1. Summary
Recently activities on essential activating in country of a system of social
safety at last were moved off the dead centre on the basis of reorientation
of principles of our codified legislation: from adopted ещ ё древнеримскими
by the lawyers on natural, natural, founded on возмездном, "«reflexive"
approach. It guesses substitution « of the legal responsibility » on the
responsibility only social, on an extent of the marked economical and social
damage - without dependence from, whether the permission or prohibition
of this or that particular act in the statutory acts whether or not is
stipulated. And on the contrary: the absence of any responsibility, any
responsibility is established(set) to suffer punishment for want of the
expressed damage - actual and - or potential. The almost universal substitution
of all set of existing kinds(views) of punishment is simultaneously supposed,
switching on as the main(basic) deprivation of liberty, on the unique form(shape):
On full material indemnification(compensation) of all marked damage: economical,
physical, ecological, moral...
The book actuates outcomes of durable studies of an entity of a problem,
presentation of the practical approaches to a rating of damage and effect,
algorithm of implementation of a designed system and outcomes of analysis
anticipated consequences from implementation of the reversionary
Right in exchange or in bridge existing; the essence of tendered variations
envisioned by the draft federal law « About social safety and social progressing
» is set up.
The book is intended for the specialists in an orb of the right, teachers,
students, and also for the mass reader who is were interested in problems
of the safety and outlooks of social progressing.
THE SUMMARY
Recently at last have moved from a dead point of work on essential activization
in the country of system of social safety on the basis of reorientation
of principles ours of the legislation: from accepted still Ancient Roman
by the lawyers on natural, based on "«returnable" approach,
with replacement « of the legal responsibility » on the responsibility
only social (on a degree of the put economic and social damage, without
dependence from, whether stipulate the sanction or interdiction on that
or other action in the normative certificates (acts) whether or not. And
on the contrary: the absence of any responsibility, any duty is established
to incur punishment at absence of the expressed damage (actual and - or
potential). Almost universal replacement of all set of existing kinds of
punishment simultaneously is supposed, switching as the basic deprivation
of freedom, on the unique form: on complete material indemnification of
all put damage: Economic, physical, ecological, moral...
The book includes results of long researches of an essence of a problem,
statement of the practical approaches to an estimation of damage and effect,
algorithm of introduction of the developed system and results of the analysis
of expected consequences from realization of the Returnable right in exchange
or parallel. existing; the essence of offered changes provided by the project
of the federal law « About social safety and social development » is stated.
The book intends for the experts in sphere of the right, teachers, students,
and also for the mass reader interested by questions of the safety and
prospects of social development.
(Machine Translation. The text is fulfilled).
The writer — Б.А МИНИН., president of International Academy of public
progressing, director of Federal Center of certification accredited at
ЦНИИбыт, chief of group of expert Council on social safety and social progressing
(ГосДумы ФС Russian Federation), candidate of engineering science, doctor
of economical sciences, the member of International Academy
of informatization
The curators of activity - Deputies of State Duma of Russian Federation,
vice-presidents of committee on Safety Госдумы, academicians П.Т.БУРДУКОВ
and В.И. ИЛЮХИН
The section 4.6. is written together with В.И. ИЛЮХИНЫМ by doctor of
juridical science.
The section 4.7. is written В.В. ДОРОШКОВЫМ, judge of the Supreme Court
of Russian Federation, master of laws
The section 4.8. is written А.П. ГАЛОГАНОВЫМ, President of Federal Union
of the Attorneys of Russia
Opening speech kindly has agreed to write the Judge of the Supreme Court
the Russian Federation, professor of the Russian Academy of justice at
the Supreme Court of Russian Federation Deserved lawyer of Russian Federation
С.А. REASONS
At opening-up of separate sections and discussion of the used here materials
the theorists of the right, members of expert Council received the most
active involvement on social safety and social progressing at Committee
on safety (Госдума Russian Federation): Е.В. БЕЗНОСЮК, В.Ф. ЖУРАВЛЕВ, О.С.
КОЛБАСОВ, В.З. JUGS, Ю.С. ОСИПОВ, Н.И. СИДОРОВ, Ю.Е. СЦЕПИНСКИЙ, Г.Н. СЮТКИН,
А.Г. ТЕРЕХОВ, Р.М. ТИХОНОВ, and also involved(attracted) specialists from
law enforcement bodies, including from an orb of practical legal proceedings:
Л.А. ИГНАТОВА, n.m. КАМИНСКАЯ, В.А. МУРАВЬЕВА, В.К. ШУЛЬЦ
BY HIM(IT) and all by other, even by the one who has pronounced us negative
judgement, but has given constructive proposals, we express huge gratitude
for exhibited by them a creative insight, steady faith and comprehension,
and also definite professional boldness and sincere availability to help
in this obviously off-gauge business.
We are specially grateful to ideas and boldness Росса PEN, which one
by the desperate act before selection of the president of USA of 1992 has
pushed us to comprehension of quite real feasibility of the programs apparent
to us up to it too scale and absolutely firm.
The foreword
Dear readers!
The book, which one lays before you, is a courageous digression in far
past and, it would be desirable to believe, in the nearest future of our
Justice - Justice, which one for certain can find in itself forces to refuse
enforced following to principles "«codified", дробленого of the legislation.
These principles are left to us in the patrimony ещ ё from times древнеримских
of the lawyers a pair тысячелетий ago, when the time was almost static,
when, it happened, the centuries in life did not originate almost any essential
variations...
But for these тысячелетия and specially last centuries these principles
really notably have become outdated, and now they create many difficulties
for the workers of courts and mass of the enforced breach of justice for
the citizens.
It is impossible to disagree with the President of Russian Federation
В.В. Путиным, that the court in our country till now did not become speed,
right and fair... The normative - legal base to the full does not decide
problems, put before justice, as many laws mirror formation and departmental
concerns... As the outcome it is in country, alongside with shadow economy
the tendency to forming the shaded justice is exhibited.
The path tendered the writer of this book with сподвижниками, sounds
as though the answer to these words. Yes, the transition to new rails,
if he will happen, will be hard. It is impossible to say, that the new
approach is so uneasy technically or that he is contradictory - but just
by simplicity, as it often happens, he psychologically will appear very
difficult for perception by the specialists who have got used to a complexity
of the legislation, founded on principles of the prevailing law.
Already therefore his(its) implementation can begin only if there is
huge political will of the president and potent civil support. Today as
never in other time we in Russia have for this purpose all reasons, and
it is necessary to be prepared for this.
The book for certain will call living concern among the creatively customized
lawyers, courageous polyhabit spasms and thinks citizens - not only for
us in Russia, but also abroad.
The judge of the Supreme Court the Russian Federation,
The professor of the Russian Academy of justice
At the Supreme Court of Russian Federation,
The deserved lawyer of Russian Federation
С.А. Reasons
CONTENTS
Instead of the foreword: the reversionary RIGHT, STAGE PRE-DAWN
The introducing.
SECTION EXPLORATORY
1. "«REVERSIONARY RIGHT" - PERSPECTIVE TOOL
SUPPLIES of SOCIAL SAFETY
1. Social safety: for a long time and today
2. What inconsistencies and problems of legislative practice of today?
3. Where to go and what to do(make)
4. Reflexive principle, maiden approaches
2. REVERSIONARY RIGHT: - REALIZABILITY In FRAMEWORKS
the EXISTING LEGISLATION
1. Major nonsense
2. Definition "«perils", or plotted damage,
3. What from the existing texts of the acts are given by(with) the basis
for optimisms
4. How in practice the reflexive principle will work?
5. That today is problematic
6. Existing legislation and Reversionary right
7. Mode of payment of indemnifications(compensations)
3. PROCEDURE of the INTRODUCING of a SYSTEM of SOCIAL SAFETY (ССБ)
1. Социометрия (brief digression)
2. Kinds(views) of social damage
3. Metrology of social damage
4. About the rules of charge "of the «reflexive" sums at indemnification(compensation)
of damage
5. Some consequences
6. Rule of the introducing of a system of social safety in locale
7. Procedure of the introducing ССБ
8. Activity of bodies(organs) ССБ
9. Mode of payment of indemnifications(compensations)
4. REVERSIONARY RIGHT: - APPROACHES To FORMING
the DOCTRINES And COMMENTING
1. Active thirst of substitution old and looking up of the new concept
2. From a stand of system approach
3. At formulation of the new doctrine
4. Practical operatings in case of a beginning of implementation of
the Reflexive concept
5. Anticipated variations
6. Reversionary right and prosecutor's office: dialectic interpenetration
of the purposes and problems - together with В.И. Илюхиным (on the coordination)
7. Legal proceedings at stages of implementation of the reversionary
right. Capabilities and problems - В.В. Дорожков
8. Advocacy within the framework of the legislation, founded on the
reversionary Right - А.П. Галоганов
9. Reversionary right in a light historical ретроспективы (on materials
И.Б. Новицкого)
SECTION PUBLICISTIC And EXTREME
5. SHOUTING REASONS of ORIGINATING
1. There are many kinds(views) human баловства...
2. Доколе by him(it) to correct by a dancing party?
3. From the report on conference International academies
of informatization 21.11.2000
4. Globalization and антиглобализм
5. About priorities and reference points of world public progressing
6. LONG YEARS of FORMING
1. For true priorities
2. "Reversionary right" a plus a system of forward(straight) democracy
as a clue to active social progressing
3. Reversionary right " a plus a system of forward(straight) democracy:
a step forward and to the left
4. About religion, Ленине and business - schedules
5. How to shun terrible costs of our civilization
6. About necessity and inevitability of shift of the concept of a law
in force: national and universal aspects
7. ATTEMPTS TO CONVINCE
1. To become the gods after the god
2. Protrusion in Госдуме
3. Грядут the large changes
4. About the recalls of the professionals - controversy and commenting:
· of WOUNDS
· Institute of militia
· the United Nations
· the Vehicle of committee on safety Госдумы
5. THE LAW, WHICH ONE WILL CHANGE of PATTERNS
8. PUBLIC PROGRESSING - SECOND SIDE of a MEDAL, NOT LESS SIGNIFICANT
1. Medical cataclysms, one history
2. Efficiency of science and concerns of public progressing
3. The effectiveness criterions are necessary for effective science
4. On social progressing
5. Small secrets of the large science
6. Quality and ecological purity — two sides of a social medal
7. About бездуховных sources of a corporate egocentricity
9. LAW AT THE STAGE OF the PROJECT
1. Withdrawal from 9-th edition, 2001
2. Explanatory slip
3. Concept of the law
10. IF TOMORROW ВП... Предвидимые personal, public and global consequences.
1. New Госдума: If only not импотентность. - but also not the children
- freaks
2. « Elections: who is who » - as it is necessary to select Duma
3. Effective science - effectiveness criterion
4. Auto neutralizing agents is only half. And even it is less
5. MASS-MEDIA: concern in общественно useful
6. Advertising: the full responsibility. - Whose?
7. Moral = ненанесение and непричинение. It is no more and not less
8. Социономика - отграниченная an orb of social production. The social
- ecological doctrine
9. « The Biblical doctrine » - till September 11...
