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Journal of Foreign Legislation and Comparative Law
Reference:

Kubantsev S.P. Whistleblower: Responsibility, Defense, Stimulation

Abstract: Article highlights the legislative regulation of the activities of persons who voluntarily reporting to law enforcement agencies about the facts of offenses. It is not just the duty of public bodies to take and check a message of informant, but also the possibility of joining the state bodies in the case of a civil action on the side of the plaintiff-informant as part of the "qui-tam" procedure, of ways of whistleblower protections from the negative effects from workplace side as well as ways to stimulate individuals to such activities. The set of general scientific and private-schientific methods of knowledge: dialectical method, analysis and synthesis of the individual parts, the individual features of concepts, logical method, technical and legal method, comparative law method, sociological, historical and formal-logical methods, the method of the unity of theory and practice are used. The need for the study of foreign experience of legal regulation of certain legal categories is due primarily to the fact that in a globalized legal environment and its unification increasingly need to be updated correlation of domestic and foreign legal realities. Questions of the informers themselves are not new to the national legal practice, but never is not reached before the actual legalization of the status of the informant. However, these issues do not occupy the last place in the legal system of some developed foreign countries. Questions of legalization of informants are also updated in connection with the continuous development of legal structures, offering more and more new means of influencing the perpetrators of the offense, and those who have any information about preparing or perfect offense. The issue of lunacy is of the complex cross-cutting issues of science and practice, which can distinguish the criminal law, criminal procedure, criminal executive and judicial-psychiatric aspects. And because the solution of the question of the insanity of human rights concerns directly with the person, then, in addition to the criminal law, and clearly comes through constitutional and legal significance of the problem.


Keywords:

criminal, crime, corruption, whistleblower, defense.


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References
1. Kubantsev S.P. Nekotorye aspekty bor'by s nezakonnym oborotom narkoticheskikh sredstv po ugolovnomu zako-nodatel'stvu zarubezhnykh gosudarstv // Zhurnal zarubezhnogo zakonodatel'stva i sravnitel'nogo pravovedeniya 2010. ¹ 7. S 77-87.
2. Vlasov I.S., Kubantsev S.P., Chernukhina L.S. Otvetstvennost' za ekologicheskie prestupleniya po zakonodatel'stvu zarubezhnykh gosudarstv // Zhurnal zarubezhnogo zakonodatel'stva i sravnitel'nogo pravovedeniya. 2007. ¹ 1. S 107-121.
3. Garcetti v. Ceballos, 547 US 410 (2006).
4. Journals of the Continental Congress. 1774-1789. Ed. by W.Ch. Ford, v. 1. Washington, 1904. S. 732.
5. Lawson v. FMR LLC, No. 12-3 (2014); Lawson v. FMR LLC 670 F. 3d 61, 63 (1st Cir. 2012).
6. United States Department of Labor // www.whistleblowers.gov (data obrashcheniya 23.01.2015)