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К 90-ЛЕТИЮ АКАДЕМИКА КУДРЯВЦЕВА ВЛАДИМИРА НИКОЛАЕВИЧА
Authors: Лунеев, В.В.; Главный, редактор журнала «Пробелы в российском законодательстве»
ON THE QUESTION OF MUNICIPAL LEGISLATION CODIFICATION
Author: Soloviev, Sergey Gennadievich
Keywords: municipal and legal regulation, codified regulations, Municipal Code of the Russian Federation
This paper investigates the causes necessitating the development of the Municipal Code of the Russian Federation, in its analysis of the theoretical and practical problems associated with this question.
ACTUAL PROBLEMS OF ENSURING OF THE RULE OF LAW IN THE ACTIVITY OF FEDERAL EXECUTIVE AUTHORITIES
Author: Tonakanyan, Oleg Olegovitch
Keywords: executive power, state control, executive budget, functions of state control’s realization
In the article the author comes to the conclusion, that at present many control supervisory organs equally combine with the functions inherent only exclusive state competence the functions of economic subject. Also the researcher notes that the allotment of state control’s organs with these functions is the stimulus of additional administrative barriers’ origin.
THE CONCEPT OF MUNICIPAL COOPERATION
Author: Kamalova, Alina Rustemovna
Keywords: self-government, system, the municipality, cooperation
The article gives a detailed definition of "municipal cooperation" are determined by the characteristics of the concept and ways of development of the sphere of local self-government. The author shows well that the very concepts in Russia have not yet acquired its legal status. Nevertheless, despite the absence of a uniform legal interpretation of the municipal cooperation, the very possibility of his is not denied. Through a comparative analysis of several definitions of this concept by different authors, the possibility of cooperation and development, local government authorities and the State.
In today's State of the problem of training for local government. The author offers his vision of a solution to the problem, saying that the unions of municipalities may be retraining and training through courses, both short-and long-term, in specialized centers, either through a visit of specialists-teachers directly at the place of training.
Having considered several examples, the author concludes that Russia's law-making has yet to work on the full disclosure of the content of the term "inter-municipal", which is similar in meaning to the term "municipal cooperation" but did not reflect its entire completeness.
PECULIARITIES OF MUNICIPAL FORMATION HEAD’S RESPONSIBILITY
Author: Rezyapkin, Viktor Fedorovich
Keywords: head of municipal formation, responsibility, municipal formation population, state, a natural person, a legal person
The article deals with: peculiarities of making the head of municipal formation answerable for his actions as the highest official of a municipal formation
CONSTITUTIONAL PRINCIPLES OF A TAX SYSTEM IN RUSSIAN FEDERATION: THEORETICAL AND METHODOLOGICAL APPROACHES
Author: Sakson, Anna Leonidovna
Keywords: Constitution, tax system, right, principles
In article various approaches to essence of the principles of tax system within legal positions are considered. On the basis of the analysis of articles of the Constitution of the Russian Federation, resolutions Constitutional the vessels Russian Federation, the author represents the vision of the matter.
CONSTITUTIONAL LEGAL STATUS OF AUDIT CHAMBER RUSSIAN FEDERATION
Author: Tsapina, Tatiana Alexandrovna
Keywords: constitutional status, control, principles, functions
In article legal status of Audit Chamber of the Russian Federation in modern conditions is considered. The special attention is paid to the analysis of a functional purpose of Audit Chamber of the Russian Federation as institute of the constitutional control.
MILITARY REGULATIONS PETER I AND HIS ROLE IN THE ORGANIZATION OF MILITARY MEDICINE
Author: Pechnikova, Olga Glebovna
Keywords: Military Regulations, medicine, emperor, doctors, army, hospital podlekar, regimental doctor, Second-Major, Senate, Doctor
The paper analyzes the most important for the formation of the national military medicine regulatory act - Military Regulations, which was the first codification of the military medical legislation in the history of Russia. Particular attention is paid to those sections of the Constitution, which addressed various military medicine of health to the field of surgery.