The appendix П1 НОВОМЕТРИЯ And СОЦИОМЕТРИЯ, brief ликбез
The appendix П2 the PROJECTS REALISED And READY For IMPLEMENTATION (withdrawal)
1. Project "«Reversionary right" (ВП) - within the framework of Expert
council КБ ГД
2. Project the Российско-European Agency "PROGRESSING" (РЕА "PROGRESSING")
3. Project Новистика (НВ)
4. Project a Maximum qualifying commission (ВКК) in frameworks МАОР
(cm).
5. Projects МАОР.RU
6. Institute world антиглобализма (HIM)((IT)) - in frameworks
МАОР
7. International Academy of public progressing (МАОР) - realised project
8. Federal center of certification (ФЦС) - realised project
the appendix П3 the Literature
The concluding. TO LIVE, DEVELOPING
The nominal index(indicator)
The subject index
……………………………………………………………………………………………………………..
Reply to call of time
From the INTRODUCING
…. XXI the century will be indisputable by century of transformation
of Russia and all a pattern. This destiny we предрекли the astrologists
have a lot of honeycombs of years before our surprising time. We need only
to not deceive their prediction. For except for us this transformation
could not be made.
First step to the necessary turn of progressing should become cardinal
variation in our legislation.
Judicial and legislative power create, at all events, make out all main(basic)
rules, assigned to us, of our life, since the maximum concept of our social,
political, economical progressing and finishing the petty rules and our
daily behavior. And at all events concept, assigned to us till now whence
from the outside, sense our existence.
Judicial and legislative power if to ponder, mean for all of us much
more, than we with you suspect. As well as than the criminal for the marked
damage will answer, whether so he wants ещ ё of time «to "outrage"? And
whether want in this business to be retracted new forces? As far as will
live comfortably казнокрад and officer braking progressing of country?
On what conditions we shall contain the whole clan of science - on a condition
of the positive contributions and full scale responsibility for miscalculations
(sometimes huge on scales) or in the mode of full irresponsibility? Whether
we shall silence the interethnic, interreligious, interracial and interpersonal
conflictings or them to stimulate? Whether we shall find capabilities and
paths for a unification - or for mutual разбегания of races and peoples?
Will be on the Earth ХХ1 century century of continuing with pavor and terror
or maiden century to epoch благоденствия and pattern? And whether there
will be this of patterns an empire of stagnation or gantry for
active socially useful creativity?
It is already completely clear that to give this process the momentum,(pulse,,impulse,),
quite necessary for all of us, in the necessary direction the reversionary
Right will manage only, which one was by a subject of the given book.
…………………………………………………………………
…. What such Reversionary right, main(basic) subject of the given book?
The reversionary right is "«philosophy" of forming of the legislative
statutory acts ensuring the natural death of the person on return, on adequate
(full and well-timed) indemnification(compensation) of damage from any
supplied to him by other of forfeitings and sufferings, any negative trials;
and on the contrary: the right on indemnification(compensation) of his(its)
own gains directed on the positive contributions "to «other", i.e. in public
развитие.- That and other, certainly, is proportional to outcomes (instead
of costs!).
As well as any thing, any steady (self-played back in time) product
of the nature or product, claiming for stability,(immunity,) of human mind(wit),
Reversionary right (ВП) is a system, set(combination) « системообразующих
of tags », each of which is indispensable, and together they are sufficient
for effective fulfilment of a definite function, effective in comparison
with the already known prototypes - existing clones. And this performance
is determined from the point of view надсистемы, in this case - company.
The examples, which one will be given in following section, should show
public necessity of development and implementation of a legislative system,
founded on priority of the social responsibility - i.e. on principles of
the reversionary Right, with gradual substitution of the legislation for
activity it(him) instead of or while together with existing.
The problems which have demanded such substitution, - not only one our
western, Иудее-christian civilization. Further we shall show, that this
trouble from us and much other, number(series), side by side with us to
existing earth civilizations. Shattering biosphere of the Earth, diffusing
corrupting the person psychology, we damage to social and ecological
all mankind. And it revenges us by all ways, accessible to him, terror
including … … …
All indispensable evidences of performance and, therefore, of potential
stability(immunity) of this system after е ё of implementation (if she
will happen), we shall put(cause) in the applicable sections of the book,
and here for the best mutual understanding of the writer and reader, and
also for the subsequent maximum full comprehension by the reader of a subject
of our reasonings, at once we shall put(cause) a list системообразующих
of tags by this of enough new system. … … … … …
2. MAIN(BASIC) СИСТЕМООБРАЗУЮЩИЕ TAGS of the reversionary RIGHT:
1. Priority, and for overwhelming majority of cases - in general alone
yardstick at the solution on culpability and about an extent of culpability
a parameter(index) of the marked damage to other person, company with simultaneous
by waiving of any link on necessity of definition so-called of legal responsibility
as a fundamentals of proceedings.
2. Assertion to the infringer (infringers) of the responsibility of
indemnification(compensation) in the material form(shape) of all marked
damage, not envisioning deprivation of liberty as universal method of punishment
(except for the persons who have really shown the social danger). Indemnifications(compensation)
can be from itself from the colleagues or cognates. Or by the way of improvement
on high-gravity - but not humiliating! - activities.
Thus about any to cancellation or about drop of a level of investigatory
activities can not be and speech.
Complementary system principles indispensable for practical implementation
of a system of the reversionary Right:
3. The writ in the degree of jurisdiction can be sent by any person
at submission(representation) of the objective items of information; the
claim can be collective for two and more damaged - отграничение will be
made during investigatory and expert activities.
4. The realization of investigatory activities on the fact of damaging,
definition of objects and subjects of deposition, and also realization
of expertise with a rating of value of the actually marked damage or damage
of potential (risk) can be entrusted to the convener (accredited) on that
entitiess (legal person) by court or any of the sides. The realization
of the investigatory and expert sides can be accepted by such organization
under the own initiative, it is necessary - with engaging for a rating
of methods and facilitiess of sociology and социометрии among the applicable
quota of the persons in respective conditions.
5. The solution on sufficiency of the items of information for commencing
a suit and for his(its) completion receives court (full court); he is obliged
to select this or that version of the concluding by results of a consequent
and expertise. Or to offer.
6. All persons participating in opening-up and decision marking on particular
business, bear a parity liability for damage from any solution, including
for the subsequent damage of one of the sides because of delayed stimulation
and completion of business, overestimate or underestimation of sums of
compensation outside the established permissible boundaries etc. the Solution
on it receives the court of appellate jurisdiction.
7. A special explanation requires(demands) item 3 of this list. The
necessity it(him) can be explained by a psychophysiological feature damaged,
their lack of information or fears for the life, and also features of the
affecting factors (for example, their latent or latent nature of effect
- radio waves, irradiation, ultrasound...).
Social factors which are taken into account at a rating of damage
Rise of threat to life, health, property and personal contributions
of the population,
Loss of the family provider, other negative factors, foreseen Civil
code of Russian Federation,
Material, psychological, временны'е and diverse overloads of the person
separate groups of the population and company as a whole;
Impurity harmful техногенными by chemical agents and biological objects
of air, potable water opened basins and soil;
Effect of the physical factors: radio waves, radioactive contamination,
noise, dust etc.;
Forward(straight) contamination by parasites, including Through the
domestic animals;
Sanitary - epidemiological impurity and деэстетизация of territory;
Negative, effect on physical and mental condition of the person over
the established official and public norms(standards) — of a social background
registered subjectively, through all sense organs of the person, including
acoustical, visual, olfactory, gustatory and other, and objectively, by
the way beefing-up available or occurrence(appearance) of the new expressed
signs of diseases (defeats), delay of treatment, aggravation of illness,
negative variation of the main(basic) biochemical and physiological parameters(indexes)
etc., including because of an ineffective and incorrect direction of treatment,
non-presentation by treating entities of the information indispensable
ill or his(its) cognates, other treating entities;
Rise of social tension (for example, because of переуплотненности and
multinationality of settlement, heightened криминогенности of conditions(situation),
dangerous behavior of the domestic animals, drivers of a motor-vehicle
transport, off-standard activity of power systems, orb of servicing, state
of a municipal infrastructure etc.);
Negative informational - psychological effects, including through printing,
body and radio program, as a whole from aesthetic, spiritual impurity of
the information environment;
Misinformation, allocation distorted and false of the information;
Education of youth and as a whole companies in antisocial spirit,
Distribution(propagation) of antisocial philosophy, which one in the
long term can plot to company material, economical, social, moral and diverse
damage, social instability, tension and social failures(stalls);
Conservation общественно harmful or общественно of useless productions,
any activity, or artificial termination of activity общественно useful;
Fraud of the buyer and seller, including declination to self-deception
from undeserved rise of prestige (image) of the producer;
Developments of an obvious or latent corporate egocentricity by the
way of unjustifiable complicating of items, conditions of allocation of
services, departmental rules and operating instructions; общественно not
conditioned, opened or implicit arrangement of the producers etc.;
Delay of patenting and promulgation (publication) of socially significant
achievements;
Violation(disturbance) of the copyrights, неуказание of a name of the
writers of achievements or holders(owners) of intellectual property,
— And also any other factors negatively affecting health, psychological
and physical condition of the person calling(causing):
Ungrounded drop of a material well-being, spare time, impairment of
a psychological state of the people, оглупление, forfeiting of the people
of the right to decide the destiny in a measure of the capacities and,
on the contrary, own licentiousness of the people,
Peaking of feeling of aimlessness of existence, ненужности for family
or company,
Infringement of feeling of own advantage,
Spiritual, mental and psychophysiological degradation of the person,
Spiritual and spiritual spiritual bankruptcy, including from breaking
down of national culture, from forfeiting a faith in the future, in characters,
in the resisted inclinings without adequate substitution and (or) psychological
indemnification(compensation).
3. REVERSIONARY RIGHT In a LIGHT HISTORICAL РЕТРОСПЕКТИВЫ
This section was prepared by results of analytical materials setting
up fundamentalses of the right of foreign countries, since ancient epoch
and epoch of antique Rome, in particular(personally) - so-called "«Roman
Law". Among these materials the activities of the professor of the Moscow
university Ивана Борисовича Новицкого, deceased in 1958 are specially selected(allocated):
the Roman Law, - M.: association « Humanitarian knowledge », ТЕИС, 1995.
