VESTNIK 4(12) 2017
- Title:
- VESTNIK 4(12) 2017
- Number:
- 4
- Year:
- 2017
- Date publication on the site:
- 2018-02-19 15:55:51
- Full journal in PDF:
-
Content all 17
FIRST ILLUSTRATED MARI SPELLING-BOOKS
UDC: 371.671.11(470.343)
Section: HISTORY
Authors: Ruslan A. Bushkov;
The spelling-book, which includes the alphabet, syllables, initial texts for teaching reading, basics of grammar, is the first study book falling into the hands of a child and leading him to the beginnings of writing and mastering written speech. The article is devoted to the history
of the first illustrated Mari spelling-books and to identification of the role of G. G. Karmazin, a prominent figure in the Mari enlightenment and science, in their compilation and publication. The translation commission at the “Church brotherhood for the name of St. Gury at the Kazan Cathedral”, founded in 1867, seriously took up writing spelling-books for non-Russian children. The Brotherhood is named after the first Archbishop of Kazan. It aimed to strengthen and spread Christianity among the non-Russian population of the Volga
region. In 1905, under the management of the Kazan Academic District, its own translation commission was organized. The transfer and publication of pedagogical and scientific-methodical literature for local non-Russian schools were entrusted to the commission. It was headed by Professor N. F. Katanov.
It included R. P. Dowley, N. V. Nikolsky, I. S. Mikheev, P. P. Glezdenev. In the 1920s G. G. Karmazin became one of the leading authors of textbooks on the Mari language, the compiler of its first spelling rules. These textbooks were taught not only in schools, but also in reading houses, and reading points for the elimination of illiteracy of the population. The Mari intelligentsia of the 1930s rightly linked his name with the formation of the main features of the Mari literary language and the formation of its lexical-grammatical norms. The works of the author of the first illustrated Mari spelling-books were not wasted, but they found continuation in today's pedagogy and life, as he dreamed.
I. N. SMIRNOV AS A MUSEUM COLLECTOR
UDC: 930.1:069
Section: HISTORY
Authors: Nafisa M.-N. Gibadullina; Rustam M. Gibadullin;
The contribution of the historian I. N. Smirnov
(1856–1904) to the museum work is considered
in the article. It is known today only to a narrow
circle of specialists-museum experts and Finno-Ugric
scholars. The aim of the research is to obtain an idea
of the stages, directions and scales of the collector's
and museum activities I. N. Smirnov, which was
dedicated to the history and ethnography of Finno-
Ugric, Turkic and Russian peoples. This diverse, and
“heroic” activity according to the testimony of
contemporaries, allowed to get the most complete
for its time picture of the historical development, first
of all, of the Finno-Ugric peoples of the Volga-Ural
Mountains on the basis of rich museum collections.
To this day, these collections represent unique
examples of already lost archaic cultures in the collections
of modern museums. The article also reveals
the views of Smirnov on the development of museum
work, the main task of which the scientist saw
not only in the demonstration of cultures of individual
peoples in the process of their development, but
also in the evolution of the universal culture. Thus,
it was possible to organize a systematic collection
of colossal material on ethnography and the history
of the peoples of the Volga-Ural Mountains due
to Smirnov. The scientist showed himself to be a
prominent theorist-reformer, though not completely
appreciated for the field of the museum work
in Russia. He offered advanced ideas in the field
of the organization of Russian museums, taking
into account the advanced European experience.
His project to create open-air museums was realized
only many years later.
MEMOIRS OF SOVIET MILITARY ADVISERS AND SPECIALISTS IN AFRICA FROM 1960 TO 1980. PARTICULARITIES AND PRACTICE OF STUDY OF HISTORICAL MEMORY
UDC: 94(47).084.8(093.3)
Section: HISTORY
Authors: Svetlana V. Grigorieva;
Introduction: the significant number of the memoirs
of participants of local military conflicts and conflicts
of “Cold War” that appeared in early 2000 can been
called as a new phenomenon in memoiristics.
