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THE CONCEPT OF LAND RELATIONS, THEIR CLASSIFICATION AND STRUCTURE: CONSTITUTIONAL AND LEGISLATIVE ASPECT
Author: Varaksina, Irina Valeryevna
Keywords: principles of constitutional form of government, land relations, forms of land ownership, land use relations, protection of land rights of individuals and legal entities, the structure of land relations
The article discovers the constitutional bases of land relations, classifies them and defines the structure. It analyses the provisions of articles 8, 9, 16, 36, 33, 72, 80, 114, 130 etc. of the Constitution of the RF. It is proved that the Constitution issues the definition of the concept of land relations, the characteristics of land as the basis of human life and activities of people living on a relevant territory, the role of land as the basic constituent of economic backgrounds of constitutional system, classification of land relations, their subjects, objects and essentials.
ON THE DETERMINATION OF THE PHASES OF THE MONITORING OF LAW ENFORCEMENT
Author: Kozlovskaya, Olga Vassilievna
Keywords: monitoring law enforcement, monitoring stages, the preparatory phase, the main phase, the analytical stage, the practical stage, the final stage
This article is devoted to establishing milestones to monitor enforcement. Despite the importance and necessity of legislative consolidation phases of monitoring this aspect of official regulation in the Russian legislation has not received. The author offers his approach to the definition of monitoring stages, highlighting the preparatory, primary (which is divided into an analytical and practical) and final stages. The author describes the content of each of the stages and the necessity for its legalization.
SOME CONDITIONS OF LEGAL CHARACTER, WHICH ARE DEVELOP THE CRIMINAL CONTROL OVER THE MANAGEMENT AND ASSETS OF THE ENTERPRISE
Author: Isaev, Oleg Yurievich
Keywords: registration of legal entities, registration of rights to immovable property and transactions therewith, legal expertise, notarization of documents or transaction, the shareholder registry
The article discusses some conditions of legal character, which are to develop the criminal control over the management and assets of the enterprise. Among them are the disadvantages of the Federal law «On state registration of legal entities and individual entrepreneurs», Federal law «On state registration of rights to immovable property and transactions with it», disadvantages of notaries, the imperfection of the legislation on securities regarding the register of shareholders and other.
COPYRIGHT RIGHTS OF THE LEGAL ENTITY ON TV MOVIES: POSSIBLE AND ILLEGAL
Author: Lvova, Svetlana Vladimirovna
Keywords: copyright entity, copyright, the copyright of the original entity
So far, the jurisprudence is quite urgent issue of the original copyright holder for TV movies and the limits of copyright legal entity. This paper analyzes the theoretical views on the issue of copyright legal entity and the question is raised about one of the limits of copyright legal entity - it is impossible for the legal entity to have rights of authorship, as one of the powers of the author.
KEY FEATURES OF COMMERCIAL REPRESENTATIVE: ISSUES OF THEORY AND PRACTICE
Author: Ovcharenko, Maria Dmitrievna
Keywords: commercial representative, business activity, commercial secrets, fiduciary relationship, management
Annotation. This article analyses the main features of commercial representation, which allow to distinguish commercial representation from the similar private legal occasions. The conclusions of the article can be used in law enforcement.
WAYS OF OPTIMIZATION OF CIVIL PROCEDURE: EXPAND THE SCOPE OF THE WRIT PROCEEDINGS
Author: Shadlovskaya, Olga Dmitrievna
Keywords: writ proceedings, Justice of the Peace, writ, claim, administrative proceeding, fine
In this article the author proposes to expand the range of cases in which imposed a court order, at the expense of making them claim arising out of the case on administrative infringement of a sanction which is punishable by a fine.
THE LAW FICTION: ITS LOGIC-PHILOSOPHICAL AND CULTURE-HISTORICAL ANALYSIS
Author: Cherepanov, Vladislav Alexandrovich
Keywords: law fiction, indefiniteness in law relationships, fairness
This article outlines different aspects of law fictions: 1) philosophical: as instrument of thinking; 2) logical: as instrument connecting an archaic legal rule and a new situation; 3) culture-historical: establishing of law fictions.