INCORPORATION OR CODIFICATION: MODERNIZATION IN INTERPRETATION OF THE CHOICE OF POSSIBLE APPROACHES TO SYSTEMATIZATION OF RUSSIAN LEGISLATION IN THE 18TH – THE FIRST HALF OF 19TH CENTURY
Author: Taraborin, Roman Sergeevitch
Keywords: systematization of legislation, Civil Law of Russia, social and cultural traditions of Russian society, modernization theory
In this article the author explores the choice of possible approaches to the systematization of the Russian legislation in the 18th – the first half of 19th century. For more than a century attempts have been made to standardize legal acts. The author focuses on this problem from the viewpoint of the modernization theory. Incorporation and codification are considered as logically approved stages in the development of Russian Legislation, which form a basis for the continuity of both legal and social and cultural traditions of the Russian society.
LAW, SOURCES OF LAW, FORMS, AND ESTABLISHED PRINCIPLES: THE RELATIONS AND ATTITUDES IN MODERN LEGAL SYSTEM
Author: Shpilevoy-Shatsky, Pavel Anatolievich
Keywords: principles of law, the Company generally recognized principles of law, positivism, the theory of law, freedom, a sign, the legal system, international law, law, trends, legal awareness, legal nature
Debate about the nature of law as a legally meaningful category, including the ratio of its sources and forms, has always been present in scientific circles. They acquire particular importance in the modern period, when there is a major-evaluation of quality of legal criteria in terms of the development of law in the international community. Legal positivism and dogmatism disappearing Russian history. Changes and the active development of legal awareness of citizens worldwide processes of globalization and the integration of economic and legal processes- leads to the formation of new scientific developments in the field of law, including the emergence of a new theory of the generally accepted principles of law.
LEGAL QUALIFICATION (LEGAL ASSESSMENT) IN THE COURSE OF APPLICATION OF CONFLICT NORMS
Author: Maksimov, Gennady Borisovich
Keywords: legal qualification, social institutes, law of conflict, research, state
The urgency of this article is reflected in estimated and interfaced to it a valuable perspective therefore the right as the phenomenon with numerous valuable aspects necessarily demands application at its research of a valuable approach.
COURT PROTECTION OF RIGHTS AND FREEDOMS OF A PERSON AND CITIZEN IN THE PROCESS OF ITS RIGHT APPLICATION
Author: Prutyan, Oksana Vaganovna
Keywords: rights and freedoms, right applier, justice, the person, the judicial guarantee
Protection of the rights and freedoms by means of court is, first of all, personality self-defense of the person, but not protection of the person by court. Constitutionally guaranteed protection by court of the rights and freedoms of the person and the citizen is based on the fact that the function of justice belongs exclusively to the court and never and under no circumstances can be delegated to other public authorities.
SOME PROBLEMS OF LAW REGULATION IN CONDITIONS OF MODERNIZATION IN MODERN RUSSIA
Author: Kazakov, Gerasim Alexandrovich
Keywords: law, regulation, modernization, modern Russia
This article is devoted to learning of the issues of law regulations in conditions of modernization in modern Russia, including political and law spheres.
CATEGORY OF "PROPERTY" IN PRE-REVOLUTIONARY CIVIL LAW OF RUSSIA
Author: Shiriev, Vadim Azizalievich
Keywords: differentiation, property relations, patrimonial turn, public relations, property, civil turn, legal evolution, public relations, economic turn
Article is devoted to consideration and studying of the questions connected with a perspective of definition of the category "property" in pre-revolutionary Russia, since ancient Russia. The author considers opportunity understanding "category property", as set of the property rights of the same name on objects of material character and non-material property. The category "property" pays considerable attention to a debatable problem, concept definition.
POLITICAL AND LEGAL PHENOMENON OF TRUST IN MODERN SOCIETY
Author: Shumova, K.A.
Keywords: trust, political - legal space, the loss of trust
The article is devoted to present the problem of trust, as a political and legal mechanisms for the development of the state and the order of society. The subject of research are thought political and legal nature of the trust from the perspective of the mechanism of interpersonal, intergroup, inter-institutional relations in the political and legal space. The article explains the idea that trust in Russian society is focused on protecting the interests of citizens, the result of the government to regulate the relationship between the subjects of social relations, political and legal reality, expressed in terms of the law.
