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THE IMPROVEMENT OF THE ANTI-CORRUPTION EXPERTISE OF NORMATIVE LEGAL ACTS
Author: Zaharova, Vera Igorevna
Keywords: corruption, anti-corruption, expertise, improvement, activity, counteraction, legal acts, legislation, efficiency, corruptiogenic factor
The article deals with the analysis of some topical problems, connected with the improvement of the anti-corruption expertise of normative legal acts.
THE NATIONALIZATION OF THE BUSINESS COMPANIES OF STRATEGIC IMPORTANCE: ECONOMIC, POLITICAL AND LEGAL ASPECTS
Author: Khmelevsky, Sergey Vladimirovich
Keywords: nationalization, private property, state property, foreign investments, defense-industrial complex, the business companies of strategic importance
At the highest level of public authority, in the expert community, other institutions of civil society in Russia are increasingly debated question of the possible nationalization of enterprises, organizations of the defense-industrial complex, other business companies of strategic importance for national defense and security, morals, health, rights and lawful interests of citizens. It not only clearly analyze the basic economic and political aspects of the nationalization in general and the business companies of strategic importance in particular, but also revealed the contents of nationalization as a legitimate form of transfer private property of individuals and organizations in the state property, property other public-legal entities, the competition rules is shown, above all, a constitutional law and civil law in Russia, the appropriate governing social relations. Simultaneously, the paper presents the legislator addressed specific proposals to improve legislation in Russia, leveling the real and potential risks of possible nationalization of the business companies of strategic importance.
REFORMATION OF HEALTH CARE SYSTEM NOWADAYS
Author: Demakova, Alla Sergeevna
Keywords: health care reform, constitutional protection, local health care system, local government, state government, authority, distribution of powers
This article is devoted to the problem of changes of the authority of state and local government in the sphere of health care protection. The possibility of implementation guaranteed constitutional right of citizen to the health protection and medical assistance by means of medical health system is disputed course of whole reformation of health system in our country.
THE CONSTITUTIONAL STATE IN RUSSIAN THOUGHT
Authors: Teps, Denis Said-Mohmadi; Tsmay, Vassiliy Vassilievich; Slobodnyuk, Sergey Leonovich
Keywords: state, rights, state system, traditions, customs, principles, norms, divinity, mechanism, functions, powers, statehood, justice, legality, responsibility
Authors of article carried out the historical and legal analysis of formation of idea about the constitutional state that allowed to draw a conclusion on the special importance of creation of the state formation completely operated by laws, instead of orders of power.
CONFLICT WITH A PROVISION CURRENTLAWPRINCIPLESOF THE CONSTITUTIONOF THE RUSSIANFEDERATION: MILITARY DUTIES AND CRIMINAL PENALTIES QUESTIONS, OR IMMUNITY BY GENDER
Author: Ilyaguev, Dmitriy Mikhaylovich
Keywords: constitution, constitutional and legal status, military service, criminal responsibility, the legal immunity of women
The article deals with the contradictions of certain provisions of the law on military service, military and other legal acts of the criminal law and constitutional principles of equality of every citizen's rights, freedoms and obligations, regardless of its gender, suggests ways to address the identified inconsistencies.
ON OFFICIAL DEVELOPMENT ASSISTANCE IN THE CONTEXT OF THE PROBLEMS OF REALIZATION OF THE RIGHT TO DEVELOPMENT
Author: Mouraviov, Andrey Mikhailovich
Keywords: right to development, positive law, legal ideology, official development assistance
The subject of the essay is official development assistance (ODA) in the context of the right to development and problems of its realization in international relations. The author analyzes the practice of providing such assistance, and substantiates the idea that the existing forms, methods and conditions of ODA indicate that its provision is soon due to ideological reasons and the class interests of donors, rather than recognizing the aid recipients’ right to development.
