Версия на русском языке
The full text of the journal
THE VARIETY OF FORMS OF CIVIC PARTICIPATION IN THE MANAGEMENT OF STATE AFFAIRS
Author: Vladimirov, Dmitryi Andreevich
Keywords: civil society, participation of citizens, management, democracy, forms, protection
This article focuses on the various forms of citizen participation in the affairs of the state as well as trends in the development of the legislation of the Russian Federation in the field.
The task of this article is to appeal to a legal analysis of the forms of citizen participation in the affairs of the state and the current in the modern constitutional law of their classifications.
The paper analyzes in detail the participation of citizens in the management of public affairs; reasoned arguments held system, according to which various forms of such participation are closely related to the practical implementation of one of the key categories of the modern Russian constitutional law - democracy. Which according to the author representing a now not so much a set of forms and methods of citizen participation in the legislative process as a set of policies to involve the population in the management of state affairs, including in the sphere of legislative (representative) authorities, the main function of which is the adoption of laws.
These issues are analyzed using a dialectical, historical, systematic and comparative legal methods, as well as using a systems approach.
Author as conclusions, analyzes provisions of the Constitution of the Russian Federation in which there is a significant number of different forms, and they are not limited to the norms of the constitutional regulation and which is a distinctive feature of the constitutional rights that ensure the participation of citizens in the management of state affairs.
These circumstances made ??it necessary to appeal to the website on the constitutional and legal aspects of citizens' participation in the management of state affairs.
THE LEGAL SYSTEM AND PROCEEDING IN DAGESTAN PRIOR TO THE JUDICIAL REFORM.
Author: Serdyuk, Anna Vladimirovna
Keywords: North Caucasus, Sharia, Courts, Vendetta, Criminal cases, Civil cases
The article offers the analysis of the legal system and proceedings of the peoples of the North Caucasus in the XIX century.
At that time, the legal proceedings were based on the codes of Adat. The analysis allows us an insight into the legal system and proceedings in the region prior to influence by the Russian judicial system, starting toward the end of the XIX century after the North Caucasus had become a part of the Russian Empire.
FUR TRADE AS A REGULATION ISSUE IN A SOVIET STATE
Author: Dzhavakhidi, Irakli Aleksandrovich
Keywords: fur trade, regulation, planned economy, indicative planning
The peculiarities of the legal regulation relations’ system in the sphere of fur trade during the Soviet period are discussed in the article. The analysis of the content of different normative and legal acts is given. The author concludes that fur trade regulation of the Soviet period was carried out in the context of a general conception of how the essence of the state policy in the sphere of commercial law was understood. In its turn, the above-mentioned conception was based on two main principles: tough indicative planning and a discussion of trade relations as a component of economic relations. The inefficiency of the chosen conception is proved
ORGANIZATIONAL AND LEGAL ASPECTS OF MEDICAL TREATMENT OF EXILED PRISONERS ON THEWAY TO A PLASE OF EXECUTING PUNISHMENT IN THE RUSSIAN EMPIRE
Author: Domracheva, Svetlana Leonidovna
Keywords: Russia Empire, exiled and hard labour prisoners, exile road, itinerary of exiled prisoners, infirmary, mental specialist, physician, fetters
The article gives the description of the exiled and hard labor prisoners’ itinerary to places of enduring the punishment, their medical treatment, while the itinerary and ways of preventing their escapes. The attitude of the Russian State of that time towards the mentally sick prisoners is revealed in the article. The description of their confinement and legal responsibility is given.
BANKRUPTCY OF INDIVIDUALS THE RIGHT TO PRE-REVOLUTIONARY RUSSIA
Author: Alyeva, Elvira Bayramovna
Keywords: natural person, insolvency, bankruptcy "malicious" bankruptcy "careless", credit Charter, the Charter of Civil Procedure
The article analyzes the provisions of such monuments of pre-revolutionary Russian legislation the Credit Charter in 1935, the Charter of Civil Procedure 1964 of the Penal Code and Criminal Corrections 1845 Charter of Judicature Trade in 1832, dedicated to individual bankruptcy. Revealed the continuity of domestic legal traditions in this area, which is illustrated as the norms of the CPC RF and the Federal Law “On Enforcement Proceedings”.