The links to pages of this issuing will be given in the text of the unit
in brackets. The remaining quoted activities will be indicated complementary.
The section is placed in the extremity "of a «exploratory" part of the
book not incidentally. At first, he is prepared practically after conceptual
opening-up of the bases(fundamentals) of the reversionary Right; secondly,
he has allowed ourselves to lay the ground rules ВП, to evaluate them from
the point of view of historical ретроспективы and to manage to see by his(its)
and to show to the reader in matching with past expertise; thirdly, it
has allowed us to consider capability to do(make) any variations of legal
system, having convinced and convincing, that she - not by the God given
in a ready kind(view), she a discovery vein, developed in accordance with
progressing company, complicating of life and social production.
As it is possible to note from the text of the previous sections of
the book, main(basic) alternative of the reversionary Right, is more exact
- his(its) baseline level, the point of reference by us mentions the Roman
Law more often. Between that, it has absorbed in itself huge number of
rules(situations,positions) ещ ё more ancient legal system (brief links
on them will be given below), main of which one the codification of normative
rules(situations,positions) - customs, then "«installations" of the bodies
of legislation Цезаря, Senate is. The Roman Law as the accumulator of former
legal expertise and later operating time(running times), and best studied,
also is received by us therefore as a fundamentals for matching. Especially
if to mean huge, if not crucial importance of his(its) original positions
on all without exception of branch of the modern right of the Евро-American
culture. As is known, the Roman Law (РП) is a right proprietary, civil.
It actuates a lot of aspects, the part which one does not encompass the
reversionary Right, keeping them as though in an invariance: it both concepts
of the rules of law, and acts of the judicial authority, both concept about
the subjects and objects of legal relations, and concept of blanks of the
legislation... But ВП introduces a lot of new.
1. the reversionary right actually upgrades, attempts to
tender correcting variations not only in the civil (proprietary) right,
but also in criminal, and in administrative law. But only in one, though
also major section, which one concerns "«responsibilitiess". By words И.Б.
Новицкого, « the responsibilitiess concern: the rights of one side to require(demand)
and responsibility of other side to execute the requirements » (116).
so-called « the responsibilitiess from the torts » concern in
РП "of «proprietary" offences, violation of rights and concerns of the
proprietary citizens, instead of rights and concerns of the state as a
whole - felonies. The solution concerning the person making the tort, here
idle time: to pay lossed (instead of state!) fine or "«at least" to pay
damages. Thus such entered(included) also in a circle of proprietary offences
gross, but as a matter of fact personal crimes, as mutilation,
theft... On vague to us to reasons they now concern to criminal (217).
- In communal, all this speaks, as far as the boundary between lists those
and other - and is blurred, зыбка between that judged on the completely
miscellaneous laws. On our view, all business here only in gravity of the
marked harm. (And social perils of the criminal, if he it does(makes) repeatedly
- but ВП this circle of persons does not encompass). The remaining dividing
"of «rights" on a part is inexpedient and in due course it will be for
certain removed.
the old aiming of the legislators to most communal, недробленым
to the solutions Is characteristic. Обший the tort of damage of another's
things has appeared not at once, but only from issuing of the law Аквилия
(approximately in III in. Up to AD); it(him) применители have
enveloped not only cases of solid effect, but also nonphysical, and indispensable
conditions of usage of this law there was a hurting and requirement of
subjective fault (221), that is the relationship of cause and effect between
the subject of the tort and marked damage is established.
2. major dividing of the responsibilitiess - on the basis
of their originating: they can be from the agreements or from offences
(118). ВП, as it was possible to see, actuates both these of a kind(view)
of the responsibilitiess. Though the non-contractual responsibilitiess
happening from the tort are least recognized in general and in frameworks
ВП - in particular(personally) - which one by us is understood as an offence
in a broad sense, that is as the violation(disturbance) not only rule of
laws, certain "«installation", but also as the human right on safety and
progressing, at least at a level is (not (lower) than public practice in
the given time in the given place, and without dependence from, whether
this level officially is established. For example, nominally there is a
noise level +50дб, somebody has raised noise +60 дб, if these +10 negatively
acts per capita, on the people is negative, this somebody is obliged to
pay plotted damage - even if the standard in 70дб is established.
3. Originally responsibilitiess the Roman lawyers introduced in frameworks
of strictly personal attitudes(relations), and the interference in them
of the third person was not enabled, if it had no any of money concern.
However with progressing of economic life the representation
(141) was allowed, though and in limited limits. - ВП guesses broad usage
of institute of the third persons, even if lossed, lossed for whatever
reasons do not give the claims - for example, at effect of not felt radio
emissions, if there is definite fears damaged for the life because of revenge
guilty (convicted) etc. Today also excite business "the «third" person
- for example, prosecutor's office can.
4. The Roman Law enables a capability of presence of the several creditors
is « the active side » and several obligors is « the passive
side » (145). ВП considers(counts) it of itself азумеющимся, for the occurrence(appearance)
of the torts organized by a number(series) of the persons and affecting
a number(series) of other persons, company is quite possible. But in РП
the system of the fines was advanced, and the creditor could receive the
sum some times, on number guilty (146), we consider(count), what is it
expedient alone solution too is unfair - but in relation to the infringers:
to require(demand) indemnification(compensation) of the marked damage on
« to fractions of involvement » guilty. It is no more and not less.
5. РП enters concept of a delay of payment of the debt. Already then
was established, that for a delay the percents (150) - though disclaimers
should be collected thus more, than rules. ВП directly establishes(sets)
growth(increase) "of «debt" proportionally среднебанковскому to the credit.
6. Originally all responsibilities were directed only on the person
guilty, obligors: an imprisonment, deprivation of life; subsequently ещ
ё by the law Петелия in IV in. Up to the AD responsibility was transferred
on property guilty.
thus there was a lot of disclaimers, утяжеляющих or facilitating
fault (deposition of a harm deliberate, from imprudence, negligence...),
and that is interesting: the gross negligence is equated to wilfulness.
- ВП here costs(stands) on the side lossed: the damage to him should be
reimbursed completely. But a case, natural invincible force certainly should
reduce(descend) a fraction of fault, if she equally affects,say, the stolen
thing before rip-off. You see the case is possible(probable), when if not
would be of rip-off, the thing would not perish.
7. About moral and diverse exemplary damages. In one section of the
book the Writer writes: « the Problem on, whether was reimbursed on РП
of a harm of non-property nature, remains disputable » (153). In the other
section it is underlined that in a remote antiquity the major sanction
« for a harm and insult » on the part of lossed and it(him) сородичей was
revenge. After inhibit of revenge was established, that an alone consequence
was the fine and reward lossed (217). And ещ ё of time: « the Personal
insults are punished by the fine for the benefit of the claimant ». I.e.
the concept of the tort encompassed any offensive, neglectful attitude(relation)
to the another's person - though thus was allowed, whether the insult designedly
whether or not (219) was marked.
the implementators ВП consider(count) necessity of indemnification
of the moral damage uniquely mandatory.
8. Concept of a harm the Roman lawyers composed from positive losses
(forfeiting that already was) and missed profit. The size of indemnification
of a harm was sometimes determined on a market value, but more often the
cost of a thing was allowed under particular circumstances (154) and only
as consequences nearest (instead of long-distance, indirect). ВП this problem
while keeps opened.
9. In epoch of domination РП the claims lossed to the infringer (obligor)
in case of his(its) mors automatically were shifted, it «were "afforded"("«granted")
to the successors, if in their property something acted(went) obtained
as a result of the tort. ВП here again costs(stands) on the side of a victim
and considers(counts), that the successors or are forward(straight) подельники
of the criminal or his(its) cognates should bear the definite responsibility
for the torts of the criminal died or who has run away from under the responsibility.
Except for run away abroad - country, in this case accepting them, is obliged
either to give the criminals, or to pay for them all damage.
10. About necessity stringent персонификации of the tort.
We read И.Б. Новицкого (page 222): « If from a window of a building something
вылито or is thrown out on a public fare, everyone, who will suffer from
it any damage, has gained on преторскому эдикту the claim against the host,
even if that personally and was not guilty. Thus and for causing of mors
the fine (in the sum 50 thousand сестерциев) » was established.
That is already then was stipulated необязательность stringent персонификации
of the subject of deposition of a harm. ВП it considers(counts) too permissible:
if from a tube of firm валит the harmful smoke, for him(it) responds «
the director of a tube », instead of particular working, incorrectly putting
screen.
11. Was then the potential of deposition of a harm, that
is his(its) threat is stipulated also: if on a window sill of a building
something is necessary or is hanged so, that threatens with dip or hurting,
any citizen, not expecting the fact of hurting, could make a claim against
the host of a house or flat with exaction of a penalty in 10 thousand сестерциев.
As our analogy to radioirradiation here close, though and not on 100
percents is possible to see,: the thing only can fall, and the radio waves
already act, but are not felt. But there and there all becomes isolated
on damage - potential and actual. He also is for ВП linear argument of
a function of the responsibility.
So, re-reading pages of activities dedicated features РП, it is possible
to learn(find out) some полузабытые pieces retrieved in ВП at a new level
of today.
Historical help
It is formally possible to consider(count) definitive forming of the
Roman Law, since compiling the unified legal system at Юстиниане (middle
VI in. AD). Ф. Энгель wrote, that « the Roman Law is so classic legal expression
of biotic conditions and conflictings of company, in which one the private
property dominates, that all позднейшие of the legislation could not introduce
to him(it) of any substantial improvements ». И.Б. Новицкий has marked,
that « having entered through the reception in practice of the medieval
states, the Roman Law has impregnated by itself then and subsequent codifications
of the civil right... The juices of the Roman Law impregnate the theory
of the civil right (12).
But the Roman Law had rich centuries-old previous history. The Roman
historian Тит of Libya has called as a source all public and private law
the laws XII of the tables (V in. Up to AD), which one represented predominantly
codification of customs (16). Customs, instead of писанных of the laws.
In due course "«common law" keeps out of the way to the law and other
forms(shapes) правообразования.
During principate (maiden three centuries AD) the laws were reshaped
by an imperial authority, though she, this authority, and was covered with
the republican forms(shapes) and the laws were conducted through a senate.
Step-by-step developed правотворческая activity of judicial magistrates,
they spacefilled(stuffed) in blanks цивильного of the right. The quoters
of ruling class were interested in conservation of primordial authority
of the lawyers, as those in most cases conducted their policy. Most produced
from them the right was given to give official consultings. But since IV
in. The known downgrade of activity of the lawyers and drop е ё of creative
nature took place. The lawyers will use any more as the creators is right,
and on the positions of the imperial officers.