LEGAL SOURCES OF ALTERNATIVE RESOLUTION OF CIVIL AND COMMERCIAL DISPUTE IN BRAZIL
Author: Ermakova, Elena Petrovna
Keywords: alternative dispute resolution in Brazil, arbitration centers in Brazil
The article examines the history of the formation and development of alternative dispute resolution centers in Brazil, provides a brief analysis of the causes of this phenomenon, are the sources of legal regulation of international commercial arbitration in Brazil.
3.2. К ВОПРОСУ О КОНЦЕПТУАЛЬНЫХ ОСНОВАХ УСМОТРЕНИЯ И СВОБОДЫ ВОЛИ
Author: Shevtsov Sergey, G
Keywords: discretion, will, freedom, good, evil
В настоящей публикации впервые в науке гражданского права анализируются концептуальные основы усмотрения и свободы воли, которую принято обозначать как liberum arbitrium. В результате проведенного исследования автор приходит к выводу, что у человека есть свобода воли как возможность выбора между добром и злом, но такая возможность относится к произволу. Свобода воли предполагает выбор человеком законопослушного пути (добра) и ограничена сферой правопорядка, то есть выбором по своему усмотрению одной из предусмотренных законом альтернатив.
THE HISTORY OF ESTABLISHMENT AND DEVELOPMENT OF TRIPARTITE COMMISSIONS ACTIVITIES ON SOCIAL LABOR RELATIONS REGULATION IN RUSSIA
Author: Zaharov, Konstantin Valerievich
Keywords: Russian tripartite commission on social–labor relations regulation, social partnership
Modern Russian legislation, concerning the activities of Russian Tripartite Commissions on Social-Labor Relations Regulation, is rather dynamic one. The present article is devoted to the consideration of the main stages of its genesis. The conclusions made by the author can be used in juridical practice.
TRANS-BORDER TRANSACTIONS WITH PARTICIPATORY INTERESTS IN LLC: DETERMINATION OF APPLICABLE LAW
Author: Kokorin, Alexey Sergeyevich
Keywords: mergers, acquisitions, participatory interest, applicable law, cross-border transactions, private international law
The article analyzes the features of collision-regulation of cross-border transactions related to disposal of participatory interest in limited liability company. The problems of determining the applicable law are studied and recommendations for determining the applicable law are proposed.
CONCEPT OF INSTITUTE OF RECOGNITION AND ENFORCEMENT OF FOREIGN ARBITRATION AWARDS AND FOREIGN JUDGMENTS IN THE USA
Author: Knyazeva, L.V.
Keywords: international civil procedural law, recognition and enforcement of foreign arbitration awards, international arbitration, recognition and enforcement of foreign judgments, methods and models of recognition, revocability and definitive enforceability
This article describes evolution of concept of institute of recognition and enforcement of foreign arbitration awards and foreign judgments in the USA. The author analyzes the positive tendencies connected with the conversion in interpretation of institute of recognition and enforcement of foreign decisions by the American law from principles of common law to the statute law of the USA.
RIGHTS AND OBLIGATIONS OF THE SUPPLY CONTRACT PARTIES
Author: Filatova, Mariya Anatolievna
Keywords: supply contract, contract of sale, parties of the contract, the supplier, the buyer, the goods, the purpose of purchasing goods, quantity, quality, standards, range, completeness, execution time liabilities
This paper is the result of scientific and practical investigation of one of the most important conditions of the contracts - the transfer of ownership and passing of risk under contracts of sale, delivery, and, in particular, under a contract of supply of equipment.
The article identified the distinctive features of the supply agreement, considered the rights and obligations under the supply agreement, which is kind of a contract of sale, analyzed the jurisprudence relating to violations of the supply agreement, formulated especially the rights and obligations of the parties to the contract delivery of the equipment and the author point of view of distribution rights and obligations of the parties.
This article is intended for lawyers who specialize in commercial contracts, judges, lawyers, teachers, business and civil law, law students.
ORGANIZED CRIME IN ENTREPRENEURIAL ACTIVITY AS THE CORE OF ORGANIZED ECONOMIC CRIME
Author: Garmash, Anna Michailovna
Keywords: crime, economic activity, entrepreneurial activity, organized economic crime, organized criminal groups, criminal legislation
The article reveals the essence of the phenomenon of «organized crime in entrepreneurial activity» and gives his сriminological characteristics. It also analyzes the socio-economic conditions and growth factors of this form of organized economic crime.