THE SIGNIFICANCE OF A CONTRACT IN THE MECHANISM OF CIVIL REGULATION OF ACQUISITION AND TERMINATION OF THE PUBLIC LAND OWNERSHIP RIGHT
Author: Akhmadeeva, Nailya Nafisovna
Keywords: legal regulation means, individual legal regulation, land plot, public property, land plot grant, land plot redemption, land plot attachment
This article analyzes the contract as a legal means of legal regulation of acquisition and termination of the public land ownership right. The nature of group is investigated as a way to enter into purchase and sell agreement of land plot. The author reveals the function of inter-industry agreement in the mechanism of acquisition and termination of the public land ownership right, combining administrative and civil courses of law.
LEGAL CONSEQUENCES OF DEFAULT AND REFUSAL OF EXECUTION OF SEPARATE VERSIONS OF TYPICAL CONTRACTS
Author: Mustafin, Raphael Failyevich
Keywords: the preliminary contract, secundar rights, the contract in favour of third persons
Abstract: the article is devoted to specific issues of non-fulfillment of model contractual structures, envisaged by the Civil code of the Russian Federation. The author comes to the solution of problems in the framework of the most popular civic concept – secundar rights.
ESTABLISHMENT OF ADMINISTRATIVE COURTS AS A PATTERN IN THE IMPLEMENTATION OF THE PRINCIPLE OF ACCESS TO JUSTICE IN CASES ARISING FROM PUBLIC LEGAL
Author: Vlasov, Evgene Vassilievich
Keywords: Supreme Court of RF, administrative court, administrative judicial proceeding, accessibility of justice
This article considers the problems, connected with the perspective establishment of administrative courts in the law system of Russia Federation Author cites the rational in favor of the view that establishment of administrative courts is a pattern in the implementation of the principle of access to justice in cases arising from public relation.
MODERN CIVIL CIRCULATION AND THE STATE AS A PARTICIPANT IN
Author: Inzhieva, B.B.
Keywords: civil circulation, state, subjective civil rights, civil matters
This article examines the nature of civil turnover, analyzes its development in the modern environment and the state's role in it as a member of civil turnover.
WAYS OF PROTECTION OF THE RIGHTS OF CONSUMERS UTILITIES: THE GENERAL AND SPECIAL
Author: Komarov, S.S.
Keywords: protection of the rights of consumers, traditional ways of protection, special ways of protection, utilities
This article is devoted to consideration of the actual problem connected with protection of the rights of consumers of utilities. The author gave the various bases of classification of ways of protection of the rights of consumers. Are defined, along with traditional ways of protection of the rights of consumers of the utilities, special ways of protection in the form of the additional rights realized in case of violation of a basic right of the consumer on quality: the right to decrease in the size of a payment for the provided low-quality utility and the right to release from payment of the provided low-quality utility. It is established that consumers of utilities, taking into account specifics of utility, can use as the civil ways of protection listed in Art. 12 of the Civil Code of the Russian Federation, and special.
GAPS OF THE LEGISLATIVE REGULATION OF CRIMES AGAINST LIFE AND THE HEALTH MADE ON IMPRUDENCE
Authors: Nasreddinova, Christina Aleksandrovna; Latypova, Dinara Mansurovna
Keywords: causing death on imprudence, not assistance to the patient, professional duties, medical care, careless crimes
Article is devoted to research of problem questions of legislative regulation of such careless crimes against life and health as causing death on imprudence, and also not assistance to the patient, changes in the legislative norms regulating criminal liability for these crimes are offered.
CONDITIONAL RELEASE FROM PUNISHMENT: PROBLEMS OF THEORY AND PRACTICE
Authors: Drozdov, Aleksey Igorevich; Orlov, Aleksey Viktorovich
Keywords: conditional early release from punishment, release from criminal punishment, deprivation of liberty
The article is devoted to the issues of legislative regulation and practice of early conditional release from punishment. Proposed changes necessary to improve the effectiveness of the legal Institute of the conditional release from punishment.
