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POWERS OF LOCAL AUTHORITIES IN THE IMPLEMENTATION OF THE STATE HOUSING POLICY OF THE RUSSIAN FEDERATION
Authors: Kolokolova, Elena Olegovna; Kotlyarov, Sergey Borisovich
Keywords: Keywords and phrases: housing policy, powers of local governments, housing legislation, housing legal relationship
The article reveals the content of the notion «state housing policy», determines the importance and role of municipalities in the process of its implementation. Special emphasis is placed on the fact that local authorities play an important role in realization of the social rights and guarantees of housing rights of citizens to do this, they are given the wide scope of authority.
EVOLUTION OF THE NOTION OF THE CONSTITUTION IN VTH REPUBLIC IN FRANCE
Author: Karpenko, Konstantin Viktorovitch
Keywords: Constitutional Council, constitutional bloc, legal interpretation, constitutional principles and goals
The paper presents an analysis of the French Constitutional Council activity, which has led to a significant expansion of the original idea of ??the Constitution of 1958. Constantly exercising a legal interpretation of the Basic Law Vth Republic, the Constitutional Council has included in its content a number of important statutes and principles, that constitute the foundation of the republic tradition of modern France Thus was created the constitutional bloc, represents the main criterion of constitutional law and order.
At the same time, fragmentation and heterogeneity of the constitutional elements of the bloc allows the Council to apply its provisions in each case, guided by the circumstances of the particular test of law. This greatly tightens the control of constitutionality, but also increases the authority of the Council in the state mechanism of modern France. However, the absence of formal hierarchy in the content of the constitutional bloc raises a serious problem of its systematization.
The author examines the elements of the constitutional block of Vth Republic, analyzes the decisions of the Constitutional Council, which served as sources for each of them and suggest the possible ways of its systematization.
FEATURING ELECTORAL AND LEGAL CULTURE IN THE SOVIET PERIOD
Author: Aslanov, Zamir Velibekovich
Keywords: USSR, the institution of elections, electoral and legal culture
This article discusses the unique dynamics of the Soviet model of electoral and legal culture, which became the basis for the new Russian model. The author believes that its features are: 1) the transformation from the model with elements of popular representation (1920-1930s) to the unopposed totalitarian model, 2) the ideological basis of the intellectual and behavioral components, 3) active development of the emotional component in the one-party system; 4) the gradual development of absenteeism, 5) leveling values ??the suffrage of the citizen.
THE PROBLEMS OF REALIZATION OF THE CONSTITUTIONAL VALUE – RIGHT TO LABOR
Author: Khurmatullina, Alsu Makhmutovna
Keywords: constitutional value, labor, right to labor, the Constitution, measures of protection, the government, the Constitutional Court, the legal position, international law, the Council of Europe and the UN
The recognition of the right to labor is predetermined by social value of labor as a personal and public good. Proper implementation of the right to labor is an important and necessary condition for the realization of the basic constitutional right to life. In this connection it is necessary to have a real protection mechanism for right to labor.
THE ZOROASTRIA’S LAW: THE SYSTEM OF LAW OR LEGAL FAMILY
Author: Khalikov, Abdurahim Gafforovich
Keywords: Zoroastrizm law, the system of law, legal family, legal system, lawmaking, zoroastrizm, Akhura, “the book of thousand court’s decisions”, Mazde, Vandidod
The Zoroastria law as an independent family of law claim to this status because it operated about thousand of years in different regions of ancient East that were differ from each other on culture, tradition and religious belonging. Zoroastrizm gathered them in united religious territory and left noticeable sign in legal unity of these nationalities who lived under it’s aegis for a long time. Time by time these nationalities which were surrounded by other countries and had frontiers with them develop zoroastrizm’s law on their own way, developed separate direction and tendency of this family.