In II in. AD emperor Адриан has assigned to the lawyer Юлиана codification
of the separate orders. In the maiden half V в.н.э. The maiden official
codification was carried out: the emperor Феодосий II has issued the Code
in 16 books. But only in one century Юстинианом the full generalizing code
was prepared.
Кодификационная the activity at Юстиниане was poured out in issuing
per 533 years of the accumulator cell from 50 books (about 120 печ. Sheets),
which one has received a binding force. The elementary tutorial from 4
books which have obtained too a force of law was simultaneously published.
All these activities is rather quick(rapid) on those times (after some
centuries) were distributed on Europe.
Basically, occurrence(appearance) judicial and bodies of
legislation has helped римлянам to be saved from беспредела at a selfdefence.
But the centuries-old practice has shown, that the judiciary practice of
those years result ined to huge complicatings, and only two laws of August
established rules of simplifications of the judicial procedure, among which
one one of major was a capability of the confession of an action which
has been not necessarily set up in exact words of the law. It recognized
a capability to concede new attitudes(relations) of developing life. It
also allowed to keep occasionally without protection of attitudes(relations)
formally answering a law in force, but essentially(in essence), отмирающие
together with this law (37).
We today too should recognize, that old, Roman Law. As it was possible
to see, - a not so unified monolith, not steady, tested on necessity, sufficiency
and performance a system, and simply sum, set in miscellaneous epoch and
miscellaneous governors of gated in receptions(tricks) and installations,
but major - strictly codified and founded on божественности « of radical
upgrading установителей ». The new public attitudes(relations) require(demand)
it(him), and in the essentials - full substitution, and the reversionary
Right from all to us of known versions to the greatest degree meets the
requirements international unification of earth civilizations
and cultures, for is based on the most natural reactings all living and
even lifeless on any effects, which one and is, as a matter of fact, any
tort, any illegal (in social sense of this word) particular act. It, probably,
also will be by the most effective resource of regulation of the responsibility
in conditions of the level, which has sharply increased for last century,
of a self-consciousness all or at all events of majority землян.
4. TABLE of MILESTONES of CHANGES of aircraft
ATTITUDE of the RIGHT In RUSSIA
( On activity « a History of the state and right »
- M.: юрайт-m, 2001)
1. Террит-
ория and period |
А. Ancient
Русь,
Up to full
христианизации
IX-XII вв. |
Б. Gold Орда,
Including Moscow, Kiev …, ХIII in. |
В. Novgorod
ская and
The Pskov republic,
ХV in. |
Г. Russian
The state
XIV-XVI вв |
Д. Русь,
сословно-
Representative monarchy,
XVI - XVII вв. |
Е. Russia,
Absolute
Monarchy,
The extremity XVII -
Beginning XVIII вв. |
2. Main(basic)
Source
The rights |
« Russian Truth »:
( Most ancient truth - 1015
( Ярослав Wise), Truth Ярославичей - 1072
( Sons Ярослава), Charter Мономаха - 1120 … 1130)
( Владимир Monomials) |
Great Rotary jar Чингисхана - 1206, norm(standard) of
the sharia, "«command" domestic управителям, « a Secret legend » ~1240 |
The Pskov letter 1467г.; the Novgorod letter - 1471 |
The litigants 1497
( Иван III) and
1550 (Иван IV)
Years;
великокняжеские the statutory acts |
Соборное уложение*
- 1649г. (Алексей Михайлович). |
Соборное an establishment -1649г. - after partial systematization
and codification of the branch norms(standards): новоторговый
the charter (1667), новоуказанные of the article about разбойных, татебных
businesses and assassinations (1669) etc. (Алексей Михайлович), ПетрI |
3. Volume
Concepts of a crime; objects of a crime |
"«Insult", i.e. causing moral either material damage
to the definite person or group of the persons; objects the person and
property |
|
The caused damage to the private persons and state |
Caused
Material
And moral
Damage proprietary
To the persons and
To the state. |
Violation(disturbance)
Imperial will
Or law.
Objects of a crime:
Church,
The state,
Family, person,
Property and
Morals. |
Общественно
The dangerous particular acts which have caused of a
harm to the state. |
| 4. Kinds(views) of crimes |
|
Especially - military crimes |
Treason to the state; the offence
The judicial official, « a secret promise to the judge
», robbery, robbery,
Theft, arson; assassination, battery, deposition of assault |
Treason to prince, plot, mutinity, call-up
To revolt; a bribe, graft,
Violation(disturbance)
The established order of legal proceedings …, assassination,
battery and word; a robbery, robbery, theft, kidnapping |
Against a faith,
The states, about control, against благочиния,
The persons and
Morals; property |
Чародейство, идолопоклонни-
чество, blasphemy, non-observance of church rites …,
wilfulness to kill and offence of king, bundle, treason …; bribery, graft,
non-payments of taxes …; evading from military service, treason, counterfeit
of printings, forgery, false oath …; a contents of dens, распевание of
obscene songs; utterance of obscene speeches …; assassination, duel, assault,
defamation, offence by a word …; theft, robbery, arson, fraud, damage of
another's property …; rape, мужеложство, bestiality, блуд, incest, bigamy,
adultery, occupation by prostitution. |
5. Предусма-
триваемое punishment |
The capital punishment is not mentioned (de facto was);
For assassination - money
Penalty (person with the privileges dual(twin))
-
In княжескую treasury
As much for the benefit of family killed;
For caused to the person
Damage - money
Indemnification for the benefit of lossed; for remaining
crimes - fine depending on a gravity of the offence (in treasury) |
The capital punishment and членовреди- is mentioned
тельство |
For dangerous crimes - capital punishment; the fine depending
on a gravity of the offence |
Capital punishment,
битье кнутом
« On tender », члено-
вредительные
And corporal punishments; complementary
The fines in relation
From gravity of an act |
Capital punishment,
Corporal punishments,
Imprisonment,
The link, confiscation of property,
Discharge from
The positions, fines.
The purposes: intimidation,
Retribution and isolation(insulation) of the criminal
From company |
Capital punishment, corporal punishments, imprisonment,
link, confiscation of property, decapitating, fines + hard labour, forfeiting
of honour and advantage, fine by the way of deductions from the salary;
a church repentance. Punishment already for wilfulness. The purposes: intimidation;
retribution, isolation(insulation) and exploitation of the criminals. |
6. Учиты-
ваемые objective
And subjective features |
Wilfulness and imprudence |
|
Concerns of the women, monks, old men and children |
The gravity of punishment was put depending on a social
fitting; are designed
« The forms(shape) of fault » |
Extents of fault:
Deliberate, careless,
Random;
Mitigating
Circumstances:
Drunkenness, affect; burdening:
повторность,
Set(combination)
Several, « sizes of a harm » (?); special
The status of the object and
Subject of a crime. |
Deliberate, careless, random; the extenuations: an affect,
mental illness, infancy, auxiliary eagerness, ignorance and limitation;
aggravating: drunkenness etc. |
| 7. Subjects of crimes |
All persons, excluding холопов (for them responded the
hosts) |
|
All persons, irrespective of a genesis |
|
The persons, group of the persons |
|
| 8. Complicity and responsibility |
All participants without division(separation)
On roles and responsibility |
|
All participants with identical ответствен-
ностью |
|
In group - person
Major and
Minor (accessories) |
The accessories were penalized equally |
9. Basis
For
Considerations
Businesses |
|
|
|
From the private persons -
Bringing a case before the court of the claim
And repayment of the judicial stamp duty;
The initiative from state
Body(organ) and official |
Челобитная the petition from the interested person. |
|
10 Fulfilments judicial
Functions |
Government bodies; church |
|
Judicial делопроиз-
водство order дьяки |
|
Court |
Court |
11. Form(shape)
Judicial
The process |
|
Contention; the testimonies, swearing, torture were applied |
|
Accusatory
Contention and search.
Pleadings
Was not carried on |
Accusatory
Contention and
Detective processes. Pleadings oral. After the third
absence not being automatically lost the process |
|
4. TABLE of MILESTONES of CHANGES of aircraft
ATTITUDE of the RIGHT In RUSSIA
( On activity « a History of the state and right »
- M.: юрайт-m, 2001) prolongation
1. Террит-
ория and period |
Ж. Russian Empire, XIX in. |
З. Russian Empire, extremity XIX - beginning XX вв. |
И. Russia after February revolution 1917г. |
К. Russia, transition to НЭПу, 20 гг. And further |
Л. After decay(disintegration) USSR, year 1993 and
further |
М. Russia, ХХ1 century (and behind her other countries)
- transition to the reversionary Right (forecast) |
2. Main(basic)
Source
The rights |
The corpus of the laws of the Russian empire, 1832; the
criminal code 1845 (224 articles) - Nickolai I |
"«Penal codes", 1857, 1866, 1885; the criminal code (Александр
II), 1903 (687 articles), after 1905 - laws directing
and supplementary, communal, domestic, especial - on definite businesses
special - to especial group of the persons (Nickolai II) |
Managing beginnings on criminal law of RSFSR, 1919 («
on principles of expediency ») |
УК RSFSR, 1922 -
227 articles |
ГК Russian Federation - 1994, УК Russian Federation -
1996, УПК RSFSR - 1960, УИК Russian Federation - 1996, КОАП - 1984 |
The decree of the President
2002г with
By the methodical appendices, Federal act 2003г. |
3. Volume
Concepts of a crime; objects of a crime |
Illegal particular act and violation directed |
Illegal particular act and violation directed (without
variations?) |
« Violation(disturbance) of public attitudes(relations)
guarded by criminal law » |
Everyone общественно dangerous particular act
or sleeping,
Threatening to the bases(fundamentals) of the Soviet
formation and established law order (for administrative violations - refinement) |
Общественно dangerous particular act prohibited
by the present code under threat of punishment. Is not a crime the operating
(sleeping), though is formal and containing tags any of particular act,
but by virtue of малозначительности not presenting the social dangers …
(УК, the item 14) Administrative violation (misconduct) is recognized encroaching
on state or social order, …, right and freedom of the citizens, on established
the order of control illegal, guilty (deliberate or careless) operating
or sleeping, for which one the legislation stipulates the administrative
responsibility |
Causing or threat of causing of any damage to the person,
group of the persons and company as a whole |
| 4. Kinds(views) of crimes |
Against a faith, state, about control, благочиния, life,
freedom and honour of the persons; official |
The division(separation) into grave crime, is simple
crimes and misconducts. |
|
state,
Against the order of control, economic, property,
Military etc.;
Since 1980 - administrative violations
( Including minor hooliganism,
Gamble etc.) |
Against the person (УК, section
7), against the social security and social order (УК, section 9), against
a state authority (УК, section 10), against the military service (УК, section
11), against a pattern and safety of the person (УК, section 12), in an
orb of economy (УК, section 8) |
In codification there is no necessity |
5. Предусма-
триваемое punishment |
the deprivation, state, penal servitude, capital
punishment, settlement in Siberia and on Caucasus, imprisonment, stability,
« работный the house », reprimand, fines, suggestion |
Were partitioned on criminal and corrective, on gravity:
a capital punishment, forfeiting of all rights and advantages, penal servitude,
banishment for free settlement in Siberia or on Caucasus, concluding in
a stability, prison, house of corrections; arrest or fine; a compulsory
treatment, trusteeship. With 1910г. The custody pending trial began to
be actuated in time concludings. |
Suggestion, publuc censure, forced learning of a course
политграмоты, boycott, exception of collective, remedial, decapitating,
confiscation of property, forfeiting of political rights, declaration «
by an enemy of the people », forced hard labour, deprivation of liberty,
outlawry, shooting |
Publuc censure,
Ejecting for limits of RSFSR, deprivation of liberty,
Forced hard labour,
Probation,
Expropriating, fine etc. Sole penalty -
Shooting
( With 1947 on 1950 - cancellation).