ОБЕСПЕЧИТЕЛЬНАЯ ПРИРОДА ЭСКРОУ
Author: Konevina, Yulia Leonidovna
Keywords: escrow, maintenance measures, deposition, decrease in legal risks
In view of forthcoming introduction in the Civil code of the Russian Federation of chapter devoted to conditional deposition (escrow), the legal nature of the given institute, including it maintenance the nature directed on decrease of risks of participants civil-law turn is analysed.
PREREQUISITES FOR DEVELOPMENT OF SYSTEM OF INFORMATION'S PROVISION OF CADASTRE AND RIGHTS REGISTRATION
Author: Kamynina, Nadezda Rostislavochna
Keywords: cadastral accounting, information's provision of cadastre, rights registration
Earth - it's not just a space where people live, but also the means of production and, therefore, the land is one of the main resources for human existence. The concept of real estate has appeared consequently, as a result of a complex and long process of human interaction, the political, legal and economic institutions, as well as the physical environment. The division of land for real estate - it's not just a geometric operation, it also includes the process of defining and distribution of property rights.
LEGAL STUDY ON THE ISSUES OF CONCLUSION OF THE EMPLOYMENT CONTRACT ON THE LAW OF THE REPUBLIC OF ARMENIA
Author: Zakharyan, Arevik Yurievna
Keywords: employment contract, job description, forms of employment contract, work book, compulsory medical examination, test, Union
This article is a study of the provisions of the labor legislation of the Republic of Armenia, devoted to the Institute of conclusion of the employment contract, identify existing problems and propose directions for their permission.
CRIMINAL-LEGAL MEANS OF ENSURING RELIGIOUS SECURITY IN RUSSIA: ON THE CHANGES MADE FOR 2012-2013 IN ARTICLES NO. 148 AND NO. 239 OF THE CRIMINAL CODE OF RUSSIAN FEDERATION
Authors: Tarasevich, Ivan Anatolievich; Kirillov, Dmitry Aleksandrovich
Keywords: an insult to the feelings of believers, criminal remedies, religious security, obstruction of freedom of conscience
In the article the authors analyze the changes made to the criminal code of Russia in 2012-2013, due to the new criminal policy in the sphere of religious security. The authors point to deficiencies text of the law, the obstacles to the implementation of the norms, stress the need to eliminate shortcomings, and to elaborate proposals on improving legislation, criminalization and decriminalization of several acts.
DIRECT OBJECT OF CRIME, ENVISAGED BY ARTICLE 186 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION
Author: Sokalsky, Boris Borisovich
Keywords: object of crime, subject of crime, provided by art. 186 of the Criminal Code of the Russian Federation, forgery of securities, forgery of money
This article provides the definition of direct object of crime, provided by art. 186 of the Criminal Code of the Russian Federation, considering properties of subject of this crime, that is urged to promote advancement of science of criminal law and correct qualification of crimes.
Authors: Tereschenko, Lyubov Sergeevna; Shebanov, Dmitriy Valerievich
Keywords: information, computer software, attack, fraud, extortion, blackmail, increased penalties
In an article on the problems of criminal law definition of crimes in the sphere of computer information, the responsibility for the commission of which provides for art. Art. 272, 273, 274 of the Criminal Code, the authors have focused on acts for financial gain focus. The authors of specific proposals to improve certain provisions of the criminal law that could improve the effectiveness of the criminal justice response to these crimes.
PROBLEMS OF STATUTORY REGULATION OF CHILD HOMICIDE
Author: Luneva, Anna Vladimirovna
Keywords: child homicide, criminal legislation, child, new-born child, the starting point of life preservation, child murder, infanticide
This article reflects the main conclusions of the author made having analyzed the criminal law provisions, implying responsibility for child homicide in Russia and in countries of Romano-Germanic and Anglo-Saxon legal systems/
SOME OF THE PROBLEMATIC ISSUES OF QUALIFICATION OFFENSE UNDER PART 2 OF ARTICLE 322 OF THE CRIMINAL CODE
Author: Korzhaev, Yuri Mikhailovich
Keywords: crossing of the state border of the Russian Federation, point over the border, foreign national, customs border
The paper presents the problematic issues of the offense provided of Article 322 of the Criminal Code. Makes proposals to amend the relevant legislation.
