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BICHAMBERAL MODEL OF A MODERN PARLIAMENT
Author: Bulakov, Oleg Nikolaevich
Keywords: Pralament, bichamberalism, parliamentarism, the separation of powers, the Federal State, the legislature, the subject of the Federation
In this work the author examines in detail the advantages and disadvantages of bikameral?noj model Parliament. Analyzes the theoretical findings of domestic and foreign scientists and researchers of parliamentarism comes to an interesting conclusion about the modern bicameral Parliament.
ABOUT IMPROVEMENT OF THE FEDERAL LEGISLATION IN THE FIELD OF NATIONAL SECURITY
Author: Chapchikov, Sergey Yuryevich
Keywords: safety, state security, national security, legal basis of safety, threat of national security, national priorities in the safety sphere
In article the condition of legal regulation of national security is analyzed and need of development and adoption of the complex law on national security locates.
PRINCIPLES OF FORMATION AND FUNCTIONING OF THE STATES OF THE CONFEDERATIVE DEVICE
Author: Azarov, Sergey Olegovich
Keywords: principles, state, legal status, sovereignty, international responsibility, independence, interaction, contract, conventional principles and norms of international law, mechanism of an international legal regulation, power, areas of jurisdiction
Article is devoted to display of a role and a place of the principles of equivalence, sovereign equality and international legal responsibility on the basis of which, from our point of view, the confederative states are formed and function. In it the concept, the contents and features of the named principles, their inseparability, an interaction duty with other international legal principles reveal.
THE PRINCIPLE OF LEGALITY AS A BASIS OF PUBLIC PROSECUTOR'S SUPERVISION IN THE SPHERE OF LOCAL GOVERNMENT IN THE RUSSIAN FEDERATION
Author: Boev, Alexander Alexandrovich
Keywords: officials, legality, local government, public prosecutor's supervision
Article is devoted to consideration of public prosecutor's supervision as necessary element of a legal mechanism of law enforcement in activity of local governments in Russia. The author allocated the factors breaking the principle of legality in activity of bodies and officials of local government.
THE FIRST ACT OF LEGALIZATION OF GAMES IN RUSSIA
Author: Tsakoyev, Arthur Akhsarbekovich
Keywords: gamblings, ban, loss, ruin, desire of a revenge, player
In presented article the author offers the view of the reasons of legalization of gamblings. and methods. At the same time, the author brings up a question of methods of legalization of not gamblings by their allocation from hazardous because they are based both on a case, and on ability of the player successfully, effectively to apply that set of cards which will get to it casually.
CONCEPT AND CONTENT OF HUMAN TECHNOLOGY
Keywords: personnel technologies, their concept and content
The article is devoted to the issues of nature and contents of human technology. Given the concept of human technology. The content of human technology.
PROBLEM OF A RATIO OF LEGALITY AND DISCIPLINE: THE GENERAL AND PRIVATE
Author: Alkhazov, Ivan Alexandrovich
Keywords: discipline, legality, law and order, sense of justice, legal culture
This article is about communication between legality and discipline is brought up. The general signs testifying to interconditionality, and also the criterion, allowing to distinguish studied categories are specified.
ENGLAND: THE DIFFERENCE BETWEEN LEGAL AND EQUITABLE ESTATES
Author: Krivenko, O.A.
Keywords: trust, use, common law, legal estate, equitable estate, Statute of Uses 1535
The article examines legal and equitable estates and accentuates the differences between them; it also throws some light on the reasons and consequences of passing the Statute of Uses of 1535 and reveals the influence made by the Statute on the later developments of modern trust.
GENERAL DESCRIPTION OF THE STRUCTURE ECONOMIC (ARBITRATION) PROCEDURAL FORMS
Author: Talykin, Evgeniy Anatolyiovich
Keywords: economic procedural form, structure, element, action, stage, production, operation
This article analyzes the general characteristics of the economic structure of the form of action. The author, referring to the relation of categories "structure" and "system" in the economic process, concludes that the dynamic nature of the mapping process, the structure of the form of action. Also refers to the components of the structure of economic procedural form.
THE STRUCTURE AND CONTENT OF THE COMMERCIAL DESIGNATION
Author: Kat, Zara Ruslanovna
Keywords: commercial designation, the structure of the commercial designation, the content of the commercial designation, the ratio
The article presents the author's reasoning and doctrinal positions for the structure and content of the commercial designation as a means of identification.