INTERNATIONAL JURIDICAL COLLABORATION OF RUSSIA CONCERNING STRUGGLE AGAINST A SLAVE - TRADE (THE HISTORICAL ASPECT)
Author: Tretyakova, Ekaterina Sergeevna
Keywords: history of international law, slavery, the slave trade, the Congress of Vienna
The article touches upon a historical aspect of the struggle against a slave – trade in the Russian state in XVII – XIX centuries. The major attention is paid to the collaboration with the European countries concerning a struggle against a Negroes – trade. The main intergovernmental meetings on the solution of this problem are pointed in the article, they are: the Viennese congress, conferences in London, Ahen, Berlin, Brussel. The article throws the light upon intergovernmental measures on a Negroes – trade suppression and the fact that this process is announced criminal in accordance with the internal legislation.
LEGAL FEATURES STOLYPINSKIKH OF AGRARIAN TRANSFORMATIONS OF THE BEGINNING OF THE XX CENTURY
Author: Kotlyarov, Sergey Borisovich
Keywords: Keywords and phrases: agrarian reform, legal features, legislation of the pre-Soviet period, stolypinsky reform
This article examines the legal peculiarities of implementation of Stolypin's agrarian reform. Analyzed various normative-legal acts of the early twentieth century. Based on the conducted research the author makes the conclusion about the progressiveness and efficiency of agrarian reforms carried out in Russia in the early twentieth century.
TEENAGE CRIME CHARACTERISTICS, SYSTEM OF STRUGGLE WITH TEENAGE CRIME IN RSFSR 1975-1979. (STEP FROM REAL STRUGGLE WITH TEENAGE CRIME IN RSFSR 1975-1979 TO ITS SIMULATION)
Author: Krasnov, Dmitry Anatolyevich
Keywords: Crime of minors in RSFSR, statistical data on crime of minors, state-of-the-art reviews of prosecutor's office of RSFSR, the number of the minors who have committed crimes, quantity of the crimes committed by minors, number of the condemned minors
In the present article the state policy in the field of fight against crime of minors in RSFSR in 1975 - 1979 is investigated. Article is based on the contemporary records for the first time introduced by the author into scientific circulation; in it the analysis of sources is also given, the reasons and the factors influencing rise in crime are surveyed. Results of research are compared with the works of other authors devoted to the specified problem.
ABOUT THE ROLE OF REGULATIVE FUNCTION IN MODERN SOCIETY
Author: Kovtun, Zlata Leonidovna
Keywords: law, regulation, role, regulative function
This article is devoted to learning of the role of law regulative function. The author analyses some questions of regulative function of law in conditions of modern Russia. The regulatory function of law in modern Russia should be adjusted in response to the crisis a number of social institutions and social adjustments.
ABOUT ETHNIC ASPECTS OF DEVELOPMENT OF MODERN RUSSIAN LAW IDEOLOGY
Author: Kazakova, Rimma Aleksandrovna
Keywords: ethnic problems, law ideology, society, norms of law, ethnic values
This article is devoted to issues of ideological influence of law in context of ethnic problems. We must move to harmonization of national mentality and law ideology.
ABOUT DEVELOPMENT OF LAW CULTURE OF MODERN RUSSIA IN CONDITIONS OF MODERNIZATION
Author: Kazakov, Gerasim Aleksandrovich
Keywords: law, law culture, regulation, modernization, modern Russia, social values
This article is devoted to learning of the issues of law culture in conditions of modernization in modern Russia, including in aspect of new social values. Requires critical analysis of the impact of modernization and globalization on the legal elements of the culture of modern Russia.
SYSTEM OF CONTRACTS IN THE SPHERE OF SOCIAL ENTREPRENEURSHIP
Author: Grishina, Yana Sergeevna
Keywords: social entrepreneurship, entrepreneurial contract, system of social entrepreneurial contracts
The article is an attempt of revealing of particularities of legal order of the social entrepreneurial contracts according to the thesis about contract efficiency as means of social entrepreneurship regulating.