FULL COMPENSATION FOR DAMAGE CAUSED TO THE BUDGET SYSTEM OF THE RUSSIAN FEDERATION AS A RESULT OF AN OFFENSE UNDER ARTICLES 198, 199, 199.1 OF THE CRIMINAL CODE, AS A CONDITION OF EXEMPTION FROM CRIMINAL RESPONSIBILITY FOR CRIMES COMMITTED IN THE AREA OF ECONOMIC ACTIVITY (PART 1 OF ART. 76.1 OF THE CRIMINAL CODE)
Author: Vlasenko, Vladislav Vladimirovich
Keywords: exemption from criminal responsibility for crimes committed in the area of economic activity, the damage caused to the budget system of the Russian Federation, arrears, penalties, penalty, the decision of the tax authority
One of the main conditions for exemption from criminal responsibility for crimes committed in the area of economic activity (Part 1 of Art. 76.1 of the Criminal Code) is full compensation for damage caused to the budget system of the Russian Federation as a result of an offense under Articles 198, 199, 199.1 of the Criminal Code RF. Either in law or in theory there is no consensus on the concept of "damage the budget system of the Russian Federation." The article gives a detailed analysis of the existing opinions and prioritizes the most reasoned. In addition, the article explains the position that not all cases, the size of arrears in unpaid taxes can only be determined in the decision of the tax authority of the prosecution, which entered into force.
TO THE QUESTION OF CRIMINAL LAW REGULATION OF THE RULES THE USE OF WEAPONS BY SERVICEMEN
Author: Byazrov, Sergey Efimovich
Keywords: the use of weapons, circumstances excluding criminality of act
This article presents the author's opinion that the criminal law of Russia until the revolutionary events of 1917 has a long criminal-law history of estimating the use of weapons from the standpoint of exclusion or having reason to justice, provides, firstly, the possibility to use an adapted method of a reception of legal regulation of the branch of law. Secondly, such a method is proposed. Thirdly, the substantiation of a special criminal subjectivity of servicemen is presented and is defined by the legal fact that servicemen are in armed status.
PROBLEMS OF DIFFERENTIATION OF THE OFFENSES RELATED TO THE VIOLATION OF SAFETY REGULATIONS DURING CONSTRUCTION OF OTHER RELATED CRIMES
Author: Nikitochkina, Marina Victorovna
Keywords: the crimes, the crime, the distinction between the offenses set of crimes, the competition rules
The author discusses current problems distinguishing offenses related to safety hazards during construction on a number of other related crimes. Special attention is paid to the content and interpretation of the objective side of the crime under Art. 216 of the Criminal Code, in the construction industry.
SOME COUNTERMEASURES OF YOUTH EXTREMISM AT THE REGIONAL LEVEL
Author: Magomedov, Ibragim Sainutdinovich
Keywords: youth extremism, countering extremism, preventing extremism, regional study of extremism
The article considers some counters of the youth extremism in the Russian Federation
CRIMINAL LAW MEASURES AGAINST CRIMES MOTIVATED BY XENOPHOBIA
Author: Roschin, Alexei Sergeevich
Keywords: a crime, extremist activity, xenophobia, hate, law, responsibility
In this article the author focuses on of the various shapes of extremist activity on the basis of xenophobia and proposes certain measures to fight extremist-oriented crimes. The author of the article gives a wide analysis of the criminal law norms stipulated by a series of articles in the Criminal Code of the Russian Federation.
A JURY TRIAL IN THE LIGHT OF THE DOCTRINE OF THE NEW JURISDICTION
Authors: Mashovets, Asiya Okeanovna; Bosov, Artem Yevgenyevich
Keywords: jurisdiction, criminal procedure, trial by jury, the composition of the collegial
This article analyzes trends in the Institute jurisdiction of criminal cases. It discusses the central themes of the new jurisdiction of criminal cases. In this regard, a forecast about the prospect of the existence of a jury in Russiais given. It was criticized proposals for reducing the proportion of criminal cases before the collegial.
A PUBLIC PROSECUTOR IS A LEADER OF PRE-TRIAL INVESTIGATION
Author: Yurchishin, Vasiliy
Keywords: public prosecutor, investigator, directorate of public prosecutions, judicial guidance
The article is devoted research of problems of legal position of public prosecutor on new UPK of Ukraine as a judicial leader of pre-trial production. Formed suggestion for abolition of contradictions and collisions which arise up during a pre-trial production.
PROBLEMS OF DECISION-MAKING ON APPLICATION OF PROCEDURAL AND OTHER SECURITY MEASURES BY CRIMINAL CASE PRODUCTION
Author: Skripilev, Grigory Alekseyevich
Keywords: protection of witnesses and victims, criminal trial, investigation of criminal case, protected face, decision-making, contradictions and inconsistency of rules of law
Safety of participants by criminal case production includes application both procedural, and extra procedural security measures. In the criminal procedure law application of different types of the state protection of witnesses and victims isn't rather accurately regulated. Offered offers are directed on elimination of contradictions and change of h. 3 Art. 11 of the Criminal Procedure Code of the Russian Federation.