APPLICATION OF A PRESUMPTION OF GUILT OF THE SITE OWNER (SERVER) FOR PROTECTION OF INTELLECTUAL PROPERTY WHEN USING FILE EXCHANGE NETWORKS
Author: Kondrashov, Maksim Sergeevich
Keywords: intellectual property rights, the presumption of guilt, the exemption from civil liability, file-sharing networks
For protection of interests of owners it is offered to enter into the Civil Code of the Russian Federation a presumption of guilt of violation of the intellectual rights the owner of the server, giving opportunity to the third parties to carry out by means of a file exchange network loading of files on the server; the owner of the server has to be exempted from civil liability when granting by it this, necessary for identification of the person which has carried out loading of files on the server.
ON THE LEGAL STATUS OF THE OWNER OF RAIL INFRASTRUCTURE IN RELATIONS OF GIVING VEHICLES AND TRANSFERRING OF GOODS FOR CARRIAGE BY RAIL
Author: Ermak, Alexey Dmitrievich
Keywords: rail infrastructure, owner of rail infrastructure, obligation relations, transport contracts, relations of giving vehicles and transferring of goods for carriage by rail, railway reform
The article is devoted to the legal status of the owner of rail infrastructure in rail transport relations. The questions of his involvement in relations of giving vehicles and transferring of goods for carriage by rail have been analyzed. The author notes that the owner of rail infrastructure interacts with the carrier within these relations, as a party to the service contract for the use of infrastructure and the agreement of the request of the consignor is one of the elements of its execution.
CURRENT ISSUES IN REGULATION EXPROPRIATION OF PROPERTY: CONSTITUTIONAL AND LEGAL ASPECTS
Author: Khludneva, Julia Nikolaevna
Keywords: the right to private property, forced seizure, property, real estate, the state needs
The article is devoted to the problems of forced seizure of property for public use. The necessity of adopting a special law establishing the general conceptual provisions of the forcible withdrawal of private property.
RULES OF CRIMINAL LIABILITY FOR FAILURE TO PERFORM DUTIES FOR THE UPBRINGING OF A MINOR IN NEED OF FURTHER IMPROVEMENT
Authors: Tasakov, Sergey Vladimirovich; Kupirova, Chulpan Sheukatovna
Keywords: liability, children, minor, cruelty, violence
Article is devoted to improving the standards of liability for failure to perform duties for the upbringing of a minor (article 156 The Criminal Code Of The Russian Federation). Criminal Code Of The Russian Federation article 156-1 is proposed to add "The intentional infliction of traumatic situations".
THE PRINCIPLE OF SYSTEMIC LAW IN THE LEGISLATIVE REGULATION OF THE ACTIONS OF CRIMINAL LEGAL NORMS IN TIME AND IN SPACE
Author: Reshnyak, Maria Genrikhovna
Keywords: blanket characteristic, law in time, law in space, rule, systematic approach, criminal law
The article describes peculiarities and issues connected with blanket criminal and legal rule functioning in time and space. The author provides with the ways of improving the corresponding criminal and legal rules.
ANALYSIS OF NARCOSITUATION IN RUSSIA (ON THE BASIS OF THE REPUBLIC OF BASHKORTOSTAN)
Authors: Asmandiyarova, Nailya Rimovna; Linevich, Vladimir Leontyevich
Keywords: drug addiction, narcosituation, narcocontingent, narcocriminality
This article touches upon the special research of narcosituation in Russia and especially the narcosituation in the Republic of Bashkortostan. The authors of the article substantiate the necessity of the further development and instillation of governmental monitoring of narcosituation in Russia, on the basis of the Republic of Bashkortostan.
CRIMES AGAINST THE ORDER OF SAVINGS MILITARY EQUIPMENT AS A CRIME TO MILITARY SERVICE
Author: Kamaev, R.R.
Keywords: military criminal, military property, criminal liability, destruction and damage, loss, order savings
This paper attempts to define the place of the compositions of intentional destruction or damage of military property, destruction or damage of military property by negligence, loss of military property (Article 346-348 of the Criminal Code) in the crimes against military service in Chapter 33 of the Criminal Code, as well as in general in the Special Part of the Criminal Code of the Russian Federation.