HISTORY OF CIVIL PROTECTION OF BUSINESS REPUTATION IN EUROPEAN STATES
Author: Gusalova, Angela Ruslanovna
Keywords: business reputation, non-property value, indemnification of moral harm, damage, legal communication
This article elaborates on the historical aspects of the occurrence and development of civil protection business reputation in European States. The question about the legal regulation of competition and monopolistic activities in the context of the protection of business reputation.
THE SYSTEM OF CITIZENS’ HOUSING NEEDS AND CIVIL INSTRUMENTS OF MEETING THOSE NEEDS
Author: Selivanova, Evgenia Sergeevna
Keywords: citizens’ housing needs, citizens’ need for housing, property needs, the mechanism of legal regulation, legal system, tenancy agreement
The article describes the content of the concept of «the housing needs of citizens», their system, the place and the role of citizens’ need for housing in this system are defined, civil instruments of meeting that need are defined. The author makes a conclusion that the system of civil instrument for meeting citizens’ housing needs depends on the type of legal system, element of which those needs are. Based on the Russian legal system analysis it is made a conclusion that in its conditions the most effective civil instrument for meeting citizens’ housing needs is a tenancy agreement.
К ВОПРОСУ О ПРОБЛЕМЕ НЕСОСТОЯТЕЛЬНОСТИ (БАНКРОТСТВА) ТОВАРИЩЕСТВ СОБСТВЕННИКОВ ЖИЛЬЯ, ЖИЛИЩНЫХ И ЖИЛИЩНО-СТРОИТЕЛЬНЫХ КООПЕРАТИВОВ
Author: Свечникова, Ольга Александровна
Keywords: insolvency (bankruptcy), homeowners partnership, housing and construction cooperative, developer, property liability
В данной статье представлен анализ проблем совершенствования законодательства о несостоятельности (банкротстве) товариществ собственников жилья, жилищных и жилищно-строительных кооперативов. Автором рассматриваются предложения по изменению нормативно-правового регулирования отношений в сфере банкротства указанных юридических лиц.
THE STATE, DYNAMICS AND THE STRUCTURE OF MURDERS IN ABKHAZIA
Author: Kolbaya, Madina Beslanovna
Keywords: Murder, intentional cause of death, crime against life, criminal code of Abkhazia, state, dynamics, structure, Abkhazian society
At the turn of the XX-XXI centuries the criminal violence became widely spread in the Abkhazian society. The high level of the violent crime has been for a long time, the highest of which has been observed since 1993. First of all it was connected with the Civil War on the territory of Abkhazia in 1992-1993. The current situation was quite natural for the post-war period not only for Abkhazia, but also for all other countries faced with the similar problem. Therefore, the law enforcement authorities of Abkhazia had to mobilize maximum efforts for the stabilization and as the result for the decrease of the crime level.
CRIMINAL LEGAL DESCRIPTION OF THE DESTRUCTION OR DAMAGE OF FOREST AND OTHER PLANTATIONS
Author: Simonov, Arkadiy Grigorievich
Keywords: criminal legal description, the object of the crime, forest plantations, forest vegetation, the objective side, destruction, damage, mental element, intent, negligence, the perpetrator, the age of criminal responsibility
In the study of criminal justice characteristics of the destruction or damage of forest plantations and other author has specified the total , genera, species, and the direct object of the destruction or damage of forest and other vegetation . Offers an introduction to art. 261 of the Criminal Code the term " forest and other vegetation " instead of the definition of " forest and other plantations " and to consider the subject of a criminal assault and other forest vegetation, the analysis of the objective side of the crime under consideration , it was found that a socially dangerous act committed by him can be expressed in the form action and inaction. Destruction or damage of forest and other vegetation is a consequence of the crime , not an act of action or inaction. An analysis of criminal characteristics subjective signs of destruction or damage of forest and other vegetation, the author came to the conclusion that an offense under Part 1 . and Part 2 of Art . 261 of the Criminal Code , by virtue of direct guidance on how the law can only be committed by negligence . Destruction or damage of forest and other vegetation by arson or other generally dangerous method can only be intentional. Destruction of forest and other vegetation by contamination or other adverse effects may be committed as deliberately and recklessly . It is proposed to reduce the age of criminal liability for intentional crimes under Art . 261 of the Criminal Code , to 14 years.