Purpose. The purpose of this article is the analysis
of memoirs of military advisers and specialists
who were in hotspots of Africa during 1960–1980.
Materials and methods: classification and methods
of historiographic and comparative historical analysis.
Results, discussion. Nostalgia for heroic past as
well as desire of most of the authors to draw public
and political attention to social issues of ex-soviet
peacekeepers was the first reason for addressing
these historical sources. The second reason is the
fact that these memoirs have been declassified and
this gives an opportunity to tell the truth of what
soviet military-men were doing in African countries.
The fact that most of the memoirs were written by
people in respectable age who have lived most of
their lives in soviet society had an impact on their
world views. Markers of soviet discourse in different
forms from specific words and words combinations
to idioms, linguistic structures and text patterns
found reflection in the language of memories,
for example self-identification as a peacekeeper,
combat veteran, the way the authors express recognition
of their service to the motherland and justify
positive role that USSR played in African events
(USSR helped to create an efficient army, win
the civil war and showed the advantages of socialist
system). Conclusion. These memoirs allow us to make
a more elaborate study of recent history of African
countries, define a more objective role that USSR
played in Africa during 1960–1980 and break the
stereotypes about soviet foreign policy in 1960–1980
that are set in soviet historiography.
MYTH OF VAMPIRES: HISTORY AND MODERNITY
UDC: 94
Section: HISTORY
Authors: Yuliya S. Obidina;
The myth of vampires is a cultural universal and is
associated with the fear of death and the superstitions
that surround it. But the myth of a vampire comes out
of the field of folklore, and the vampire becomes a
historical character only in the Balkans. The purpose
of this article is to show the evolution of the myth
about vampires and the forms of its historical incarnation.
For this, the article provides a comparative
analysis of the vampire's structural unit of myth,
the peculiarities of its embodiment in the European
tradition, ways of adaptation the vampire image by
Christian theorists and practitioners. The article
emphasizes that, largely due to the activities of the
Christian church, especially the Catholic, the vampire
becomes an agent of the devil and turns into a real
character. Based on the opinions of the largest
researchers of mythology and demonology, the author
concludes that together with witches and werewolves
the vampire became the personification of earthly
evil. The image of the historical vampire, earl Dracula,
is also largely created from the submission of the
church, which called Christian governors of Europe
to fight against Islamic Turks. Later the Irish writer
Bram Stoker expanded the image of the historical
vampire far beyond the Balkans, and to this day the
vampire is a favorite character of mass culture.
ROLE OF MARI WOMEN IN ETHNO-CULTURAL DESIGNING
UDC: 39:008-055.2
Section: HISTORY
Authors: Galina E. Shkalina;
The article deals with the problem of revitalization
of ethno-cultural values in modern society. From
ancient times they provided not only the survival of
the people, but also the preservation of its spiritual
and physical health, harmonized the interaction of a
man with nature and with other people. Today there
is a more complete, expanded, anthropological
understanding of culture, including the broadest
sphere of life styles and ways of people's coexistence,
creative activity and the formation of a system of
values, norms, worldview and identity. The author
notes that over the past 25–30 years, the Finno-Ugric
peoples of Russia have been consolidated through
the comprehension of common archetypal images.
Ethno-cultural heritage has acquired for them
the importance of vital installations, was a marker of
self-consciousness of a new generation. The author
calls the musical quintessence of this process the
musical “Yumyndyr”, staged in the national theater
of the Republic of Mari El and based on the archaic
Mari myth. The historical and cultural identity of the
Mari ethno culture is a projected issue for the
regional public association “Union of Mari Women
‘Saskavy’”. The objectives of the association are to
intensify the activities of the indigenous women
of Mari El, to increase their status, to play a role
in the political, social and economic life of the
republic, to support the cultural initiatives of rural
women, and to train young women leaders of a list
of Mari women. The article concludes that public
institutions with a cultural mission are an important
organizational structure that projects the formation
of ethnic culture in the 21st century. The multifaceted
creative potential of ethnoculture in women's
hands can be widely used to strengthen social
cohesion, feelings of mutual trust and understanding,
as well as to develop transcultural ties, since the
feminine is always a mood for the vital frequencies
of the universe.