The author points to the existence of such a legal category as "crimes against military property" and "attacks on military property" used along with the concept of "crimes against the order of savings military equipment." This category combines all the offense under the Criminal Code, on the subject of attacks - military property.
ON THE DISTINCTION BETWEEN CRIMINAL-LAW AND CRIMINALISTICS CONCEPTIONS OF MODUS OPERANDI
Author: Nickolaev, Vyacheslav Yurievitch
Keywords: modus operandi, criminal act, crime preparation and concealment
Modus operandi is being studied not only in the crimimal law science, but also in criminalistics, criminal procedure law, criminology, in each science the concept of modus operandi is being settled in different ways. Author comes to the conclusion about inadmissibility of inclusion in the concept of modus operandi actions of crime preparation and concealment, that criminal law concept of modus operandi must be the basic for all sciences of criminal cycle.
ON THE ISSUE OF THE CONTENT OF CONCEPT "PAYMENT CARD" IN ARTICLE 159.3 CRIMINAL CODE OF THE RUSSIAN FEDERATION
Author: Basov, Andrey Aleksandrovich
Keywords: fraud, payment card, bank card, data carrier, instrument of payment, non-cash transfers, settlement (debit) card, credit card, the prepaid card, trading card
The article reveals the concept "payment card", which is a novelty for the native criminal law. The author analyzes the existing positions of scientists and applicable principles of law of the bank sphere in order to establish the definition of the term "payment card" and its species, it is necessary for the proper qualification of act under article 159.3 of the Criminal code of the Russian Federation.
SCIENTIFIC AND TECHNOLOGICAL PROGRESS AND THE PROBLEMS OF IMPROVING CRIMINAL PROCEDURAL LEGISLATION
Authors: Popova, Irina Alexeevna; Zinchenko, Igor Anatolievich
Keywords: procedural criminal law, evidence, source of evidence, material evidence, documents, applications to the report of investigative actions
Procedural and legal nature of the materials received, as a result of using technical means in investigation are analyzed in the article. The proposals based, on the author’s opinions, current criminal procedural legislation. Gives suggestions speak out for its perfection. Used the experience of foreign countries lawmaking.
TO THE QUESTION OF THE HUMAN’S ROLE AND THE PLACE OF EMOTION IN THE ORGANIZATION OF PROOF IN PRE-TRIAL PROCEEDINGS IN CRIMINAL CASES OF THEFT COMMITTED IN THE FORM OF FRAUD
Author: Solovyev, Vasiliy Vladimirovich
Keywords: the role of the individual, the organization of proof in criminal cases on the embezzlement committed in the form of fraud, of activity, the mechanism of decision-making, logic, emotions
The article is devoted to the study of the role of personality and place of emotions in the organization of proof in pre-trial proceedings in criminal cases of theft committed in the form of fraud. Grounded, according to which the formation and development of the person is carried out in activities. Activities serves as the characteristics of personality. It was explanation of the place of emotions in the organization of proof in criminal cases on the embezzlement committed in the form of fraud.
ON THE SYSTEM OF THE PRINCIPLES OF CRIMINAL PROCEDURE AS A COMPONENT INSTITUTIONAL ARRANGEMENTS NATIONAL SECURITY RESOURCES DOMESTIC CRIMINAL JUSTICE
Author: Panshin, Valdimir Igorevich
Keywords: national security, a system of principles, criminal procedure, criminal justice resources, cultural system, social system
The article is devoted to the study of the principles of criminal procedure as a national security resources of the criminal procedure. Produced understanding of the principles of the criminal process through the lens of activity. Grounded system-start system of principles of criminal procedure in the field of national security.
ORGANIZATION AND METHODS OF STATE-PATRIOTIC CEREMONIES IN THE BODIES OF INTERNAL AFFAIRS
Authors: Majurov, Nikolay Petrovich; Trofimova, Tatyana Aleksandrovna; Aliyev, Jakub Ломaлиeвич
Keywords: state-Patriotic rituals, historical continuity, moral education, professionalism
In the article the essence of public-Patriotic rituals and their role in the formation of professional qualities of employees of internal Affairs bodies, and the organization and methodology of the public-Patriotic rituals in the system of bodies of internal Affairs; recommendations on the improvement of the educational process in the formation of the Patriotic qualities of employees of internal Affairs bodies.