THE ANALYSIS OF MIGRANTS’ CRIMES IN THE REPUBLIC OF BASHKORTOSTAN
Authors: Asmandiyarova, Nailya Rimovna; Ulimaev, Radik Yurikovich
Keywords: illegal migration, migrant, illegal labour, epidemic security, migration crime, federal migration service
The article analyses the quantity and quality characteristics of migrants’ crimes in the Republic of Bashkortostan. It touches upon a general tendency of decreasing of the amount of crimes among migrants’ and makes prognosis about the increase of the social dangers of crimes committed by migrants. The article also offers the ways of warning these crimes.
CRIMES, DIRECTLY ORGANIZE THE ILLEGAL TRAFFICKING OF NARCOTICS
Author: Galuzinskiy, Alexandr Alekseevich
Keywords: objective side of the crime, subject of the crime, subjective side of the crime, the form of fault, social-danger act and its aftereffects
This article examines the test of the crimes, directly organize the illegal trafficking of narcotics. The author describes immediate compositions of these crimes, for example: subjects of crimes, objective and subjective sides of this form of crimes, the form of fault.
CRIMINAL RESPONSIBILITY FOR VIOLATION OF CITIZENS’ LABOR RIGHTS: HISTORICAL ASPECTS AND CURRENT STATE
Author: Petrashko, Ivan Alexandrovich
Keywords: violation of labor protection rules, illegal dismissal, non-payment of salary, pensions, scholarships and grants, criminal responsibility for violation of citizens’ labor rights
The article analyzes the evolution of legislation on criminal responsibility for violation of citizens’ labor rights, including trace of it’s main stages, laying emphasis on the creation in Russian law rules of the rights of wage workers since ancient period and it’s correlation with the Criminal law. Special attention is paid to the analysis of post-Soviet Criminal law, including three «waves» of amendments on the protection of citizen’s labor rights to the current Criminal code of Russian Federation adopted on 1996.
THE MANIFESTATION OF POLITICAL CORRUPTION IN THE REPUBLIC OF ARMENIA
Author: Yeghiazaryan, Aharon Mamikonovich
Keywords: manifestation, political, corruption
In this paper we consider a form of political corruption in the Republic of Armenia, as well as the circumstances conducive to its emergence and growth; discusses the existing problems in this field and formulate proposals aimed at improving the effectiveness of the fight with the negative social and legal phenomenon.
TECHNIQUE OF CAPTURES, TYPES OF RAIDING AND POPULAR SCHEMES
Author: Bazilev, Dmitry Alexandrovich
Keywords: schemes of raider captures, racket, privatization, law on bankruptcy, raiding ("black", "gray", "white" raiding)
In article concepts are given of raiding, raiding types ("black", "gray", "white" raiding). Examples of schemes of raider captures are specified.
ON THE ISSUE OF CAUSATION BETWEEN THE ACT AND THE CONSEQUENCES OF THE CRIMINAL LAW OF THE AZERBAIJAN REPUBLIC AND THE RUSSIAN FEDERATION
Author: Jafarov, Habib Rahim oglu
Keywords: causal connection between the criminal act or omission and socially dangerous consequences, the causal relationship to the material and formal components in some crimes
Article dedicated to one of the most complicated and quite actual problems of criminal law, the issue of establishing a causal relationship between the criminal act or omission and socially dangerous consequences.
In this article, the author investigated a number of issues of causation in criminal law, in particular the necessity to establish a causal relationship not only during commission of a criminal act, but also during the criminal inaction, to establish a causal relationship and, in some formal elements of crime about the different nature of the causal relationship when one crime is composed of a single link, as a close, another is a crime may be more distant and complex, a causal relationship with complicity, etc.