STRENGTHENING OF LEGALITY AND DISCIPLINE IN ACTIVITY OF STAFF OF THE INTERNAL AFFAIRS BODIES IN THE MARI ASSR (1960–1980)
UDC: 93/94
Section: LAW
Authors: Irina A. Boyarintceva;
Based on the archival sources, that are put for
the first time in the scientific circulation, the article
analyzes the activities of staff of the internal affairs
bodies of the Mari ASSR at the Soviet period.
Particular attention is paid to the issue of strengthening
of legality and discipline in the activities of staff, as well
as to measures to overcome the identified miscalculations
and omissions in the field of strengthening
discipline and legality. The application of historicalsystem
and historical-comparative approaches made
it possible to compare the essential characteristics of
the organization and activities of the Soviet militia
on a national scale and to reveal its regional features.
The dialectical method, formal legal, systemic and
other methods of scientific cognition were also used
in the study. The author used the principles of the
truth, concreteness, historicism, objectivity and
systematicity by carrying out the research. Having
analyzed personnel policy of the Mari militia, the
author has concluded that despite the taken measures,
respecting the rule of law and disciplines among
staff was not up to the mark. So there are violations
of an authorized order and legality, the facts of the
shelter of crimes from account gain distribution in
the 1960-s. In the middle of the 1970-s personnel
committed offenses that were more serious: murder,
drawing heavy injury, theft. The author attempted to
define the reasons of low level of discipline among
the staff of the Mari militia, inefficiency of the taken
measures. In general the personnel policy on the
basis of command and administrative methods was insufficiently effective and didn't meet requirements
imposed to law enforcement agencies. Separate
services weren’t provided with the necessary number
of the trained staff in a due measure. In the early
eighties big turnover of staff remained. Noticeable
was a number of violations of office discipline and
legality. All this led to decrease in the authority of
militia. The received results of a research can be
used successfully in development of recommendations
for police officers of the Republic of Mari El
during the modern period.
OMBUDSMAN INSTITUTE IN THE RUSSIAN FEDERATION AND IN RUSSIAN REGIONS: LAW BACKGROUND AND PRACTICES OF COLLABORATION
UDC: 342.7
Section: LAW
Authors: Olga Yu. Buzenkova; Alexander Yu. Sungurov;
The article is devoted to the analysis of Ombudsman
institute (Commissioner for human rights) in the Russian
Federation and in the subjects of the Russian Federation.
The study briefly highlights the main stages of the
establishment of this institute at the federal level,
which took place in the 1990s under the conditions of
an acute political confrontation. The personal characteristics
of Russian Ombudsmen from Sergey Kovalev
up to Tatyana Moskalkova are described. The article
shows that Ombudsman institute in the subjects of the
Russian Federation appeared earlier than at the federal
level. Thus, the law on the Institution of the commissioner
for human rights in the Republic of Bashkortostan
was adopted in 1996, that is a year earlier than the
corresponding federal law. The dynamics of changes
in the relationship between federal and regional
Ombudsmen from informal interaction within the
Coordination Council to the legalized “double-key
principle” is revealed. The positive aspects and
potential dangers of such changes are shown.