TO THE QUESTION OF THE PREVENTION OF CORRUPTION OFFENCES AMONG THE PERSONNEL OF THE BODIES OF INTERNAL AFFAIRS OF THE RUSSIAN FEDERATION
Authors: Majurov, Nikolay Petrovich; Bjalt, Victor Sergeevich; Gibov, Vladimir Vasilievich
Keywords: corruption, prevention of corruption, corruption offence, the bodies of internal Affairs
The article is devoted to the review of domestic and foreign experience of prevention of corruption among civil servants. The authors examine the main ways of fighting corruption among public civil servants of the Russian Federation, and also employees of the state bodies of foreign countries. On the basis of comprehensive analysis of the regulatory legal basis and law enforcement practice in the sphere of counteraction to corruption in bodies of state power in the article are formulated and substantiated by specific author's proposals aimed at elimination of corruption in the bodies of internal Affairs of the Russian Federation
LAW AS A SUBJECT AREA STRATEGIC ANALYSIS
Author: Asanov, Nauazi Hyzyrovich
Keywords: strategic analysis, law enforcement, the object of analysis
The article deals with the methodological approaches to law enforcement as an object of strategic analysis. According to the author, it is a strategic analysis tool for identifying consistent trends in law enforcement.
IMPROVING LAW ENFORCEMENT FMS RUSSIA IN SECURITY SOFTWARE MIGRATION
Author: Lyannoy, Vladimir Anatolievich
Keywords: law enforcement and immigration security, security, migration
The article deals with the main directions of both organizational and legal support of the law enforcement activities of the Federal Migration Service in the field of migration security. Furthermore, in the view of the author are also questions of information and analytical support for the activities of the Service.
TO AN ISSUE OF INTERNATIONAL LEGAL DEFINITION OF ILLEGAL CIRCULATION OF NUCLEAR MATERIALS
Author: Yavorskiy, Ilya Konstantinovich
Keywords: illegal circulation of nuclear materials, illegal distribution of nuclear materials, illegal acquisition of nuclear materials, moving of nuclear materials
In the article are considered theoretical questions of the conceptual apparatus of the international contracts regulating cooperation of the states in sphere of counteraction to illegal circulation of nuclear materials. In this article is carried out comparative-legal analysis of concepts "illegal circulation of nuclear materials", "illegal distribution of nuclear materials", "reception of nuclear materials", reflected in various international acts and in standards of the national law of the states. It is formulated the conclusion about scanty substantiveness of conceptual apparatus of the international contracts regulating cooperation of the states in sphere of counteraction to illegal circulation of nuclear materials; author's edition of separate terms for inclusion in the international contracts is offered and is proved.
CONTEMPORARY VIEWS ON THE ADMINISTRATIVE PROCEDURES AND THE ADMINISTRATIVE JUSTICE OF RUSSIA
Author: Vasil'yev, Fedor Petrovich
Keywords: administrative, official, law, inviolability, the President, right, offense, responsibility, theory, reform, official, jurist, justice
In this article by the author are touched upon extremely urgent and interesting questions and problems for Russia. Article will be claimed not only by the wide circle of the readers, but also by legislators and by theorists. various branch sciences.
THEORETICAL ASPECTS OF THE ADMINISTRATIVE AND LEGAL REGULATION OF FINANCIAL RELATIONS
Author: Tkebuchava, Yekaterina Ekaterina
Keywords: administrative and legal regulation, providing state control and supervision, financial relations, the normative aspect, organizational and governmental structures
The author studies the mechanism of theoretical aspects of administrative and legal regulation of financial relations. With the help of financial relations the state collects, distributes, and uses the cash funds, which are necessary to meet the objective needs of the society. The normative aspect is the basis of the legal regulation, which is expressed in the development and legal enshrinement of the norms of behaviour of people.
ABOUT NEED OF DEVELOPMENT OF THE CODE OF PRODUCTION ON CASES OF ADMINISTRATIVE OFFENSES
Author: Gorb, Sergey Vasilyevich
Keywords: affairs production about administrative offenses, affairs production about administrative offenses, process, the code
In article the question of need of adoption of the Code of production on cases of administrative offenses and a situation in Russia on the matter is considered. The offer of specification of the name of the code and as expansion of its action not only on legal proceedings but also administrative bodies considering cases on administrative offenses locates.