CRISIS OF THE STAGE OF CRIMINAL INVESTIGATION EXCITATION AND OUT OF IT ABSTRACT
Author: Neganov, Dmitry Aleksandrovich
Keywords: criminal proceedings, private-public prosecution, tax crimes, economic crimes
The paper analyzes the changes in the legislation that led to the crisis of the stage of criminal investigation excitation. Criticizes the creation of a special order of instituting criminal proceedings for tax crimes. Points to the shortcomings of private-public mechanism of excitation of criminal offenses committed in the economic sphere. Notes the lack of authority of the prosecutor in the stage of a criminal investigation. The proposed reform of the stage as part of the reform of the preliminary investigation. The proposed reform of the stage as part of the reform of the preliminary investigation.
GUARANTEE THE RIGHTS OF SMALL AND MEDIUM-SIZED ENTERPRISES DURING THE STATE CONTROL (SUPERVISION)
Author: Spector, Asiya Akhmetovna
Keywords: state control (supervision), small and medium enterprises, and the system of safeguards and security measures, administrative controls, municipal control
In the article the guarantees and safeguards the rights and interests of small and medium-sized enterprises during the state control (supervision). The focus of the article is on the Federal Law "On Protection of legal entities and individual entrepreneurs in the state control (supervision) and municipal control."
ENSURING OF BUSINESS’S ACTIVITY’S SECURITY UNDER USA LEGISLATION
Author: Lyannoj, Gleb Gennadievitch
Keywords: antitrust law, monopolies, competitiveness, private detective agencies, assistance of small-scale business, business activity
In the article the author discerns the different prohibitions and controls, which direct at ensuring of business activity’s security and legality in USA, and also the programs of assistance of small-scale business, which help citizens to build their own business.
7.1. ПРИНЦИПЫ ОПРЕДЕЛЕНИЯ НАЛОГОВЫХ ЛЬГОТ: МЕЖДУНАРОДНЫЙ ОПЫТ
Author: Мирзоева, Афат Гадир кызы
Keywords: tax easy payment terms, the optimal rate, tax restriction, optional element
Надо признать, что отношения в сфере налогообложения от других видов общественных отношений отличаются своей динамичностью и гибкостью и воздействуют на состояние налогоплательщиков в различной степени. Потому и налоговое законодательство постоянно должен обеспечивать и защищать права и гарантии участников налоговых правоотношений. Содержание налогового законодательства должно быть продолжением и результатом положений Конституции Азербайджанской Республики. Другими словами, конституционные принципы должны найти свои отражения в налоговом законодательстве, в частности при определении льгот в отношении налогоплательщиков. Закон, конкретизируя правила исполнения налоговой обязанности, должен определить не просто содержание, а также механизм его исполнения и чёткое распределение налогового бремени. В результате распределения налогового бремени оказание не в равном материальном положении отдельных налогоплательщиков считается закономерностью. Однако с учётом платёжеспособности налогоплательщиков часть лиц вправе получать преимущества от общего налогообложения, которые должны быть закреплены специальными нормами.
SOCIAL CHANGES AND LAW INSTITUTES: ONTO THE PROBLEM OF SYSTEMATIZATION CHARACTER OF THE RUSSIAN LEGISLATION IN THE FIRST HALF OF THE 19TH CENTURY
Author: Taraborin, Roman Sergeevitch
Keywords: systematization of legislation, Russian civil law, social changes in the 19th century, theory of transition processes, neoinstitutional theory
In this article the author investigates some issues of systematization of the Russian legislation and the development of civil law institutes in the first half of the 19th century. These phenomena of state and legal development are explored in the context of social changes of this period. The author analyses state and legal development in relation to the social system and makes an attempt to apply the theory of transition processes and neo-institutional theory.
ON THE CONTENT OF A SIGN «ACTUAL DANGER» OF THE THREAT OF DEATH OR CAUSATION OF SEVERE PHYSICAL HARM
Author: Zhdanov, Yuri Aleksandrovich
Keywords: threat, murder, actual danger, harm, health
The article draws attention to the contradiction between theoretical and practical interpretations of a crime sign «if there is a reason to fear the realization of the threat». The author points out that this implies an incorrect representation about the corpus delicti.