5.1. УСЛОВНО-ДОСРОЧНОЕ ОСВОБОЖДЕНИЕ: НОВЫЕ ПОДХОДЫ В ПРАВОПРИМЕНЕНИИ
Author: Shelestjukov, Vitaly Nikolaevich
Keywords: conditional early release from punishment serving, imprisonment, public control, the social lift
Статья содержит теоретическое обоснование возможных путей совершенствования института условно-досрочного освобождения, с учетом требований современного правопорядка. Приводится анализ норм уголовного закона, регламентирующих институт условно-досрочного освобождения.
APPLICATION OF A POLYGRAPH DEMANDS PERFECTION THE CRIMINALISTICS REFLECTION THEORY
Authors: Tolstolutsky, V; Skorina, Y.I.
Keywords: Polygraph, psychophysiological reactions, the criminalistics reflection theory, the realized activity of the person, consciousness of the person, scientific methodology
It is analyzed problems which demand perfection of criminalistics reflection theory. It is offered to use the decision of a psychophysical problem found B.Spinosa as a methodological basis of psychophysiological researches. Affirms that the realized activity of the examinee, instead of neurophysiological mechanisms which provide it should become a subject criminalistics researches.
ON THE CLASSIFICATION OF METHODS OF INVESTIGATION OF ECONOMIC CRIME
Author: Isaev, Suleyman Sait-Hussainovich
Keywords: methods, investigation, economic crime, the classification system, forensic features
The article is devoted to the foundation and the construction of the classification methods of investigation of economic crimes.
ON THE INVESTIGATION OF CRIMES COMMITTED IN THE FINANCING AND CREDIT SYSTEM
Author: Baskhanov, Rasul Ruslanovich
Keywords: forensic science, planning, investigating crimes, financial and credit system, the algorithm
The article is devoted to the concept and nature of planning investigations of crimes committed in the financial system.
INDIVIDUAL ELEMENTS OF CRIMINOLOGICAL CHARACTERISTICS OF FRAUD RELATING TO THE EXPENDITURE OF BUDGETARY FUNDS
Author: Isaev, Salman Sait-Hussainovich
Keywords: crime, budget, forensic characterization of the structure
The article is devoted to the development of criminological characteristics of fraud relating to the expenditure of budgetary funds.
METHOD OF ANALOGY IN QUALIFICATION OF CRIMES AND OTHER LEGAL ASSESSMENTS
Author: Uchuev, Zakarzha Abdullaevich
Keywords: method of analogy, law enforcer, criminal procedure law
This article reveals the epistemological possibilities of the method of analogy in comparison to the functioning of the institutions of similar criminal process (method references, concretions Institute, the Institute subsidiary of right), contains a description of the method of analogy as an effective tool in shaping the logical conclusions of law enforcer in the process of interpretation of criminal Procedure law.
IMPLEMENTATION OF INTERNATIONAL LEGAL RULES OF HIJACKING, SHIP OR TRAIN IN CRIMINAL CODE OF REPUBLIC OF TAJIKISTAN
Author: Azimov, Nazir Bazarbaevish
Keywords: illegal, by violence, implementation, hijacking, train, Hague convention
Hijacking or train (article 184 Criminal Code of RT) concerning planes, this is receipted from article 1 of Hague convention of fight with illegal hijacking from December, 16, 1970.
6.2. МЕЖДУНАРОДНО-ПРАВОВОЙ РЕЖИМ ПЛАВАНИЯ СУДОВ, С (АТОМНЫМИ) ЯДЕРНЫМИ ЭНЕРГЕТИЧЕСКИМИ УСТАНОВКАМИ В МЕЖДУНАРОДНЫХ ПРОЛИВАХ
Author: Ostapenko Olena,
Keywords: nuclear power plants (NPP), coastal states, international straits, legal regime, nuclear incidents
Необходимость рассмотрения вопросов, связанных с эксплуатацией судов с атомными энергетическими установками (АЭУ) в контексте международных проливов связана с тем, что стремление прибрежных государств обезопасить себя от возможных ядерных инцидентов побуждает их устанавливать для атомных судов значительно более строгий правовой режим, чем режим, применяемый к обычным судам.