SOME QUESTIONS OF SELF-DETERMINATION OF CRIMINALITY
Author: Makarov, Victor Vladimirovich
Keywords: causes of crime, system approach, self-determination of criminality
The article is devoted to one of the reasons for the crime of self-determination. However, crime is seen as a social system with its inherent characteristics in line with the General theory of systems. One of such features is reproducing itself, which is in contact with the favorable external environment leads to self-determination of criminality. Thus, there is a development of crime, its growth or maintenance of at a certain level.
METHODOLOGICAL APPROACHES TO THE DEFINITION OF THE CRIMINAL-TERRORIST PERSONALITY
Author: Buchaev, Said Maratovich
Keywords: methodological approaches, personality, a criminal-terrorist, socio-biological features, spiritual and moral characteristics
The article considers different approaches to the definition of the criminal-terrorist personality. The authors’ formulates the definition of the criminal-terrorist personality based on the study of different points of view of scientists.
PROBLEMATIC ASPECTS OF THE SUPERVISORY PROCEDURE OF APPEALING IN RUSSIAN CRIMINAL COURT PROCEEDINGS
Author: Stroykova, Anastasiya Sergeevna
Keywords: criminal procedure, supervisory procedure of appealing, reformatio in pejus, victim, convicted criminal
The author analyses the changes of the criminal procedure of appealing of the court determinations in the supervisory order and substantiates the conclusion of the necessity of eliminating the drawbacks of the legal regulation of the ensuring of the trial participant rights to appeal against court determinations which have already entried into force according to the order of the supervisory procedure.
PROBLEMATIC ASPECTS OF THE LEGAL REGULATION OF THE CRIMINAL PROCEEDINGS IN THE COURT OF CASSATIONAL INSTANCE
Author: Fomenko, Aleksandr Nikolaevich
Keywords: cassational instance, appeal, victim, prosecutor, court determination
The author substantiates the conclusion of the necessity of eliminating the drawbacks of the legal regulation of the procedural order in the cassational instance being available in the Russian criminal procedural law.
ORGANIZATION AND EXECUTION OF THE CRIME SCENE DURING THE INVESTIGATION OF TERRORIST ACTS COMMITTED BY EXPLOSIONS
Author: Kravets, Ivan Petrovich
Keywords: production of the crime scene, terrorist act, explosive devices, technical and forensic tools, the investigation team, search and rescue operations
Relevance of the article is that an important source of information on terrorist acts committed by the explosions is the scene. Therefore, in the interest of rapid and effective detection of a terrorist act committed by the explosion is extremely important during the inspection of the scene to get as much information about the event in general, and of the identity of perpetrator (s). From the perspective of organizational and legal framework is essential is the fact that the activities of the investigator during the inspection of the scene includes the organizational and procedural activities. In this sense, the investigator or group of investigators at the same time is very difficult to efficiently and effectively implement and procedural and organizational activities.
Thus, seeks to identify the subject, which would be under the guidance of a procedural investigator engaged in organizational work. It is our deep conviction that neutralize the negative effects of congestion due to the investigator (of investigators ) for inspection of the scene at the site of the explosion is possible through an organizational transformation - the use of the capacity of staff search and rescue operations . As a result of this organizational transformation headquarters search and rescue turns to the subject of organizational work in the inspection of the scene at the blast site.
Such organizational transformation, in our opinion, will help to focus the efforts of investigators to establish the circumstances of the terrorist act committed by the explosion.