LEGAL OBSTACLES CROSSING IN LEGISLATIVE PROCESS
Author: Zaychikov, Yaroslav Vladimirovich
Keywords: law, legal regulation, law making, legislative process, obstacles, legal obstacles
Lawmaking - is set in the form of legal norms lawmaking process, regulating procedures of the legislature to develop, adopt and publish the laws. A detailed analysis of the factors that influence the legislative process, helps to optimize the legal regulation of social relations in general.
This article is devoted to the study of the role of legal obstacles in the legislative process.
The author tries to describe this term, highlight its main functions, and consider ways to overcome legal obstacles in legislative activities.
UP TO THE QUESTION ABOUT THE PECULIARITIES OF THE PARTICIPATION OF NON-PROFIT ORGANIZATIONS IN THE CIVIL TURNOVER OF BIOTECHNOLOGIES
Author: Immel, Larisa Alexandrovna
Keywords: biotechnologies, consumers, information about the goods, non-profit organizations, creators and producers of biotechnological goods
In the following article the author explores peculiarities of the participation of non-profit organizations in the civil turnover of biotechnologies. Main of these peculiarities is tied with the consumers’ right to get information about the goods. So the seller must let them know about the properties of these goods, including its biotechnological properties.
As for the non-profit organizations, they are, in the most of all cases, the creators and producers of biotechnological goods (the Institutes of the scientific researches etc.). So the non-profit organizations often have more of that kind of information the consumers need, than any other subject, which are the participants of the civil turnover of biotechnologies.
As a result, in the article the author explores the content of the duty of non-profit organizations to give information to consumers, concerned to the civil turnover of biotechnologies.
CIRCUMVENTION OF MANDATORY DIRECTION OFFER TO SELL THE FOUNDERS SHARES TO LIMITED LIABILITY COMPANY THROUGH DONATION CONTRACT
Author: Artyukhin, Andrey Nikolaevich
Keywords: недружественное поглощение, корпоративное рейдерство
Objective: In this article, we will focus on the despoilment stages and shortcomings of the Federal Law "On Limited Liability" regarding the provisions relating to the share donation. Upon the sale of the founders' shares are required to send the offer to other members of limited liability, and about the donation contract situation differs. Often fraudsters use this "loophole" in law to get a piece of the company. The author offers solutions to this problem.
Methods: This work contains the method of legal analysis.
Conclusions: There were made conclusions about the need to amend article 578 of the Civil Code related to the cancellation of the contract of donation, if the rights of organizers have been broken.
Value: This article is primarily intended for entities with legislative initiative, however, it will be useful to lawyers in corporate law because it shows the drawbacks of current legal framework.
PROBLEMATIC ISSUES OF THE RIGHT OF SOCIAL SECURITY
Author: Medvedev, Andrey Valerjevich
Keywords: social, social protection, social security, pension, benefit
Background: Modern social security system of the Russian Federation has existed for over twenty years. During this period of time was adopted mass normative acts regulating relations in the sphere of social security. At the same time, many issues in the field of social security is still not solved. All of the above, determines the need to separate the problematic issues of social welfare.
Materials and methods: in the study stated problems, the author used was developed by science and proven practice methods of theoretical and empirical studies, for example: methods of analysis, synthesis, deduction, generalization, etc.
Results: the results of the conducted research the author came to the following conclusions:
1. The social security legislation of the Russian Federation is not without flaws, despite the diversity of species and forms of social security.
2. A prerequisite for the emergence of a number of negative situations in the social security law is held policy of differentiation of subjects of conducting and powers in the sphere of social security and social protection.
3. One of the most important problems in the existing social security system is the relatively low level of social support in part the size of a particular type of collateral and the absence of established law certain minimum standards.
Conclusion: the resulting research findings can be used as part of an ongoing legislative work, as well as in law enforcement.