At 30-40 гг. A hardening capital punishments;
After 1941 the right to attract of the citizens in the
labour duty,
Since 1943 - capital punishment through hanging,
Hard labour up to
15-20 years. |
The fine, mandatory and correctional labor, debaring
to take the definite positions, limitation on the military service, confiscation
of property, forfeiting special, military or title of honour, class grade
and state awards, limitation on the military service, limitation or deprivation
of liberty (on definite term or пожизненно), arrest, capital punishment
(УК, item 44) |
Indemnification in the material form(shape) of all damage,
all of his(its) kinds(views) (physical, material, economical, social, ecological,
moral …); for the persons общественно dangerous - with deprivation of liberty |
6. Учиты-
ваемые objective
And subjective features |
Removing the criminal liability: contingency,
infancy, folly, unconsciousness, error, enforcement, force majeure indispensable
self-defense |
The basis eliminating punishment under criminal law:
undertaking of particular act in the performance of the law or order, with
дозволения of an authority, executing the professional responsibilities,
in a state of extremity or self-defense; was allowed: inadvertently or
on imprudence |
Are allowed a social status of the criminal, political
or personal nature of motives, extent of realization of the particular
act, professionalism, availability of violence, nature of the object of
a crime |
The perils of the criminal and crime was
allowed an extent both nature; |
The justifiable defence (УК, item 37), hurting at detention
of the person making a crime (УК, item 38), extremity (УК, item 39), reasonable
risk (УК, item 41), fulfilment of the order or disposal(order) (УК, item
42), physical or mental enforcement (УК, item 40) |
Involvement objectively of force majeure and self-defense |
| 7. Subjects of crimes |
|
The persons who have reached(achieved) 10-year's age |
The persons with 14-ти of years |
The citizens of RSFSR and foreigners; on administrative
violations -
Since 16 years |
All sane natural persons who have reached(achieved) age,
established by the present Code (УК, item 19) |
All natural and legal persons and states which have plotted
damage to other persons, entities and as a whole to country |
| 8. Complicity and responsibility |
Were divided into the instigators, accomplices,
подговорщиков, prompters, accomplices, попустителей and accessories after
the fact |
Ю Approximately as; Since 1903
refinement: the persons operational certainly together or who have agreed
on particular act. |
|
|
Deliberate joint involvement of two or more persons (УК,
item 32) as the Accessories alongside with the initiator are recognized
the organizer, accomplice and prompter (УК, item 33). The responsibility
is determined by nature and extent of actual involvement each (УК, item
34) |
All actual participants, including an intention, opening-up
and implementation - depending on « fractions of involvement » |
9. Basis
For
Considerations
Businesses |
|
The petitions of the private persons, message of police
etc. гос of bodies(organs), giving up, discretion of the inspector or public
prosecutor |
|
|
The applications and letter of the citizens,
message of public organizations, message of firms, entities and officials,
article, note and letters published in printing, giving up, direct acquisition
by agency in charge of preliminary investigation … of tags of a crime (УПК
an ITEM 108) |
The applications in one of bodies(organs) of the law
order from lossed (lossed) or "«third" persons |
10 Fulfilments judicial
Functions |
Police, court; the abbreviated structure of the police
officers |
The organs of inquiry, земские courts, inspectors and
district police administration; надзорные of a function: the public prosecutors,
appellate courts and губернские of control; courts: world and communal.
Within the Maiden world war - major militarian and военно-circumferential
courts. |
Communal ревтрибуналы are undone, the militarians are
saved |
Courts; after 1941 military tribunals; with 1955г.
The activity of prosecutor's office is retrieved;
( For well-timed
Applyings of measures on canceling any violations(disturbance)
of the laws);
In 1962г. the system of партийно-state check is created;
the arbitration courts, with 1991г. have become stronger; the
arbitration logins the courts of justice and
Esteems spores between any subjects |
|
All existing + bodies(organs) of civil expertise accredited
on the right of activity in a System of social safety. |
11. Form(shape)
Judicial
The process |
Инквизиционный nature; the witnesses and experts were
not called(caused); were used: extra-judicial confession accused, оговор
of the by-standers, indication(reading) of one witness, search, evidence. |
The charge was bolstered by(with) the public prosecutor,
protection executed itself accused or advocate; the problem on a capital
punishment was decided "«коронным" by court. Reconciling the sides was
enabled |
|
openness,
публичность
Sittings, устность of legal proceedings |
|
All existing functions without confrontation to rule
of laws, but with accent on clearing up of all kinds(views) of the marked
damage, including indirect (potential and overlooked effect etc.) and fraction
of involvement наносителей of damage |
The material is prepared jointly
with the member of Committee on safety ГД ФС Russian Federation
В.И. Илюхиным
5. REVERSIONARY RIGHT And PROSECUTOR'S OFFICE:
DIALECTIC INTERPENETRATION of the PURPOSES And PROBLEMS
As is known, the national legal system - rather complex(difficult) gear,
normal operation which one was piled step-by-step, many decades.
With this judgement С.И. Герасимова, director of the research institute
of problems of a consolidation of legality and law order at Gen prosecutor's
office of Russian Federation it is impossible to disagree .
The leap by one or several parts in this gear can call an imbalance
of all law-enforcement system. Especially if the speech goes not about
substitution of the separate norms(standards), and about shift of the whole
concept as it is offered in this case. Therefore even if it is shift will
be is demonstrated is justified by public concerns, it is necessary to
manage in time to define(determine) optimal transformation of those or
diverse functions of each subsystem. Prosecutor's offices including.
It especially is difficult now, at a stage устремлений "of the «liberal"
forces to shear off е ё of a function.
Between that, it is possible to show, what even at full transition at
a Reflexive system all trial functions of prosecutor's office can and should
remain at minor transformation of problems.
Should be resized and some attributes of prosecutor's office.
In particular(personally), the corner-stone concept "of «lawfulness",
one of the relevant social values, now is expedient to define(determine)
not as « correspondence to rule of laws of operatings and solutions of
the participants of offences » and as other rather close to this of definition
, and a level is higher, that is on a level of public concerns as a state
of legal relations, at which one the public losses from antisocial activity
are minimized. This verbiage ещ ё should pass biassed discussion in the
scientific and public environment, but the essence е ё, on our view, should
be approximately such.
Thus, problem of prosecutor's office as main(basic) state body(organ)
on overseeing by lawfulness during all process правоохраны - from preventive
maintenance, commencing a suit on any fact, the catchings of the criminal
and completing adjudging of court (that is actually - sentence of company),
and his(its) fulfilment - during all this process all надзорные of operating
of prosecutor's office should be directed on drop of losses of company,
including victim and accused, and losses any - economical. Material, social,
moral...
It is impossible to disagree with the writers of the book « Procurator's
supervision behind fulfilment of the laws at factfinding crimes », that
the implementation of legal behavior « is authorized everything, that is
not forbidden by the law » has plotted huge damage of lawfulness
- and if to see, in both е ё definitions! Let's remark by the way concurrence(coincidence)
of our definition with the reduced writers there requirements "of «expediency"
of lawfulness, from a stand which one it is necessary, in opinion of quoted
by them А.Д. Бойкова to value any legal act already on the moment of his(its)
creation - and the more so his(its) applying and supervision on all these
phases.
It is considered, that the main role of prosecutor's office is encompass
byed volume, that she establishes(sets) and arranges to canceling any violations(disturbance)
of the laws, from whom they would not outgo (bodies(organs) executive,
judicial and, to a certain extent, legislative power). Thus the prosecutor's
office promotes interplay of authorities, their matched operation as unified
state authority interested in an observance of the laws in the state. These
properties, as it is represented, allow to refer prosecutor's office to
a system « сдержек and counterweights ». Thus the specificity of prosecutor's
office consists, in the reasonable judgement В.Б. Ястребова, that « the
prosecutor's office is an alone state body(organ), for which one the supervision
of fulfilment of the laws compounds sense, essence and basis(fundamentals)
of activity ».
It is impossible to disagree, that the introducing new правозащитных
of entitiess, in particular(personally) of Parliamentary convener on human
rights, hardly probable can substitute prosecutor's office. Only prosecutor's
office with е ё by authority, level of comprehension of all set(combination)
of problems on supply « всесторонности, entirety and objectivity of factfinding
» will provide « a unbiased approach to a rating of the own evidences and
in decision making... »
In this respect transition will not change to the reversionary Right
essentially sense and volume of operatings of the public prosecutor. The
truth if to mean essential transformation of definitions "of «lawfulness"
tendered us, that is the absence of necessity of confrontation up to the
character of an investigated offence and rule of laws, this field(area)
of cares of prosecutor's office will essentially be narrowed down. Though
essentially will extend е ё правозащитные of a function,, today of little-known
broad public, - in particular(personally), most effective capability for
different legal and natural persons, citizens of the appeal in prosecutor's
office with the applications and petitions to other persons, including
state bodies(organs).
Is remarkable, that
« In Russian Federation in prosecutor's office for one year only through
link of communal supervision it is authorized approximately 300 thousand
petitions. Among them 70 thousand - on violations(disturbance) of a labour
legislation; 45 thousand - housing; 23 thousand - legislation on the minor;
6 thousand - on problems connected to a land reform (the data for 2000г.).