THE APPLICATION OF THE FEDERAL LAW "ON PROTECTION OF CHILDREN FROM INFORMATION HARMFUL TO THEIR HEALTH AND DEVELOPMENT"
Author: Borovikova, Viktoria Valerievna
Keywords: information, criminal policy, children, health, development, pornography
This article analyzes Federal Law Russian Federation «On protection of children from information harmful to their health and development». The author suggests ways to address the gaps and inconsistencies in the law.
CRIMINOLOGY PSYCHOLOGY PERSONALITY CHARACTERISTICS OF TERRORIST-MISSIONARY
Author: Lebedeva, Irina Nikolaevna
Keywords: terrorism, terrorist, missionary, bomber, fanatic ideas
This article told about criminological and psychological characteristic of terrorist-missionary. The main traits of this terrorist personality were showed. The goal of this article is to research the person of terrorist-missionary («fanatic ideas»).
PROBLEMS OF PROFESSIONAL ACTIVITIES SPECIALIST IN THE CONSTITUTIONAL COURT THE RUSSIAN FEDERATION
Author: Zhdanov, Sergei Pavlovich
Keywords: Specialist, Federal Law "On the work of the expert in the Russian Federation", knowledgeable persons in the special knowledge, the Constitutional Court of the Russian Federation
This article discusses the constitutional problems and their solutions in the professional field specialist.
ЗАКОННЫЕ ОСНОВАНИЯ И ПРОЦЕССЫ ПОДТВЕРЖДЕНИЯ ФАКТА ПОДЛЕЖАЩЕГО ВОЗМЕЩЕНИЮ ПРИЧИНЁННОГО ВРЕДА
Author: Aminat, Ibragimova Ibragimovna
Keywords: lawful bases and processes of confirmation a fact of the caused harm subject to compensation, civil plaintiff, sufficient proofs, civil defendants
В статье автор отмечает, что для подтверждения факта причинённого физического, имущественного или морального вреда, подлежащего возмещению, пострадавшему лицу, как потерпевшему и гражданскому истцу, необходимо подать соответствующее исковое заявление в судебные или арбитражные органы, а также представить достаточные доказательства, которые могли бы стать несомненным основанием для взыскания с лиц (гражданских ответчиков), обязанных возместить причиненный вред.
LEGAL FRAMEWORK LAW ENFORCEMENT AGENCIES AND INTELLIGENCE AGENCIES TO COUNTERTERRORISM
Author: Rumyantsev, Andrey Yurievich
Keywords: counter, activity, law enforcement, terrorism, terrorist act, disclosure, crime, counter-terrorism operation, safety
This article discusses legislative acts of the Russian Federation, both in combating terrorism. It is proposed to distinguish between "terrorism" as a socio-political and criminal phenomena and of "terrorist act" as a specific crime. From the standpoint of the theory of criminal law, criminal procedure and criminology justified the use of the terms "terrorist crimes", "terrorism", "terrorist attacks", "terrorist crimes".
FORENSIC CHARACTERIZATION OF ILLICIT TRAFFICKING OF PRECIOUS METALS AND PRECIOUS STONES (BASED ON CONDUCTED RESEARCH)
Author: Nikonovich, Sergey Leonidovich
Keywords: forensic characterization, its elements, structure, content, illegal circulation of precious metals and precious stones, illegal storage, transportation, transfer of precious metals and stones, conditions conducive to this type of crimes
The article is dedicated to the forensic characterization of trafficking of precious metals and precious stones, in which the author reveals the quantitative and qualitative indicators of the content of the elements of its structure.
ON THE CONCEPT MECHANISM OF AN INVESTIGATIVE SUPPORT AND ELEMENTS
Author: Skolotnev, M.A.