SOME ISSUES ARISING FROM THE IMPLEMENTATION OF RIGHTS DEFENDER FOR COLLECTING EVIDENCE IN CRIMINAL CASE
Author: Zhadyaeva, Marina Aleksandrovna
Keywords: advocate (lawyer), proofs, evidence, procedural form, questioning, interrogation, the record of persons with their consent solicitation, petition
The article discusses a number of issues regarding the implementation of the right to counsel of evidence in a criminal case. The author expresses his position on the right of the defense to interview a person with his or her consent at any time during the proceedings, as well as provide for in the Criminal procedure code of the Russian Federation events (death of a victim or witness, and their serious illness, etc.) under which a request for admission of survey protocol entity defense as evidence in the case file cannot be denied.
LEGAL REGULATION OF TRADITIONAL USE OF NATURE OF SMALL INDIGENOUS RACE IN THE NORTH IN THE REGIONAL LEVEL
Author: Toria, Rita Aleksandrovna
Keywords: the territory of traditional use of nature, small indigenous race, the property, legal protection
In this article the author writes us about legal regulation of traditional use of nature of small indigenous race in the North, Siberia..East on the regional level.
THE FEATURES OF LEGAL REGULATION OF THE TRADITIONAL USE OF NATURE IN KOMI REPUBLIC
Author: Toria, Rita Aleksandrovna
Keywords: small indigenous race, the territory for land use, reindeer, pasture
In this article the author tells us about features of legal regulation of the traditional use of nature. The main form of economic is reindeer, one of the most important problem in the sphere of land use is the problem of land use for reindeer.
STATE TAX POLICY AND PRIORITIES OF ITS DEVELOPMENT IN RUSSIA
Author: Moroz, Viktor Vladimirovich
Keywords: tax, due, tax department, tax administration (management), tax policy
Tax policy is a part of the financial policy. In the conditions of developed market relations the tax policy is used by the state for redistribution of tax revenues to changes in the production structure, territorial economic development, the level of profitability of the population.
THE MAIN DIRECTIONS OF DEVELOPMENT OF THE ADMINISTRATIVE-LEGAL STATUS OF THE AUTHORIZED ECONOMIC OPERATOR
Author: Nekrasov, Dmitry Victorovich
Keywords: Customs union, authorized economic operator, customs benefits, special simplifications, customs administration
The article contains the analysis of actual mode of legal institute and administrative-legal status of the authorized economic operator in the Customs Union of Belarus, Kazakhstan and Russia. Possible directions of their development are analyzed.
ADMINISTRATIVE RESPONSIBILITY OF OFFICIALS FOR VIOLATION OF THE PROVISION OF PUBLIC AND MUNICIPAL SERVICES
Author: Shishkin, Alexey Alexeevich
Keywords: administrative responsibility, official, public and municipal services
This article deals with the administrative responsibility of officials as one of the types of legal liability of officers. The peculiarities of administrative responsibility of the officials as opposed to criminal liability. Presented general theoretical description of the legal status of an official, industry -specific laws and the Russian legislation. In the article the author's commentary on Article 5.63 of the Administrative Code and is deemed to be making modifications to it by expanding the subject composition and the objective side of the offense.
ERADICATION OF MONEY LAUNDERING AND STRENGTHENING TAX DISCIPLINE
Author: Malahatkina, Elena Valerievna
Keywords: the national plan, money laundering, the unified state register of legal entities, the payment of taxes
The author of the article, taking into account the initiative of the President of Russia, underlines the need for all branches of government actively develop and apply such rules and measures that would exclude cases of money laundering and tax evasion. Describes the basic requirements for bodies registering and controlling organizations, individual entrepreneurs, individuals-non-residents.
INDECENT ASSAULT OBJECT: CRIMINAL LEGAL PROBLEMS OF INTERPRETATION
Author: Oberemchenko, Aleksandr Dmitrievich
Keywords: sexual abuse, sexual integrity of minors
In the article it is proved that infringing on sexual integrity (the main direct object), indecent assault, thereby disturb the normal physical and moral development of minors, as well as public morality (more immediate objects).