According to the concept adopted in socialist and постсоциалистических
the states, the prosecutor's office appears by the advocate of concerns
and rights of the citizens when it is not enough of authorities of other
bodies(organs), including controlling independently to retrieve the disturbed
rights or to address to court. The advantages of procurator's supervision
in this orb in comparison with the appeal in court are concluded and in
a capability of initiative detection and protest not only personal solutions,
but also statutory acts, the negative effect which one on the human right
is much wider. Is remarkable, that in Russia, for example, the number of
the appeals of the citizens behind protection in organs of the Prosecutor's
Office more than in 10 times exceeds number of the appeals in courts: the
gear of judicial protection and громоздок, and roads for the citizens ».
Contrary to расхожему to judgement, it is marked sufficient демократичность
of activity of the public prosecutors: « esteeming the petitions and applications,
the public prosecutor carries on personal reception(trick) of the citizens,
articulates damaged the order of protection of their rights and freedom;
he [] have the right to require(demand) of the chiefs and other officials
поднадзорных of bodies(organs) and entitiess of submission(representation)
of indispensable documents, materials and diverse items of information,
to call(cause) of the officials and citizens for explanations concerning
violation(disturbance) of the laws.
By results of consideration of the applications and petitions the public
prosecutor in the statutory order arranges on warning both suppression
of violations of rights and freedom of the person and citizen, recovery
of the disturbed rights, freedom and legitimate interests, indemnification
of the caused damage and impeachment of the guilty officials.
The Prosecutor General of Russian Federation has the right to access
in the Constitutional court of Russian Federation on violation(disturbance)
of constitutional laws and freedom of the citizens by the law applied or
subject to applying in particular business (item 6 of an item 35 of the
Law on prosecutor's office of Russian Federation) »
The transition will not change to the new, Reflexive concept essentially
major - social purposes and essence прокурорской правозащитной of a function,
but he notably will correct algorithm е ё of implementation: instead of
casuistic looking up on rule of laws of authorizing and prohibiting rules(situations,positions),
the definitions of visible and latent motives of deposition of a harm personal,
corporate, psychological and diverse - will be increased by(with) the responsibility
for installation (for check of installation) true circle guilty, their
roles in damaging and accordingly by fraction in his(its) indemnification(compensation),
and also check behind adequacy of installation by a consequent of a circle
of persons subjected negative effect.
In this aspect there is a sense to quote interesting rules(situations,positions)
from the book А.Б. Соловьева, М.Е. Токаревой and А.Г. Халиулина (the seconds
146-147) - here are saved the punctuation of the primary source: « On sense
of a contents of an item 136 УПК, the order about an admission of the person
lossed is endured at once as soon as to inspector it should be known about
causing by a crime moral, physical or property damage to any natural person.
The moment of an admission of the person lossed, as a rule, should coincide
with the moment of stimulation of criminal case, and only in case on this
moment it was not known, to whom exactly was caused of a harm by a crime,
order about an admission of the person lossed can be endured
later. The body(organ) of preliminary factfinding, making a decision about
an admission of the person lossed, is obliged:
1) To place(install) availability of a moral, physical or material harm;
2) To place(install) the causal connection between criminal action and
set in consequences by the way of caused harm;
3) To bear the order about an admission of the person lossed.
The order, in our judgement, should be born under the own initiative
of investigatory agency. As a surety of rights of the lossed item 136 УПК
envisions a capability of rendition of the order ground applications of
the person, to which one by a crime was caused of a harm. It is represented,
that despite of existence of such rule(situation,position) in УПК, public
prosecutor in case the investigatory agency has not born the order about
an admission of the person lossed, should give the indicating on immediate
rendition of such order. In judgement В.Н. Осипкина, with which one it
is possible to agree, the body(organ) of preliminary factfinding is obliged
to bear the order about an admission lossed and in case the person, to
which one the crime causes a moral, physical or material harm, objects
to it... » (is pointed out by us).
These operatings specially will be necessary to prosecutor's office
for factfinding a lot of crimes, which one now difficultly yield to standard,
"«codified" legislation: spread of drug addiction, brigandage, children's
prostitution, corruption of human psychology by mass media, ecology etc.
Together with transition to the reversionary Right, which one envisions
a simple enough and adequate procedure of definition of damage, in particular
social and moral, it can give in arms of justice the fine tool of depressing
of antisocial phenomena, and even in conditions liberal, всепрощающего
of a formation.
However ecological and many other set forth above problems soon become
and already become as most urgent not only for public organizations, peoples,
but also for their governments, and it is possible to be sure, that in
the most near future all национально-selfish problems today precluding
the solution of urgent questions at a world-wide level (for example, signing
Киотского of the minutes on limitation of ventings СО2) nevertheless will
be overcome. Internal prosecutor's offices of miscellaneous countries and,
it is possible to hope, organization, tendered us, - International prosecutor's
office will manage to help in overcoming these selfish tendencies most
effectively.
With the introducing of the reversionary Right, in an orb of supervision
of prosecutor's Office together with Antimonopoly Committee the activity
will enter also, which one can not master any правозащитная organization,
- corporate egocentricity (factory, scientific, departmental...), other
refined forms(shapes) of deposition of a public harm. It is possible to
rank as them such, as the introducing in vehicles and instruments of units
with an artificially heightened physical aging (for acceleration of a turn-over
of commodity), issuing переусложненных of the method of applications for
collimating by him(it) (to themselves) of greater "«relevance", failure(refusal)
of the ministries and offices in an admission of «another's' systems, if
they are competitive "«@", hiding of own spares at budget time financing
etc.
Essentially will change and reporting, monitored by prosecutor's office,
of law-enforcement bodies. Not number of the detected offences, and their
general damage - in percentage of communal damage marked to company becomes
main. It will cover ineffective practice of a discharging of percents of
deployment of crimes at the expense of small and smallest misconducts.
The impurity общепланетарных of the environments is recently exhibited
special, global, апокалиптическое value of ecological problems -: grounds,
water, air and accelerated destruction of natural resources.
The liberal - democratic legislation in this problem became as a matter
of fact in dock. Quota&, which one have invented USA and together with
remaining "«highly developed" countries distribute to other countries then
to buy up these quota& and to receive the right on a complementary
pollution of the environment, that is damaging to all - instead of it(him)
полновесно to pay to indemnify. It is the new refined form(shape) of a
robbery of the peoples of a planet instead of the help to the brothers
in motion on paths of a civilization. Therefore already it is now clear,
who becomes the maiden opponent of implementation of the reversionary Right,
specially as the international standard. It is represented, that the Russian
prosecutor's office, will find in itself forces effectively enough to counter
to all these tendencies both for itself, and at an international level.
6. ADVOCACY And Е Ё of a FUNCTION
Within the framework of the OPERATIONAL REVERSIONARY RIGHT.
The material is prepared by the President Federal
Union of the Attorneys of Russia А.П. Галогановым
As is known, during law-enforcement activity the advocacy takes the
isolated enough place, considering (quite is reasonable) independent institute
of a guarantee of rights of the natural and legal persons. To trial functions
of advocacy concern:
1. involvement in preliminary investigation, and in an ideal
independent factfinding of the merits.
2. a psychological contact to the quoters of objects of
protection, witnesses and other persons, that is worthy and it is professionally
competent to conduct protection.
3. forming of the own point of view generalizing all materials
of a consequent, investigation and own factfinding.
4. involvement in court of 1-st authority.
5. involvement in activity of court of cassation.
6. activity in supervision
7. activity in the European court
According to spirit and character of the existing legislation, the attorney
is forced to spend significant(sizeable) time for a lot of formal circumstances,
which one handicap protection, do(make) е ё in significant(sizeable) casuistic
and formal.
Involvement in processes, which one go by the rules of the reversionary
Right, will allow to simplify a procedure and to reduce terms of factfinding
of businesses.
But the activity of the attorney will simultaneously essentially be
complicated at definition of damage, and all of his(its) kinds(views).
In communal and whole in a scoring there will be those attorneys, and
it is a lot of them, which one less places keep to the emotions and rely
on the stringent evidences, on the registration of all objective and subjective
circumstances of business, allow on business of a harm as for a consequent
of this or that particular offence.
It is supposed, that the offloading on the attorney, as well as on all
bodies(organs) of legal proceedings, at transition to the reversionary
Right essentially will decrease. And major - will be improved the quality
their activities.
П/п 22.10.2001
7. COMPARATIVE CONFRONTATION
REDUCTION JUSTICE
And REVERSIONARY RIGHT
| The specification statement of systems |
Reduction justice
(ВСП) * - (Restorative Justice) |
The reversionary right (ВП) - (Retunable
low) |
| 1. Who commences a suit |
Selection(sampling) criminal and civil cases
-
By prosecutor's office, police or
Under the initiative of one of the sides;
In Norway - and diverse соцслужбами.
Is possible(probable) and after adjudging,
And during an imprisonment |
At the maiden stage - on demand of damaged
(victims),
In subsequent - court or prosecutor's office or
"By «third person" - any, who has noted of a harm,
Plotted to other person or group of the persons, company |
| 2. Procedure |
Preliminary conversations with both sides,
Then conciliation occurring - очная or
The indirect arrangement between the sides;
Signing « of the Conciliation agreement »
With priority of concerns of a victim. When an occurring
Victims and offender « by the person to the person »
not
Takes place, carrying on appears « in a role of the shuttle
»
( England and Belgium). |
The application of a victim or "«third person"
about an offence
( As fact or as his(its) obvious threat) is transmitted
in court
And - or in one of the specially accredited bodies(organs)
Social expertise (ОСЭ); by this body(organ) is carried
out(conducted)
Factfinding by a commission assigned by court and it
By body(organ); he(it) values all directions of effect
On a real or potential victim; ОСЭ calculates
All kinds(views) of damage in the quantitative (cost)
form(shape).
The general damage is presented by court to the offender
For payment (or improvement on unattractive activities).