PECULIARITIES OF LEGAL REGULATION OF THE RIGHT TO LEAVE THE RUSSIAN FEDERATION AND THE REPUBLIC OF AZERBAIJAN
Author: Mammadov, Shamsi Vahid oglu
Keywords: право на отпуск, регулирование, сравнение, трудовой кодекс, Российская Федерация, Республика Азербайджан
In the article the peculiarities of the right mechanism for the realization of the right to leave the Russian Federation and the Republic of Azerbaijan. The author conducted a comparison of certain provisions of the Labour codes of the two countries regarding the granting of leave, the conclusion is that the labour legislation of the two countries there are both similarities and differences associated with national specificity of labour relations and labour law traditions.Keywords: right to leave, law, regulation, comparison, labour code, Russian Federation, the Republic of Azerbaijan
GENERAL CHARACTERISTICS OF THE GROUNDS FOR TERMINATION OF THE EMPLOYMENT CONTRACT STIPULATED IN THE LABOUR CODE OF THE REPUBLIC OF AZERBAIJAN AND THE LABOUR CODE OF THE RUSSIAN FEDERATION : COMPARATIVE ASPECT
Author: Shiriyev, Elkhan Fikret oglu
Keywords: договор, трудовой договор, прекращение трудового договора, расторжение трудового договора, основания прекращения трудового договора
On the basis of applicable labor legislation of the Azerbaijan Republic and the Russian Federation in a comparative perspective examines the grounds for termination of the employment contract and given their general characteristics.
INFORMATION SUPPORT OF INTERACTION OF THE INTERIOR OF THE RUSSIAN FEDERATION WITH LAW ENFORCEMENT AGENCIES OF THE COMMONWEALTH OF INDEPENDENT STATES IN THE FIGHT AGAINST EXTREMISM
Author: Voronin, Mikhail Yurievich
Keywords: extremism, law enforcement agencies of the Commonwealth of Independent States, information needs, information exchange, interaction, the effectiveness of law enforcement
Supply with information of law enforcement activities is the subject of research by Russian scientists (SS Ovchinsky, AS Ovchinsky, VS Ovchinsky, SS Boskholov et al.) And foreign (AK Muldahmetov, T.B . Tokalov et al.). Demands constant research question information interaction in the field of law enforcement. An important trend is the information interaction of law enforcement agencies in the fight against extremism.
The study is aimed at the definition and content of the "information security" in the fight against extremism and picked in its connection with information needs. Reveals the direction of information exchange as a destination communication and its impact on improving the efficiency of law enforcement.
The results can be used in law enforcement, in the scientific and research activities in the educational process.
The work is intended for law enforcement officials, researchers, graduate students.
SPEAKING ON METHODOLOGY OF ESTIMATION OF EFFICIENCY OF NATIONAL CRIMINAL LAW IN TERMS OF ANTI-CORRUPTION ENFORCEMENT
Author: Sorochkin, Roman Aleksandrovich
Keywords: Anti-Corruption Enforcement, subject of corruption-related crime, foreign criminal law
the article deals with theoretical and practical criminal law problems, connected with terms of subjects of corruption-related crime in foreign criminal law.
CLASSIFICATION OF CORRUPTION RISKS IN STATE GOVERNMENT SYSTEM
Author: Inkina, Maria Victorivna
Keywords: corruption, corruption risks, public administration, public authorities, corruption risks classification
Problem - This article discusses the theoretical-cal classification issues of corruption risks in public administration. Analyzes approaches to these issues worked out by prominent scientists. Focuses on the problem of reducing the risks of corruption in public bodies. Author's research is based on materials scientists dealing with the problem of combating corruption I.N.Bartsitsa, E.Yu.Kireevoy, T.Ya.Habrievoy and others.
Model - The author has used common scientific methods of knowledge: analysis, comparison, legal modeling, as well as historical and legal and comparatively-legal methods.
Conclusions - The author concluded that an important area of formation of the list of corrupt and dangerous functions of state administration-ment amends the legislation, taking into account the imposition of new or redeployment implemented functions.