OPPORTUNITY AND TIME IN LAW: SOME ASPECTS
UDC: 342.7
Section: LAW
Authors: Anatoly V. Vissarov;
The author of the article studies some aspects of
opportunity and time relations in law. Opportunities
in law open up reserves for the person, so it becomes
possible to achieve the planned goals, interests,
results. Time, being connected with opportunities
in law is an important component of the legal life of
society. Time in law acts as a factor or condition,
in the event of which the opportunity can be realized,
i. e. can become a reality. The purpose of the study is
to identify some aspects of the interaction of opportunity
and time in law. The object of the study was
the opportunity and time in law. The subject of the
study: the temporal possibility in law and timeliness
as a property of activity governed by law, which
gives subjects the opportunity. To achieve this goal,
a universal dialectical method of cognition was used,
as well as general scientific, private and special
methods based on it. As a result of the conducted
research it was established that the possibility exists
in law, develops and manifests itself in an objective
phenomenon called time. Temporal opportunities are
the result of the impact of legal norms, legal means,
give the subject of law the answer to the question –
what is time, how to implement it (keep in mind)
in legal relations. Timeliness of legal actions (acts,
activities) is an important aspect of the interaction
of opportunity and time in law. Timeliness is an
important property of the activity, regulated by the
law, which provides the entities with certain opportunities.
In our society there are multiple contradictions
in assessing the timeliness of carrying out certain
state and legal reforms that require intensification of
research in this direction. Timeliness manifests itself
in the field of lawmaking, law enforcement activities
and is an attribute of ensuring the high quality of laws.
Specific proposals are made to fully ensure the
possibilities and time in law in the process of lawmaking
and the realization of law.
CORRELATION OF POSITIVE AND NEGATIVE ADMINISTRATIVE DISCRETION
UDC: 342.98
Section: LAW
Authors: Aleksandr M. Gavrilov;
The article studies the issues related to the concepts
and correlation of positive (legal) administrative
discretion with actions that escalate into negative and
illegal manifestations. The paper explores various
concepts, reveals their essential content. Administrative
discretion is the freedom to choose the variant of
the behavior by an authorized entity (a civil servant),
determined by regulatory legal acts on the basis of his
mental activity, in order to realize his public interest,
to take an optimal management decision, to act or
to refrain from doing (inaction) for the expedient
exercise of his powers. The paper states that a civil
servant, using administrative discretion, must rely on
constitutional principles, the principles of official
conduct. The limits of administrative discretion are
outlined by the rule of law. Analyzing the main
characteristics of administrative arbitrariness that
prevail in the scientific literature, the author comes to
the conclusion that the actions of persons having
authority and beyond the limits of legal administrative
discretion have a more complex structure and do not
always fit into the framework of administrative
arbitrariness or abuse of the right granted to the
employee. It is concluded that administrative arbitrariness,
along with other features, is characterized
by the presence of a public legal tort. The degree of
deviation from legal administrative discretion, which
does not turn into a very negative and antisocial
behavior, such as administrative arbitrariness, is
singled out separately. It forms other types of deviation
from its permissible limits.
PEDAGOGICAL COMPETENCE FORMING AT STUDENTS-FUTURE LAWYERS IN TRAINING
UDC: 378-057.4
Section: LAW
Authors: Yana V. Ermushova;
Introduction. Contemporary socio-cultural situation
in the country indicates a decline in moral and cultural
level of the population in general and especially
of minors. The society faces the challenge of establishing
an effective state system for the prevention
of juvenile crime based on restorative paradigm of
justice and application of juvenile technologies.
To achieve this goal, psychologists, teachers and
lawyers who can provide quality care for minors in
difficult life situations. Under the circumstances,
pedagogical preparation becomes an integral component
of the content of vocational and legal education.
Purpose. Development and validation of the components
of the content of forming of pedagogical
competence of students in the system of higher legal
education. Materials and methods. Scientific and
pedagogical works in the field of competence
approach in vocational education (E. F. Zeer), the
works devoted to the disclosure of the essence of
pedagogical competence of the teacher (V. A. Slastenin,
N. V. Kuzmina), the dissertational works on
the problem of formation of pedagogical competence
among specialists of various spheres were analyzed
during the research. A complex of complementary
research methods was applied: analysis and synthesis
of information on the problem under study, questioning
of students and teachers of law faculties, interviews
with them, observation, pedagogical experiment.