ОСЭ are connected by a liability
For discrepancy(inaccuracy) of calculations. |
3. Optimal
Propagation conditions |
Communities, psychologically ready
To the acts всепрощения. |
There is no limitation. |
| 4. Who participates |
The intermediary (is more often the volunteers)
and
The close people to both sides |
The specially accredited expert bodies(organs)
(ОСЭ) and court |
5. What violations(disturbance)
Are encompassed |
Practically any crimes,
Spent through court. |
Practically any, even numerous daily,
Legal by low level of our legislation,
Including aggrieving to an acritical circle of persons. |
| 6. … are not encompassed |
When the victim will disagree to sit(land)
For desktop near to the infringer |
At the maiden stage - except for political
And national value |
7. To what is indemnified
Damage |
Material losses; moral
And social losses are allowed
Verbally, also «are "patched" by apologies
Etc. by receptions(tricks) with allowance for of needs
of a victim,
Which one is ready to correct infringer -
Furthermore receiving thus « the program
To not enable look-alike situations ». Is reached
This involvement in all process nearest
Social encirclement. |
All kinds(views) of damage, all not indifferent for the
person,
Companies the factors, plus the costs of factfinding,
Expertise and legal cost |
8. « The Social cost »
Procedures |
Moral and psychological (frequently
Repeated) offloading on a victim;
Huge losses of time it(him) and his(its) close |
The offender pays all kinds(views) of damage
Plus the costs of investigatory activities,
The legal proceedings etc., so that to him will be
It does not pay them artificially to complicate. |
9. Dissatisfaction
The sides |
Victim the plus multiply suffers;
Involved(attracted) the people |
The party in fault: a dissatisfaction "by «children"
With it(him) by manner (for the type « for all it is
necessary to pay ») |
10. Dissatisfaction
The persons from law-enforcement
Orbs |
About ВСП Иво Айртсен (from the log-book
« the Bulletin of the reduction justice », вып.3): … the public Prosecutor
first of all is oriented on the occurred events, facts,
And also on those legal acts, which one he should undertake
(legal proficiency of a situation).
It(he) is not excited with such problems, how « who a
victim of this crime? », « what е ё of need(requirement) and problem? »,
Whether also there are in company other capabilities
of permission of a situation? … …
The resistance of the judges expressed in following words:
« When I in that business, receive which one, I see such written
agreement,
I do not feel any more by judge, at least judge on criminal
cases … Same expected and at the introducing ВП |
Legislative
Anchoring |
Is consolidated by the way of independent(autonomous)
laws of Austria,
Germanium, Finland and Poland. It is offered even
Directly to integrate in the criminal legislation.
Permanently there is an exchange of national expertise.
Some international initiatives were exhibited.
Advice of Europe has accepted the special guidelines
R (99) 19 on mediating in criminal cases;
ЕК has appeared with the appeal about necessity
Complementary studies. Is designed
Action plan on formation « Territories of freedom,
Safety and justice Евросоюза ». By Portugal
The frame agreement on a rule(situation,position)
was originated;
Victims in the criminal procedure. (for implementation
till 2006).
In 1999 in Europe the program is established
аспирантская;
( Coordinator - University Курта Беме in Сьюне, Switzerland). |
Since 1997 - attempts to consolidate by the way independent
The federal act the Russian Federation and
To leave with the proposal from Russia on an international
level.
In 2001 on the proposal МАОР in the United Nations
From the Quoter of Russian Federation in the United Nations
the hard promising is obtained;
To back up obtaining МАОР consulting
The status at ЭКОСОС the United Nations. In 2001 of the
proposal
Are transferred(handed) to Advice on perfecting
Justice at the President of Russian Federation, the schedule
is submitted(shown);
Implementations, including development of the proposals
From Russia to 11 session of a Commission of the United
Nations on warning
Criminality and criminal justice,
Which one is held in 2002 in Vienna |
|
Reduction justice |
The reversionary right will give: |
|
The generalized rating of both systems
For a definite category of offences
( In attitude(relation) to an existing system)
Introduces a significant(sizeable) step forward, BUT:
1. In ВСП for the offenders are absent
Sufficient antiincentives.
2. ВСП does not oppress home, ecological
And diverse look-alike offences
3. The moral damage basically is leave outed.
4. Setting the offender, criminal
For desktop near to lossed, we it is wrongful
We equalize maiden with second, obtained
From the maiden physical or moral shock,
By him(it) was plundered or is offended.
5. Through ВСП, probably, the realization all
is possible;
Teenage crimes. But then at failure(refusal)
The cognates to pay indemnification(compensation) of
damage
To victim should undertake the state |
1. Rigid adequate depressing antisocial
Activity, gradual education in the people
Resistant reluctances to put to somebody
Any harm in any form(shape).
2. For the infringer disadvantage to be disguised:
Has committed and was lighted - without delay сдавайся
( That not набежали percents also it was not necessary
To pay the complementary cost of looking up
And factfindings)
3. For countries it does not pay to disguise another's
Criminals - fugitives (it is necessary to pay for them
damage).
SO, only ВП: ·
Damaged provides indemnification(compensation) of all
damage
( Including social and moral). ·
For the offenders creates constant threat
Full payment for the marked damage, i.e.
Provides the mode Дамоклова меча,
Inevitability and adequacy
(Justice) of punishment. |
CONCLUSIONS(INJECTIONS):
1. Let at the expense of complementary psychological and
material losses of a victim, but it is necessary to mark, that in engineering
process ВСП were наработаны receptions(tricks) having large воспитательное
the value, and them, no doubt, it will be possible and it is necessary
to use by activity in the mode ВП.
2. It is obvious, the interpenetration and взаимообогащение
of both systems is necessary. Probably, hereafter it will be possible to
try to design(elaborate) and to realize the Возвратно-reduction right (electronic
field production).
3. It is represented, that hereafter above each of us, prone
to асоциальным to offences of any nature the threat to proper response
of company by the way repayments of all marked damage, social and moral
including should hover.
4. Outside of doubt in some cases under some conditions damaged
(victim) can go on the mode ВСП - снизойти up to some condoling
of the rapist, infringer and it(him) to forgive, completely or partially
(not excluding and material damage), - but this version can not become
mass already outgoing from the demanded huge psychological and temporary
costs. Necessities in specially trained and naturally thin psychologists,
patient and persevering. Thus always for the greatest success at talk to
the infringer it is necessary to start, on our view, from a rating of all
damage and assertion it(him) to him from the maiden words.
Both these of version can coexist in quality полновесной
of alternative to an existing system of justice, a final pitch by which
one is while the threat of long-term deprivation of liberty of a significant(sizeable)
part of our fellow citizens with all е ё by negatives.
8. Concluding. TO LIVE, DEVELOPING...
We do not have any doubt that the mankind at last will go on a path of
qualitative self-perfecting, putting off(taking out) of international,
interethnic and interbranch inconsistencies, on a path of putting off(taking
out) of social contrasts, mutual respect of all people of our planet.
The political struggle with usually tracking her(it) and in a peace time
шумихой, barrel(drum) battle frightening раскраской and a constant поливанием
by mud the opponents eventually will cease to be alone and
now all by less effective gear of progressing of mankind. The place of
a political struggle will be held precisely and cleanly organized Forward(straight)
democracy and е ё by(with) the sister - Reversionary right.
Researching here communal and incidental points of the reversionary Right,
we is not simple romanced. We would like, that each, who will work on our
building site, was sure, that he builds a great temple - unconditionally
on the necessary place and in the necessary time.
Here we give only some substantiations of a capability of implementation
of the concept of the reversionary Right. The bill, which one now to be
in Duma (Section 9), actuates in-depth enough paths of his(its) implementation.
In the book the in-depth developments of paths of implementation of all
main(basic) pieces of this right are given and within the framework of
the current legislation. The problem, as it happens more often, only in
liquidation of a deficit of the Russian will.
From the point of view of the theory of upgrading (progressing) of a social
production, that is НОВИСТИКИ, as the reversionary Right, and his(its)
implementation in a System of social safety and progressing, in general
in a social orb (СОЦИОНОМИКЕ) is a next innovation, but innovation rather
radical and in a part idealized нестандартности, and from the point of
view of possible(probable) abrupt turn of practical (remedial) policy,
and from the point of view of anticipated consequences in many orbs of
public life.
At implementation of look-alike innovations, especially in a social orb,
the natural barriers and препоны, visible even now, at the stage of just
scientific discussion can be exhibited quite.
REASONS THIS HAS A LOT OF, AND QUITE EXPLAINED.
At first, already from the very beginning of implementation of the reversionary
Right significant(sizeable) number of today's rules(situations,positions)
being the basis(fundamentals) of teaching of the specialists and constant
education of masses, will appear incorrect or on an extreme measure waste,
and new - while misunderstood. It is uneasy to break consciousness of the
lawyers, which one affirmed, was stamped many hundreds and even thousand
years, it is a lot of breeds. And not only lawyers, but also people, which
one involuntarily tested(experienced) on itself(himself) the crooked legal
consciousness the same long years.
Secondly, some - but not all - subject of scientific activities, books,
thesises, as of today unconditionally actual, can suddenly
appear irrelevant and ineffective. It the large trial for those
who, purely, also routes today progressing of our legislation, - for legislative
science.
In third, the considerable number of the citizens exists, lives, in the
best way exhibit the knowledge, capacity (for example, ораторские) only
within the framework of existing model. On a new field they can suddenly
appear not destiny.
But it so to say, till "«that" side of barricades. As we see, on "«that"
side active enough desire all will keep "as is" or at all events, being
turned to the reversionary Right, all time to swear an accuracy former,
"«codified", and everywhere to declare that their turns - only pitches
on perfecting existing, only his(its) new, earlier not opened capabilities,
and that they, all of them, - is simple the fighters for rational upgrading
everything, that requires(demands) upgrading.
Let all and will be. The consequents of real complication of human mentality
are those, and this should be subject. If want, Маркс has called it профкретинизмом,
but has not said as with it(him) to struggle. We are sure, that the potent
international cataclysms in public consciousness after September 11 2001
will force us to think of necessity cardinal shift of the bases(fundamentals)
by ours, Biblical (founded on postulates of the Bible) civilization, i.e.
about constructing the new doctrine of our existence, at all events - about
necessity of rendezvous(approach) of the legislations of miscellaneous
countries both civilizations. And the best basis(fundamentals) for this
purpose really can appear "the «reflexive" concept. An operating enough
positive answer on our proposal for the United Nations on the part of the
resident Representative of Russia in the United Nations С.В. Лаврова gives
us a definite portion of reliance(confidence).
But if it will not happen even after terrible debacle of September 11,
the quick(rapid) introducing of the reversionary Right after стольких of
years of dark night does not shine us. The strife of the national legislators
(till "«that" side of barricades) will be long and persistent.
And till "«this"?