Practical implications - conclusions and recommendations can be used in work on improvement of anti-corruption legislation, further research on this pro-mainstreaming, as well as in the educational process at the Legal-ray departments of universities and other institutions of a special profile.
Social consequences - analyzes the functions and tasks of the federal executive bodies.
Originality / value - This article is intended for materials scientists, engage, in the problem of anti-corruption practitioners, graduate students of higher educational institutions.
THE PROBLEMS OF THE CRIMINAL RESPONSIBILITY AND THE PUNISHMENT FOR ASSISTANCE IN THE TERRORIST ACTIVITY
Author: Alibekova, Catherine Arthurovna
Keywords: assistance in the terrorist activity, criminal responsibility, punishment, the improvement of legislation
In the article are considered some problems of the criminal responsibility and the punishment for assistance in the terrorist activity, emerging in the investigative and judicial practice. Some directions of legislation about assistance in the terrorist activity are offered.
BASIC STAGES OF DEVELOPMENT OF INSTITUTE OF STATE SECURITY OF PARTICIPANTS OF CRIMINAL PROCEDURE
Author: Akhtyamova, Kristina Mikhajlovna
Keywords: guarantees, state security, development of institute, participants of criminal procedure, perfection of legislation
The special attention in a scientific publication is spared to the stages of development of institute of state security. By an author оn the basis of the analysis of various normative acts compared between legislation of pre-revolution and modern Russia in area of state security of participants of criminal procedure.
Task – Research of features of process of институализации of state defence of participants of criminal procedure is in history of the Russian state.
Model / Methodology – historical, system-structural, formally-logical, comparatively-legal.
Conclusions – already in the XV century security of participants found the reflection through the prism of protective function of the state, while state security of participants of criminal procedure, as institute, was formed in the end the XX century.
Originality / actuality: the table of contents of work can be used in the further researches related to development of analysable problem.
TO THE QUESTION OF THE PRODUCTION OF THE INVESTIGATORS PRELIMINARY INVESTIGATION IN THE ENQUIRY FORM
Author: Nurgaleeva, Alina Raisovna
Keywords: forms of preliminary investigation, inquiry, subjects of inquiry, the jurisdiction, the investigator
Objective: to establish the form of the preliminary investigation carried out by the investigator in criminal cases untried bodies of inquiry.
Model/methodology: the study used scientific methods: dialectical, system, method of modeling, legal, historical and comparative legal.
Conclusions: research may find application in the formulation and solution of problems of production by the investigator in criminal cases untried bodies of inquiry.
Originality/value: this article is addressed to the investigators, investigators, and other practitioners of the preliminary investigation, as well as all those interested in the problems of the preliminary investigation.
ABOUT THE SYSTEM OF ENSURING RIGHTS OF THE DEFENDANT IN PRE-JUDICIAL PROCEEDING
Author: Ibatullina, Margarita Borisovna
Keywords: victim, enforcement, rights and interests, pre-trial proceedings
The article considers the interests of the victim in the context provided to him in the criminal process rights of way improvement.
INVESTIGATIVE ACTIONS AS MEANS OF COLLECTING PHYSICAL EVIDENCE IN PRE-TRIAL PROCEDURE
Author: Mamedov, Ramil Yagubovich
Keywords: physical evidence, means of collecting physical evidence, investigative actions, other legal proceedings, pre-trial procedure, typical errors of preliminary enquiry
The given article defines and reviews certain investigative actions as means of collecting physical evidence in pre-trial procedure of criminal cases. Also, some typical errors of preliminary enquiry in collecting physical evidence are discussed.
CORRELATION IN CRIMINAL LEGAL RELATIONS AND PROCEDURAL CRIMINAL RELATIONS
Author: Burtsev, Aleksey Vladimirovich
Keywords: procedural criminal legal relations, criminal material legal relations, criminal legal relations, provision on law, criminal proceeding phases
The article covers general issues of delimitation and correlation in criminal legal relations and procedural criminal legal relations in Russia as well as on criminal case initiation phase in particular.