Results, discussion. An important part of professional
preparation of future lawyer is the formation
of a pedagogical competence. This is due to the
diversity of the legal profession, since, according to
the FSES HPE in the direction of training “Jurisprudence”
(qualification (degree) “Magister”) the
lawyer is prepared for such professional activities as
law-making, law enforcement, expert consulting,
managerial, research and teaching. As part of the latter
activity, he should be able to teach legal subjects
at the necessary theoretical and methodological level, to manage student's independent work and to effectively
implement legal education. Conclusion.
The study showed that the theoretically identified
and approved criteria and pedagogical conditions are
identified correctly, their implementation in educational
process of the University contributes to the effective
formation of law students' professional and
pedagogical competence.
JUDICIAL-ARBITRATION PRACTICE IN DISPUTES RELATED TO THE EXECUTION OF PRELIMINARY CONTRACTS IN CONSTRUCTION ACTIVITIES
UDC: 347.918+346.3:69
Section: LAW
Authors: Oleg I. Lashmanov ;
The article is devoted to judicial and arbitration practice
in disputes related to the execution of preliminary
contracts in construction activities. The essence of
the preliminary contract is an agreement between two
parties – economic agents, according to which they
commit themselves to a future decision on the conclusion
of the main contract, the subject of which is the
transfer of property, performance of work or provision
of services. The use of preliminary contracts in construction
provides the participants of the construction
market with some advantages, namely it allows establishing
preliminary economic relations that take into
account the interests of the parties. One of the most
common contracts not provided by the Law on Participation
is a preliminary contract for the purchase and sale
of a non-residential premises or apartment (hereinafter
referred to as “MPCI”). Resolution of the Plenum
of the Supreme Arbitration Court of the Russian Federation
No. 54 of 11.07.2011 “On certain issues related
to the settlement of disputes arising from contracts
for real estate that will be created or acquired in the
future” determines the moments that arbitration courts
need to follow when resolving cases. This decree provides
an indication that a preliminary agreement is
a contract under which the parties undertake in the
future to conclude, under certain conditions, a basic
contract for the sale of real estate that will be created
or acquired in the future, but the purchaser of the
property must pay the price of the property or most of
it before the conclusion of the main contract. The article
considers various situations that arise when arbitration
courts consider disputes related to the execution
of preliminary contracts in construction activities.
The article deals with the situations that arise in the
consideration of cases by courts, examples of arbitration
practice are given. Also, the article presents
the various positions of arbitration courts in disputes
related to the execution of preliminary contracts
in construction activities. What are the positions of arbitration courts in disputes related to the execution
of preliminary contracts in construction activities?
What situations arise arbitration courts at the
consideration of the disputes connected with execution
of preliminary contracts in building activity?
These questions will be answered in the article.
TO A QUESTION OF UNDERSTANDING OF PUBLIC CONTROL
UDC: 342.55
Section: LAW
Authors: Tatiana N. Mikheeva;
The institute of public control received legal regulation
three years ago with the adoption of the Federal
law “On the basics of public control in the Russian
Federationˮ. During this period, it showed itself
in a practical way, so certain legal gaps and strengths
of the law were revealed. However, many aspects
of public control raise questions among a large part
of the population. There is no common opinion
on certain points even among scientists. The purpose
of the study is to analyze the basic concepts of public
control. The tasks of the work are: to present a scientific
and practical description of the key concepts of
public control, to give them an expanded interpretation,
to identify the legislative problems, to suggest
ways to improve legislative norms. The methods
of the research are both general scientific and special
legal methods of cognition. Legalistic, comparative,
system and structural and other methods are among
them. The set of methods allowed to achieve the
goal and to solve the problems under research.
The research results are the comments on the basic
concepts of public control. The profound analysis
of precepts of law isn't limited by the instruction
of obvious shortcomings of the law, but also offers
ways of overcoming separate legal gaps. Concepts
of public control, the system of the principles,
classification of subjects of public control are
subjected to expanded interpretation that will allow
to simplify understanding of the law not only for
experts, but also for citizens as this law is designed
to protect their interests.