Keywords: legal framework, operational and search software, law, organization, methodology, detection and investigation of crimes, legislation
This article discusses the concept of a legal mechanism, the operational-search focus of this work is the mechanism of an investigative support , the goal is the scientific study of elements constituting the mechanism of an investigative software, the result of this work was , that it serves as a link between the general statutory provisions on operational and investigative activities and the implementation of operational- search activities conducted for the purpose of detection and investigation of crimes , the structure of which can be divided into three components such as: the legal component , the organizational component and a methodological component .
ORGANIZED CRIME IN AGRICULTURE MARKET SPHERE: CONCEPT, MAIN FEATURES AND DEVELOPMENT TENDENCIES IN MOSCOW REGION
Author: Tarverdiev, Orhan Tahirovich
Keywords: organized crime, tendencies of organized crime, Moscow region, agricultural market, interior bodies
The article shows the most criminogenic zones of agricultural market in Moscow region, which are under control by organized crime: agricultural products, food products, lands of agricultural means, material and techniques resources (mineral fertilizers, fuel etc.), credit service. Forms of criminal control over agricultural objects and criminal factors that help spreading of organized crime are analyzed.
ROLE AND PLACE OF PERIODICAL PRESS IN PROSECUTOR ACTIVITY OF LEGAL CULTURE INCREASE
Author: Mamatov, Maxim Vladimirovich
Keywords: The Public Prosecution Service, juristic education, Mass media, periodical press, rubric, speeches
This article describes the Public Prosecution Service’s current state and experience in application of periodical press in juristic advisement of the population. The author analyzes priority directions and key forms and methods of this field of work, states a number of methodic aspects on topical issues of the regulatory agency practice in appropriate legal relationship field. Relevant information is useful for prosecutors in practice, researchers, academics, doctoral candidates, postgraduate students, job-seekers, students of law faculties and schools, and mass media specialists.
THE CAUSES OF TRANSNATIONAL ORGANIZED CRIME
Author: Valeev, D.M.
Keywords: transnational organized crime, general and specific causes of crime
Transnational organized crime is a phenomenon that has deep reasons for its existence. They are distinguished from other causes of anti-social phenomena. In this regard, there is a need for clear scientific understanding of the causes and factors of crimes related to transnational crime.
REGULATION OF INNOVATION-DRIVEN GROWTH IN CIS: JURIDICAL ASPECTS
Author: Korzhenevskaya, Veronika Alexandrovna
Keywords: innovative space, normative legal regulation, innovative development, member states of the CIS, CIS Interstate Parliamentary Assembly, uniform and harmonization States Laws
The article examines the legal regulation of innovation development in the CIS countries, solutions to the problems posed national, regional and international levels, as well as the development of the conceptual framework at the regional level.
DELIMITATION FOREST DESTRUCTION OR DAMAGE, OR OTHER SIMILAR TREES FROM ADMINISTRATIVE OFFENCES
Author: Simonov, Arkadiy Grigorievich
Keywords: demarcation of the compositions, the competition rules of the crime, criminal responsibility, administrative responsibility, the forest, the administrative offense, offense
The article noted the similarity of the criminal destruction of or damage to forests (Article 261 of the Criminal Code) with administrative misdemeanors punishable as violations of sanitary safety in forests (Article 8.31 of the Administrative Code), and violations of fire safety in forests (Article 8.32 of the Administrative Code). The author defines the border between Part 3. 261 of the Criminal Code, which establishes criminal liability for pollution or other negative impacts on forest and other crops , and parts 2 and 3 tbsp. 8.31 of the Administrative Code : Part 2 of Art . 8.31. Administrative Code provides for administrative liability for pollution of forests wastewater, chemical, radioactive and other harmful substances, waste production and consumption, and (or) other negative impacts on forests, and Part 3 - for the same actions, but committed to protecting forests and specially protected areas of forests. The composition of the administrative offense is material, because includes not only a wrongful act, but also the result of malicious attack in the form of pollution of forests, as well as the determination of cause and effect.
In the article by addressing the issue of delimitation of the offense prescribed by Art. 261 of the Criminal Code of Administrative Offences under Art. 8.32 of the Administrative Code, it is proposed to take into account the environmental, economic, environmental and social value of forests.