Despite of obvious positive consequences for company as a whole to appear
it is a lot of dissatisfied here again. Also it is all too not incidentally:
At first, much from those who today препровождает, guards the criminals
and even who sits for crimes, it is necessary to study, and not only new
administrative rules, but also new simple fashions: to not put by other
damage. Instead of permanently searching for blanks and holes in the current
legislation, that something to steal, something to snatch, to take away,
to take... Will get used to this uneasily. hХотя, as it is possible to
see, these rules more human, than today, and to be subject to them it will
be offered to all and simultaneously, including an authority propertying;
Secondly, if administrative law today encompassing rather narrow
a zone of small-sized crime, small-sized misconducts such as smoking in
the not trusted to places etc., will be suddenly substituted Reflexive,
it really will envelop a significant(sizeable) part of administrative and
other activities; there will be problems on an ineffectiveness of a manual,
about discrepancy(inaccuracy) of treatment etc. - that today no and in
помине! Including about неверности of legal proceedings, phenomenon for
us absolutely exotic. h But at the new rules of the game a capability of
accidental errors (including in legal proceedings) multiply
will decrease;
In third, quantitative calculation, mandatory rather boring procedure of
a rating of performance etc. notably will lower mystery and romantic, and
from here and unpredictability of many legal trades - and, therefore, and
repayment of this transactions. Some of these trades become where less
attractive, than now. h But to appear a capability of hard earnings, and
in pre-election attack - and significant(sizeable) scoring for those who
behind soul something has: by him(it) the capability will be expedient
to introduce the really effective programs. By the way, sequential
queues to a seat of the president to a seat of the president to a seat
of the president to a seat the of the president on all is what to introduce
and not all are ready to pay then for the errors;
In fourth, some of the wolf - concluded instead of вольготной of life of
the leaders will lose овец and more, probably, on forced hard labour suddenly
become equal among equal. h However we shall remark: in case of successful
переполюсации of their reference points they (instead of the
mean officers, simple землепашцы etc.) can introduce company a rather potent
creative socially positive momentum(pulse,impulse);
In fifth, in opposition to the new order involuntarily there will be a
thick seam землян, hardly believed in the creative disability or pretending
in it and not wishing on the existing rules to change friend (in existing
conditions) the point of view. h However all this can notably vary at variation
of these "«existing" rules and conditions. It is clear, that this relation
concerns to category(discharge) recurrent and requires(demands) an external
action for its(her) gap.
As it is possible to see from the second sections of listed(transferred)
points, the business not so is remediless, as can seem at once. Though,
we are recognized, problem this more than not prime.
All this was intuitively clear and earlier, ещ ё at a stage of selection
of the concept of the reversionary Right. But also now, even after several
years of meditations, developments and discussions (as a result of which
these materials) also have appeared, all the same there are many problems
- not so much idealized, how much practical, remedial nature. Probably,
it even is good. It is nutrition for inquisitive mind(wit) of many scientists.
Some of these problems - not principled, they can be fulfilled
step-by-step, during implementation ВП; other is required to be resolved
immediately, the solution on his(its) implementation as soon as will be
accepted. - And concerning third it is necessary to recognize, that they
on the given level of development of our company and our jurisprudence
without the special costs of development of a subject and on education
of the company can not be resolved. But if the company will understand
relevance of a tendered pitch, it will find the necessary facilitiess,
that to pay these activities.
Disassembling possible(probable) hereafter it will be necessary to remember
reasons of resistance to the new doctrine,, that in any formed social system
exists sometimes quite real, but often in mass practically not realized
(though from it not less significant) corporate, centripetal force, which
one, without dependence from usefulness « for all », for company, causes(urges)
"«vehicle" in a name of self-survival and guards herself from superfluous
cares to do(make) everything, that the external action thrusting it(him)
on superfluous cares, was neutralized. Counter to this even more potent
force from the outside from the plenipotentiary of the citizens - state
can only. In the given particular case by his(its) quoter can appear and
proprietary state system - МВД, the adding up situation in legal proceedings
hinders which one not less, than company, or United Nations, which one
will accept the new doctrine as most natural and thus will bend on this
pitch the majority of countries.
But mean here and problems of personal nature much.
Already at stage of the maiden acquaintance with prepared draft federal
law « About social safety and social progressing » (withdrawals from him(it)
are given in Section 9) each, who got acquainted with it(him), started
to try on it(him) to itself(himself), calculating about itself(himself),
that he is more than - will gain or will lose? That, the life
is those. Many, which one we invite to go with us, it is necessary to convince
sometimes to set in « on a throat to an own song ». And further already
to study a new tune. Not many have understood us.
Knowing human psychology, inert and resourceful in desire to stiffen on
reached, it is possible to itself to introduce and such situation: new,
Reversionary right (and by analogy with Roman it(him) better to call as
Russian or Moscow, for it has appeared in Moscow, in Russia) eventually
it will be accepted at a state level under persevering stress of the pioneers
and intellect of their colleagues. And "«professionals" will ignore it(him)
all the same, will pronounce to him boycott. That, in that case it is necessary
to recollect a known turn-over in the will 80-year's Фрэнка Синатры, as
is known, of huge patrimony, leaving a main body, to the young wife: «
The one who only will raise a problem on revision of the will, automatically
forfeits the fraction of the patrimony for the benefit of the state ».
He has delivered it on the will a fatbit. Differently толкователям and
спорщикам there would be no extremity. In this case solution seems absolutely
simple: To the one who will risk to be engaged by the obsolete rules, it
is necessary to pay all damage damaged. Moral including. Uneasy to itself
to introduce, as dearly it to him will cost!
Alas, on these psychological and material victims it is necessary
to go if to remember us, Russians, so severely unfortunate all last centuries.
Perhaps, we are worthy, that from the very beginning of third тысячелетия
to begin new, best life. Even in a small extent to this will help at that,
that here is called as the reversionary Right.
Above we attempted to give the substantiation of principles of the new
legal doctrine, founded on the concept of the reversionary Right. But this
legal doctrine is (should be) integral part of the Social doctrine, which
one, except for problems, usually realized by all, of the help poor and
wretched, except for entitiess of strain-relief crystallization working,
their salaries, manuals etc. etc., should necessarily actuate sections
of supply of social safety and accelerations of social progressing.
Already now, at surface discussion of the given problem, пессимистов is
greater, than design critics. As we know, on the average in a pattern one
idea from 60 will be realised only, that is concerning novations пессимисты
be right in 59 cases from 60. But this 1 case from 60 also is our chance.
Even long before occurrence(appearance) ЕВРО only half of germans approved
of transition from the national brand on this currency. As one german newspaper
much(many) from пессимистов figuratively has written hissed, calling new
currency « morbid недоноском ». But since the maiden days of his(its) occurrence(appearance)
this became clear, that « розовощекий карапуз - bulwark of the future European
economical repeatability » (« Die Zeit », 10.01.1999). And at the same
time worthy alternative to green currency dominant now on a significant(sizeable)
part of our planet.
Sometime to all of us will be given to understand, that the factor social
for the person is main(basic), mainest. We with you both owe,
and we can make Russia by bulwark of social perfection(efficiency). Not
only our country, but also other peoples which were turning away from ё.
The supply of social safety in human company is only first stage on paths
to great свершениям in business of social progressing of all mankind indicated
majority of the astrologists in third тысячелетии. It also will begin from
Russia.
The schedule of 1-st stage of measures
On implementation of the bases(fundamentals) of the reversionary Right
on territory of Russian Federation
|
№№ п/п
|
Measures
|
The initiators
|
Time
Fulfilment,
мес.
|
|
1
|
Creation at Advice at the President of Russian
Federation
On perfecting justice of Coordination Advice
On implementation of principles of the reversionary Right
(КСВП) |
Advice, МАОР
|
1
|
|
2
|
> Opening-up of materials ВП (Concept, technical
study,
Milestones of implementation …) and dispatch on the main(basic)
entitiess,
Defining the theory and practice of justice on territory
Russian
Federations, - for opening-up and dispatch to address
Advice of the remarks and proposals,
Including on involvement in the Program of their entitiess. |
КСВП
|
2
|
|
3
|
Treating of the obtained remarks, discussion
of the total document
On КСВП on пилотной of implementation of the bases(fundamentals)
ВП in 3-5 district courts and
Opening-up of total documents for transfer(transmission)
to the coauthors for
Implementations including expertises |
РЭЛ
And - or
МАОР
КСВП and
The involved(attracted) specialists
|
1
|
|
4
|
Creation at РЭЛ or International Academy
public
Progressings of Methodical center on public expertise
and rating
The marked damage (МЦВП) |
МАОР, РЭЛ
|
1
|
|
5
|
Completions of the maiden stage of implementation
- selection(sampling) of group completed and
The finished actions of proceeding amalgamated calculation
of damage on them, transfer(transmission)
Accused and convicted of the proposals to revise businesses
with a condition of repayment
By them of the marked damage; definitive selection(sampling)
of the maiden 10-20 businesses;
Realization on them of in-depth expertise and further
procedure ВП;
Indemnification(compensation) of damage and redemption
concluded |
|
3
|
|
6
|
Realization of round desktop with the quoters
of law enforcement bodies,
Public правозащитных of entitiess and MASS-MEDIA for
discussion obtained
Outcomes and summarizing of the maiden stage of implementation
ВП |
Advice,
РЭЛ,
МАОР
|
2
|
|
7
|
Opening-up and transfer(transmission) of
the official report to the chiefs law-enforcement
Bodies(organs) with the substantiation of optimal scales
of realization of the second stage
Implementations ВП, and also beginning of activity on
creation (accreditation) in country
Networks(grid) of bodies(organs) of public expertise,
i.e. A complex(integrated) system
Social safety and social progressing (КССР) |
Advice
|
1
|
|
8
|
Opening-up of the proposals for a Commission
of the United Nations on implementation ВП
Internationally |
Advice,
МАОР, РЭЛ
|
In relation
From terms
Scheduled(budgeted) conference of a commission of the
United Nations on warning
Criminality |
The program of implementation should envision creation of Coordination
Advice by the way of constant Working group at Advice and МАОР from 7 up
to 10 чел. With engaging of the quoters of Advice, МАОР, Госдумы and with
a capability of engaging on the temporary basis(fundamentals) up to 20
чел. - theorists and практиков, opening-up of information materials of
different formats: the small monography, methodical material for courts,
it is expedient to approve the manuals in popular presentation, article
in the log-books etc. the Program by two sides: by the chairman of Advice
and President МАОР.
The program can be most effectively carried out at the centralized financing
at the rate of repayment at a rate of, at least, foreseen now for repayment
of the sportsmen: 15 000 rbl. on чел. Per one month, or about 0,7 thousand
rbl. per day; and also organizational consumptions and consumptions on
the publication, business trip (within the limits of country and separately
- 2-4 foreign).
10. PATTERN And FUNCTIONS of BODIES(ORGANS) of a System
of social safety
-
Zero edition
-
For discussion and the coordination!
· Bodies(organs) ССБ form, and the functions are mastered step-by-step,
in accordance with progressing a System and increase of a fraction transmitted
in ССБ of businesses
· the Fraction of businesses transmitted to exclusive management ССБ,
is augmented step-by-step, in accordance with development of methods both
facilitiess ССБ and consent damaged, from 1-3 % up to a limit 60-80 % (excepting
a fraction among the offenders of the socially dangerous persons).
|