INSTITUTE OF GUARANTEE IN THE SYSTEM OF BODIES OF INTERNAL AFFAIRS OF THE RUSSIAN FEDERATION
Author: Trifonov, Vitaly Anatolievich
Keywords: the bodies of internal affairs, the reception of the service, personal guarantee
The article is devoted to the issues related to the personal guarantee of the ministry of internal affairs. The author, explaining the relevance of the institute of personal surety, review and analysis of legal norms, regulating the procedure of the personal guarantee of the ministry of internal affairs. In the article the author formulates a number of generalizing the findings of the designated problems with specific proposals aimed at improving the regulatory legal base in the field of the personal guarantee of the ministry of internal affairs and the practice of application of the legal norms.
HISTORY OF FORMATION OF INSTITUTE OF RESTRICTION OF DURATION OF A SHIFT
Authors: Канюков, Сергей Константинович; Kanyukov, Sergey Konastantinovich
Keywords: labor law, laws, rights of citizens, labor legislation, working hours, right application, legality, responsibility, restrictions
Article represents history of formation of institute of duration of a shift. In it stages of origin, formation, improvement, a problem, a way of their permission are presented. The attention is focused on contents of the labor code of the Russian Federation, the LABOUR CODE of RSFSR, other labor laws of the various states.
THE LEGAL STATUS OF MEDICAL MANAGEMENT IN RUSSIA OF THE END OF THE XVIII CENTURY
Author: Pechnikova, Olga Glebovna
Keywords: медицинская управа, губерния, медицинская коллегия, губернский город, инспектор, инспекторская проверка, медицинские чиновники, врачи, аптеки
The article is devoted to the medical council as the main management in the system of organization of public health services on the ground in the analyzed period. The legal status of these institutions practically not investigated in the modern historical and historical-legal literature, in connection with that, the author has made an attempt to fill this gap.
ADMINISTRATIVE LEGAL REGIME AS WAY OF PUBLIC ADMINISTRATION BY SOCIAL AND POLITICAL PROCESSES
Authors: Boer, Victor Matveevich; Kovalenko, Veronica Valerievna
Keywords: law, public authorities, legality, mode, management, subjects, activity, powers, responsibility, process, interaction
In article the concept, the contents, essence and features of an administrative legal regime – an effective way of state and administrative activity are opened.
CLASSIFICATION OF PUBLIC SERVANTS: SOME QUESTIONS OF THE THEORY AND PRACTICE
Author: Chernogorov, Denis Alexandrovich
Keywords: public service, public servant, officer, administrative and legal status
In article on the basis of the study of a wide circle of normative acts and doctrinal sources considered by the legal status of civil servants and their classification is carried out according to various criteria. Special attention of the author is paid to characteristics of officials and their place in the system of public servants.
TO THE QUESTION ABOUT OF CLASSIFICATIONS TERMS IN ADMINISTRATIVE LAW
Author: Stakhovsky, Denis Vitalyevich
Keywords: term, administrative law, classification, administrative process, production
The article considers the classification of terms in administrative law on various grounds, analyzes the views of legal scholars on the subject, is widely used cross-section approach to the problem. Author's position and conclusions be justified with legal and doctrinal positions.
RE-QUALIFICATION OF TAXPAYERS' BARGAINS IN FOREIGN COUNTRIES
Author: Baranov, Sergey Petrovich
Keywords: taxes, transaction, taxpayer, juridical person
The article cites an analysis of the existing legal measures in foreign countries aimed at combating taxpayers’ abuse of their rights. Apart from this the author shows the legislation of the countries with continental and Anglo-Saxon legal systems, as well as countries - participants of the CIS.
TO THE QUESTION OF THE COMPETENCE OF A DISTRICT COURT JUDGE AS A SUBJECT OF THE ADMINISTRATIVE JURISDICTION OF THE APPEALS INSTANCE
Author: Nevolina, Irina Aleksandrovna
Keywords: competence, the court, supervision, investigation, appeal, instance, the decree
The article considers the problems of legal regulation of the competence of a district court judge as a subject of the administrative courts of appeal and their impact on the practical functioning of the judicial branch of power. The author analyses the views of eminent theorists of the rights of the current legislation, on the basis of which are formulated theoretical conclusions and proposals on improvement of legislative norms on the competence of a district court judge in the considered aspect.