FORMATION AND POWERS OF SUBJECTS OF PUBLIC CONTROL: QUESTIONS OF PUBLICITY
UDC: 342.55
Section: LAW
Authors: Denis S. Mikheev;
Public control is considered to be one of the main
tools of publicity. The purpose of the study is to
analyze the legislative norms regulating subjects
of public control. This institution is central to the
Federal Law “On the basics of public control in the
Russian Federationˮ, as it defines the circle of key
participants in control activities, their rights and
duties. However, the provisions of law have contradictory
character and contain obvious omissions
in the part of such subjects as citizens and public
associations. Hence the objectives of the study are
following: the analysis of legal norms on the legal
status public control subjects, contained not only in
the above-named law, but other federal and regional
laws; the features of the formation of the main
public control subjects and the identification of
problematic aspects in this part; the issues related to
the powers of these entities. Various methods and
approaches of the studying are used in the research.
One of them is the objectivity in assessment
of the current legislation. General scientific methods
(analysis and synthesis), special legal methods
(legalistic, comparative, etc.) helped to achieve a
goal and certain results, to solve the stated tasks.
The practical importance of a research is in promotion
profound understanding public control subjects,
their rights and duties, and restrictions. In general,
the presented scientific material is of practical value
from the point of view of implementing the norms of
legislation, bringing the institution of public control
closer to citizens.
THE PRACTICAL REALIZATION OF TRADE UNION’S RIGHT TO REPRESENTATION AND JUDICIAL PROTECTION
UDC: 342
Section: LAW
Authors: Ivan A. Murzanov;
The right to judicial protection is one of the fundamental
constitutional rights of a citizen, enshrined
in the basic law of the Russian Federation. In turn,
some institutions of civil society, including public
associations, are entitled to judicial protection. Trade
unions, being the most numerous public association,
whose number today exceeds 20 million people, can
apply to the courts in case of violation of the rights,
freedoms and legitimate interests of their members.
However, trade union protection in this case is exclusively
individual and targeted, not giving trade
unions the right to apply to the judiciary for the
protection of all categories of workers. Practical
activities of state authorities and local self-government
bodies are related, in particular, to norm setting.
On the other hand, such bodies should adopt appropriate
regulations taking into account the opinion of
the respective trade unions. However, the consideration
of the opinions of trade unions is the right of
public authorities and local self-government bodies,
and not an obligation. Thus, in situations where
a normative act issued by a public authority, a local
government body or their officials violates the social
and labor rights of employees, trade unions do not
have the opportunity to appear in court simultaneously
in defense of all of them, which is an unconditional
violation of the constitutional right of citizens to
judicial protection. Thus, the author substantiates
the conclusion about the need to give trade unions
the right to apply to the court in defense of the interests
of an undetermined number of persons.
PREPARATORY ACTIVITIES ON REFORMING OF PENAL SYSTEM OF THE RUSSIAN EMPIRE IN THE SECOND HALF OF THE XIX CENTURY
UDC: 343.812(47+57)"19"
Section: LAW
Authors: Nikolai I. Petrenko;
Introduction. Studying of history of prison transformations
is of great importance for understanding
of regularities of development and improvement of
domestic system of execution of criminal penalties.
For the long period of activity of the Russian penal
system the wide experience of execution of the
punishment in the form of imprisonment in various
historical, political, economic and social conditions is
accumulated. Now the special relevance is acquired by
need of studying and adaptation to requirements of a
penal correction system of positive experience of the
organization of execution of criminal penalties in the
Russian Empire. Purpose. On the basis of archival
materials, to analyze actions of the government for
development of basic provisions of reform of penal
system of the Russian Empire in the second half of the
XIXth century. Materials and methods: In the course
of the research the documents of the commissions on
reforming of prison system of the Russian Empire which
are in the State archive of the Russian Federation fund
122 “Head prison departmentˮ and the Russian state
historical archive fund 1149 “Department of laws of
the State Councilˮ have been studied and analyzed.