RESTRICTION OF THE RIGHT ON INFORMATION DISTRIBUTION AS GUARANTEE OF INFORMATION SECURITY
Authors: Sintsov, Gleb Vladimirovich; Dudkov, Alexander Mikhaylovich
Keywords: information security, guarantees of information security, right to information distribution
Threat of information security in the sphere of spiritual development and welfare of society, is distribution of the data having negative impact on personal and public outlook.
Restriction of the right on freedom of thought and the word, information distribution, contains in a number of the constitutional rules of law ensuring national safety. Which are applied in case realization of the right to distribution of information is threat of national security.
However, in this case the constitutional values of a freedom of speech and bases of moral and safety of the personality and society protected by the Constitution of the Russian Federation conflict. The main objective in the solution of the specified problem, is finding of balance of spiritual self-realization of the personality and society with need of restriction in certain cases the rights to information, for ensuring national security.
RENDERING OF SERVICES IN AN ALTERNATIVE RESOLUTION OF DISPUTES PUBLIC ORGANISATIONS IN FOREIGN COUNTRIES
Author: Ivanovskaya, Nataliya Vladimirovna
Keywords: ADR, mediation, conciliation
The article highlights activity of public organizations on rendering of ADR services in, the Republic of France, the Netherlands and in the USA.
STRUCTURE OF A STATE SYSTEM OF THE SOUTH OF RUSSIA (1918-1920 YEARS)
Authors: Bogoslavskiy, Evgeny Alexandrovich; Kulakov, Vladimir Vladimirovich
Keywords: white guard movement, voluntary army, special meeting, national center, constituent assembly
The theme of the article is relevant and is of great scientific interest. State-legal construction of white government of South Russia is seen as a multi-dimensional scientific and socio-political issue.
Based on the analysis of significant factual material and literature from the Civil War, the work of Soviet and modern Russian authors, works of Western historians, the author reveals their state structure, deeply analyzes and identifies positive and negative sides, as well as the content and the adequacy of historical reality.
FROM LAW TO RULE OF LAW
Author: Bendera, Sergey Nikolaevich
Keywords: law, law, law, legal law, legality, rule of law, the dictatorship of the law
The paper analyzes the current views on the understanding of the importance of such a legal category as laws.
WHITE GOVERNMENTS VIEWS ON CONSTITUTIONAL DEVELOPMENT IN THE CIVIL WAR
Author: Zabolotskikh, Andrey Vladimirovih
Keywords: white government, constitutional law, civil war, government
The paper deals with constitutional development in White Russia during the Civil War. Views on the improvement of the country and received documents relating to constitutional development. The analysis of the provisions of the draft legislation on regions of anti-Bolshevik regime of alleged government.
COPYRIGHT FOR MUSIC DISTRIBUTED ON THE INTERNET: SUGGESTIONS FOR IMPROVEMENT TO THE LAW THEORY AND MAKING
Author: Illarionov, Vitaliy Sergeevich
Keywords: music, copyright, Internet, use of the product
The article deals with civil legal issues of copyright in musical works distributed on the Internet, the main attention is paid to their conclusions and proposals aimed at the modernization of the rules of the Civil Code and the formulation of the theoretical propositions about the nature of music and its use on the Internet.
THE RIGHT OF THE COURT TO REDUCE THE CONTRACTUAL FORFEIT AS A MANIFESTATION OF GOVERNMENT INTERVENTION IN THE PRIVATE-LAW RELATIONS
Author: Okriashvili, Timur Giorgievich
Keywords: government intervention, forfeit, private-law relations, the limits of intervention, right
The article deals with the problems of government intervention in private law relations, the author reveals the problem on the example of the right court to reduce the contractual forfeit. The study revealed the backwardness of the Russian legislation for the regulation of private relationships and insecurity principle of freedom of contract. An analysis of judicial practice related to cases relating to recovery of damages, judgments revealed disunity, which is a serious problem that needs urgent resolution. The analysis of the amendments to the Civil Code of the Russian Federation concerning the collection and reduction of the forfeit. Identified the need to modernize legislation relating to government interference in the private-law relations.