ON THE ISSUE OF THE NEED FOR LEGAL AND TECHNICAL DEVELOPMENT OF THE NOTION OF «PRE-TRIAL COOPERATION AGREEMENT»
Author: Kulakov, Alexey Alexandrovich
Keywords: pre-trial cooperation agreement, plea bargaining, guilty plea, accused, suspected, investigator, prosecutor, special procedure for the court decision
The article deals with the notion of pre-trial cooperation agreement, formulated by the legislator in Article 5 of the Criminal Procedure Code of the Russian Federation.
Based on the requirements of formal logic and system interpretation of the criminal-procedural legislation the author shows the legal and technical limitations of the existing definition and justifies the need and ways to overcome them. The author explains own position, referring to the application practice of pre-trial cooperation agreements by courts and prosecutors in the Moscow region.
The article also contains the author's proposal to limit the application scope of pre-trial cooperation agreements to cases on group and other crimes, the commission of which the accused (the suspected) personally involved.
In conclusion of the article the author formulates his own notion of pre-trial cooperation agreement, which he offers as an alternative to the legal definition.
THE PERFECTION OF SPECIAL SERVICES ACTIVITIES LEGISLATIVE REGULATION
Author: Yun, Eduard Iosifovich
Keywords: special services, security provision, legislative regulation, strategic forces, conspiracy, special activities
The article discusses the essence of the special services activities legislative regulation which differs from the functional of enforcement bodies operation because of its contents. It states the reduction of the main standards of the expected law that is to regulate secret services activities.
IDENTITY OF THE PERPETRATOR AS AN ELEMENT OF CRIMINAL CHARACTERISTIC CRIMES
Author: Bessonov, Alexei Alexandrovich
Keywords: criminalistics, criminalistics characteristics of crime, the offender, the investigation of crimes
Information about the identity of the offender is important in the formation of forensic investigation techniques of certain types of crimes. It is interconnected with other elements of criminal characteristic crimes. In practice, the investigation of crimes such information allows narrow down the likely suspect.
THE ILLICIT TRAFFICKING IN PRECURSORS ENTAILED BY NEGLIGENCE THE INFLICTION OF HARM TO HEALTH OF A PERSON OR OTHER SERIOUS CONSEQUENCES (INCLUDING 2 TBSP. 228.2 OF THE RUSSIAN CRIMINAL CODE)
Author: Sibagatullin, Aydar Mufassirovich
Keywords: legislator, judicial and investigative practice, other heavy consequences, a qualifying sign, the objective party of harm to health of the person, a careless form of fault
The questions of illicit trafficking qualification in the precursors, entailed on imprudence infliction of harm to health of the person or other heavy consequences (are considered h. 2 Art. 228.2 of the criminal code of Russian Federation) are considered in the article. The author marks out features of heavy consequences, carries out the comparative analysis of studied norm with similar structures of crimes in the absence of the instruction on weight of harm of health that allows to characterize infliction of harm to health of the person as infliction of harm to health of any weight.
PROBLEMS OF STATE PROCURING PROTECTION OF GUDES, IAW, ENFORCEMENT OFFICIALS, AND REGULATORY AUTHORITIES
Author: Faskhutdinov, Rustem Fayzulhanovich
Keywords: state protection, security, law enforcement problems, cancellation of security and confidentiality of information protected person
Task - The problems of state protection of judges, law enforcement officials and regulators.
Model - The methodological basis for work - universal dialectical materialist method of cognition of objective reality. Used scientific methods - analysis and synthesis, induction and deduction.
Conclusion - Detailed approach and the correct use of standards and legal acts will contribute to the achievement of the objectives for state protection, which should be organized on a qualitative level.
Scope of the study / possibility of further use of the results of scientific work - Work content complements the scientific and legal basis of the institution of state protection of judges, law enforcement officials and regulatory authorities; can be used in further investigations related to the development of the analyzed problems.
The practical significance - Some conclusions of the work can be taken into account in the practice of operational units of internal affairs bodies in the exercise of state protection of judges, law enforcement officials and regulators.