In the course of the research the complex of complementary
methods has been applied: the analysis and
synthesis of information on the studied problem, legalistic,
historical and comparative. Results of a research.
Reforming of prison system of the Russian Empire in
the second half of the XIXth century was objectively
necessary and followed from logic of large-scale reforms
of Alexander II. The government made purposeful
efforts on development of an algorithm of future transformations
in the penitentiary sphere. The research
analyzes the activity of a number of the commissions
on preparation of transformations in the penitentiary
sphere under the leadership of K. K. Grot, K. I. Palen,
V. A. Sollogub, M. R. Shidlovsky and A. B. Lobakov-
Romanovsky. Conclusion. The conducted research has
shown that carrying out reform of penal system of the
Russian Empire was preceded by long preparatory work
which was carried out by a number of the departmental and interdepartmental commissions. Thorough
training and study of all nuances of activity of prison
system has allowed to carry out necessary transformations
and to adapt the system of execution of
punishments of the Russian Empire to the changed
social and political and economic conditions and to
conform to the international standards of penitentiary
science and practice.
QUESTIONS OF PROOF OF THE SUBJECTIVE SIDE OF CRIMES RELATED TO LEGALIZATION OF INCOME OBTAINED BY CRIMINAL MEANS
UDC: 343.5
Section: LAW
Authors: Mihail A. Smirnov;
The main aim of this research was to study the issues
of proving the subjective side of crimes related to
legalization of income obtained through crime.
Proving the subjective element of crime is one of the
most difficult tasks to be solved by the investigator
during the study of most criminal cases. Proving the
subjective side of the crimes committed with the use
of special knowledge in the field of Economics and
Finance is the decisive factor in the question
of establishing all the signs of the crime in the
actions of a person, as well as addressing the issue
of his guilt or not guilt.
CONCEPT AND ESSENCE OF INITIATION OF CRIMINAL CASE
UDC: 343.1
Section: LAW
Authors: Svetlana A. Yakovleva;
The article considers the problems of defining the essence
of the stage of initiating the criminal case; the
question of the existence of this stage is analyzed.
There is a point of view that stage preservation of the
institution of criminal proceedings is an axiom. Each
stage of criminal justice is characterized by its inherent
features and legal properties. We have investigated
individual features of the stage of initiating the criminal
case in relation to certain features of the stage of
preliminary investigation of the case. If the beginning
of the stage of preliminary verification of a
crime report and its calculation timing can be determined
from the date of its official registration, the
beginning of the stage for its initiating adjusted after
receiving a message about a crime, raises questions
in the terms of its calculation. Considering the tasks
set for the stage of initiating the criminal case, the
author has come to the conclusion that long before
making the decision to institute criminal proceedings,
the investigation of the crime starts establishing
elements of the corpus delicti of the crime and its
proper qualification under the Criminal Code of the
Russian Federation. To solve these problems, the
official is faced with the choice of investigative
actions specified in Part 1 of Article 144 of the Code
of Criminal Procedure of the Russian Federation.
However, the list of these actions presented by the
legislator does not allow him to fix all the information
on the circumstances of the crime and it may
subsequently disappear or change. Execution of all
investigative actions prior to the institution of a criminal
case as a legal act acquires conceptual significance.
Criminal prosecution aimed at establishing the
person committed the crime as a subject of criminal
responsibility is connected with the stage of initiating a
criminal case. The author comes to the conclusion
that the stage of initiating the criminal case is not an
independent stage. The tasks for establishing the
elements of the corpus delicti of the crime under the
Criminal Code of the Russian Federation and its proper
qualification, as well as the person who committed
the crime, the formation of the evidence base are
common tasks for the stage of initiating the criminal
case and the stage of preliminary investigation.