness. Practical recommendations aimed at improving the criminal procedural and operational-investigative legislation. A comparative analysis of the use of the results of operational-investigative activity in the countries of Anglo-Saxon and continental systems of law. The author notes that in terms of the theory of criminal procedure of operational and investigative activities inter alia relating to crimes against the person committed in non-obviousness conditions collected for further testing and evaluation in terms of the possibility of use as evidence in criminal proceedings. A result of research concludes that the basic regulations relating to the issues of legal regulation of the use of results of operatively-search activity does not give a definite answer about the content of the algorithm presentation and use of results of operatively-search activity.