PROBLEMS OF PENALTIES FOR VIOLATIONS OF THE LAW ON THE TURNOVER OF THE CIVIL AND SERVICE WEAPON
Author: Stepovoy, Roman Anatolievich
Keywords: the punishment, the execution of, a resolution, a turnover of the weapon, or the official, the jurisdiction
The article covers problems of legal regulation and practical implementation of penalties for violations of the law on the turnover of the civil and service weapon. The author proposes measures for the improvement of the legal norms regulating social relations in this area and formulated conclusions about the ways of overcoming the practical activities of appliers of the law on execution of penalties for violations of the law on the turnover of the civil and service weapon
REFERRING TO THE QUESTION ABOUT FORFEITURE OF ESTATE: HISTORICAL AND LEGAL ASPECTS
Author: Smolina, Veronica Gennadievna
Keywords: forfeiture of estate, institution of confiscation, limitation and abolition of general confiscation, Сodes of law, Сonciliar Code, personal decrees
The article is devoted to the analysis of the content and shape of the formation of institution of confiscation in the Russian legislation.
9.1. РЕЦЕНЗИЯ НА МОНОГРАФИЮ Ю.Г. ГАЛАЯ «ПОДГОТОВКА ЮРИСТОВ В УНИВЕРСИТЕТАХ РОССИЙСКОЙ ИМПЕРИИ» (Н. НОВГОРОД: НИЖЕГОРОДСКИЙ ФИЛИАЛ ИНСТИТУТА БИЗНЕСА И ПОЛИТИКИ, 2011. – 310 С)
Author: Мазур, С.Ф.
BANS AND RESTRICTIONS ASSOCIATED WITH THE RECEPTION OF THE SERVICE IN THE ORGANS OF INTERNAL AFFAIRS OF THE RUSSIAN FEDERATION
Authors: Bjalt, Victor Sergeevich; Trifonov, Vitaly Anatolievich
Keywords: admission to the service in bodies of internal affairs, restrictions, prohibitions, candidates for service in the bodies of internal affairs
The article is devoted to investigation of legal norms that establish prohibitions and restrictions for candidates for admission to the service in bodies of internal affairs. The authors of the article in the context of comparative legal and historical-legal analysis of view institute of the restrictions existing in the process of admission to the service in bodies of internal affairs and by the specifics of the bodies of internal affairs, as one of the main elements of the law-enforcement system of the state. Also in the paper is formulated and proved a number of generalizing the findings of the designated issues.
SPECIFICITY OF THE LEGAL REGULATION OF THE ORGANIZATION AND ACTIVITY OF MOUNTAIN-MINE MILITIA AS SPECIAL KIND OF DEPARTMENTAL MILITIA OF RSFSR IN THE SECOND HALF OF THE XX-TH CENTURY
Author: Erin, Dmitry Alexandrovich
Keywords: History of militia of RSFSR, departmental militia, mountain-mine militia, legal regulation, law application practice
Questions of a legal regulation of formation and functioning of departmental militia on protection of the enterprises and establishments of mining industry of RSFSR in the period of new economic policy are considered in the article. On the basis of the archival sources for the first time entered into a scientific turn, the reasons and features of realization of the departmental normative legal acts regulating organizational-legal bases of mountain-mine militia in RSFSR are established.
ИНТЕРЕСЫ КОРЕННЫХ МАЛОЧИСЛЕННЫХ НАРОДОВ, НАЦИОНАЛЬНОСТЕЙ И ИНЫХ СЛОЕВ МЕСТНОГО СООБЩЕСТВА
Author: Usmanova, Resida Miniyarovna
Keywords: public interest, the municipality, the population of non-profit organizations, local self-government
The paper reveals the public interest in municipal law by their holders. Indicated that the balance should be respected, regardless of who is the public interest.