НЕКОТОРЫЕ АСПЕКТЫ АДМИНИСТРАТИВНОЙ ОТВЕТСТВЕННОСТИ В СФЕРЕ ПРОТИВОДЕЙСТВИЯ ЛЕГАЛИЗАЦИИ (ОТМЫВАНИЮ) ДОХОДОВ, ПОЛУЧЕННЫХ ПРЕСТУПНЫХ ПУТЕМ, И ФИНАНСИРОВАНИЮ ТЕРРОРИЗМА
Author: Vitaly, V
Keywords: counteraction of legalization (laundering) of income, gained criminal a way, and to terrorism financing, administrative responsibility, jurisprudence
Настоящая статья посвящена отдельным вопросам административной ответственности в сфере противодействия легализации (отмыванию) доходов, полученных преступных путем, и финансированию терроризма по материалам судебно-арбитражной практики.
THE SPECIFIC OF ADMINISTRATIVE-LEGAL STATUS OF THE AUTHORIZED ECONOMIC OPERATOR IN MEMBER-STATES OF THE CUSTOMS UNION OF THE REPUBLIC OF BELARUS, THE REPUBLIC OF KAZAKHSTAN AND THE RUSSIAN FEDERATION
Author: Nekrasov, Dmitry Victorovich
Keywords: Customs union, authorized economic operator, administrative-legal status, special benefits
The separate elements of administrative legal status of the authorized economic operator in the Customs union of Russia, Belarus and Kazakhstan are investigated in this article taking into account the specifics of member-states’ legislation of the Customs union.
IDENTIFICATION AND EVALUATION OF «HIDDEN» AND «IMAGINARY» ASSETS AND LIABILITIES
Authors: Novoselova, Natalia Nikolaevna; Batchaeva, Seraphima Huseevna
Keywords: market environment, the enterprise, assets, functioning and development
This article discusses the role and significance of net assets in a market environment. The size of net assets for business entities are of particular importance excess of net assets over the authorised and reserve capital confirms solvency and the opportunity to do business at their own expense. But if the net assets in the reporting period according to the form-1 «Balance» is less than the authorized capital and reserve capital organizations, according to the Federal law «On joint stock companies» this may be the reason for its elimination.
НЕОБХОДИМОСТЬ ГОСУДАРСТВЕННОГО РЕГУЛИРОВАНИЯ ПРОМЫШЛЕННОЙ ПОЛИТИКИ
Author: Krasnyuk, Lyudmila
Keywords: state industrial policy, industrial complex, socio-economic development
Актуальность и необходимость государственной промышленной политики заключается в том, что для развития национальной экономики необходима дифференцированная и диверсифицированная государственная промышленная политика, направленная на развитие национального промышленного комплекса. В современных условиях государственная промышленная политика должна уделять больше внимания укреплению позиций отечественных промышленных предприятий, разработке и внедрению инвестиционно-инновационных программ промышленного развития.
PROMOTION OF HEALTHY LIFESTYLE ON THE BASIS PRIVATE-PUBLIC PARTNERSHIP
Author: Kasaeva, Tatiana Vladimirovna
Keywords: human capital, health fund production, mechanism of stimulation healthy way of life, partnership between state and business
In conditions of necessity of intensification health fund production, as the main component of human capital, it becomes highly topical to develop the system of measures stimulating healthy way of life, regarding the fact that healthy way of life is the basis of health fund production process. The article contains the mechanism of stimulation healthy way of life, based on partnership between state and business.
DIRECTIONS OF DEVELOPMENT OF THE GRADUATE SCHOOL: PECULIARITIES AND CONTRADICTIONS
Author: Mayorova, Natalia Victorovna
Keywords: reform of the higher education, human capital, education level, budgetary expenses, educational space
Article is devoted to political and economic problems of modern development of the higher education. On the one hand, the higher education became a key factor of development of the human capital. On the other hand, development of the higher education more and more is guided by the inefficient redistributive relations. It is offered to form the new economic relations connected with achievement of qualitatively new condition of the human capital.