Originality / value - The analysis of the current legislation governing bodies for the implementation of state protection of judges, law enforcement officials and regulators. It is intended for researchers, teachers, students in all areas of legal profile, as well as practitioners of operational units of the Interior.
ABOUT THE DEFINITION OF THE «FUNCTION OF THE PROSECUTOR SERVICE» AND ALLIED TERMS
Author: Ussov, Aleksey Yurievich
Keywords: function of the prosecutor service, direction of activity of the prosecutor service, type of activities of the prosecutor service, power of officials of the prosecutor service
The article is about the analysis of the scientific approaches to the definition of function of the prosecutor service, direction of activity of the prosecutor service, type of activities of the prosecutor service, power of officials of the prosecutor service. The author offers new system approach to the definition of these terms on the basis of this research.
JUDICIAL CONTROL OVER THE LEGALITY IN THE OPERATION OF CUSTOMS AUTHORITIES
Author: Koval, Viktoriya Dmitrievna
Keywords: judicial review, unlawful decisions of customs authorities, respecting the rule of law, complaint, action (inaction), administrative offence, the court decision
Background: the article reveals the concept and essence of judicial control over the observance of legality in the activities of the customs authorities, the results of the analysis of judicial practice in cases on administrative offences, passed by the customs authorities for consideration by the courts. The author of the given categories most frequently discontinued courts cases on administrative offences, the reasons, problems and their solutions when making such decisions by the courts.
Materials and methods: the Author were used scientific methods of knowledge: analysis, comparison, legal, modeling, and comparative legal and systemic-structural methods.
Results: the Author concluded that the enforcement of the administrative-jurisdictional practice has a number of problems in the consideration of cases on administrative offences, requiring the development and improvement of the current legislation.
Conclusion: the task of ensuring legality in administrative and jurisdictional activity of the customs authorities should decide on the basis of improving customs administration, enhancing the role of judicial review, regular interaction between administrative and judicial authorities on the interpretation of the law.
Practical value: conclusions and suggestions can be used in the work on improvement of administrative law, in further scientific research on this issue, as well as in the educational process at the law faculties and the faculty of customs Affairs in higher education institutions.
Social impacts: are analyzed and problems in administrative and jurisdictional activity of the customs bodies.
Originality/value: the article is intended for researchers dealing with the problem of ensuring legality in the activities of public authorities, practitioners, graduate students of higher educational institutions.
THE HISTORICAL BACKGROUND OF THE FORMATION OF THE INSTITUTE OF DISCIPLINE IN THE POLICE FORCE RUSSIA AS A DETERMINING FACTOR FOR ITS FURTHER DEVELOPMENT AND CURRENT STATUS OF THE TERRITORIAL BODIES OF THE RUSSIAN INTERIOR MINISTRY
Author: Streltsov, Vladimir Viktorovich
Keywords: police, territorial bodies of the Russian Interior Ministry, institute of service discipline, discipline, regionalism, protection, military law
The objective of the study is to conduct a historical and legal analysis of events and phenomena that characterize the situation at the time of formation of the Institute of discipline in the police force of the Russian state. The term refers to the formation of the article is a significant event in the history of the Interior, as the establishment of regular police in Russia. Scope of the study covers the historical period from the second half of the XVII century on May 1718. The reason for writing the study was that the modern institution of discipline formation of territorial bodies of the Russian Interior Ministry claims his historical understanding. In full it can be done only by a detailed study of the prerequisites established by the time of establishment of this institution, the process of its formation and further development, which is the end of our days. In the scope of the present study included only prerequisites. Therefore, the main objective of the study – is the most open these prerequisites, give them a principled and comparative assessment in relation to the current situation of the Institute of discipline in the regional offices of the Ministry of Interior of Russia. Made by the author at the end of the article findings underscore the novelty, relevance and practical value of its research.
FUNDING THE INDIGENOUS PEOPLE ON THE EXAMPLE OF FINANCING OF DIFFERENT STATES
Author: Toriya, Rita Aleksandrovna
Keywords: aboriginal people, national minorities, protection of the rights of the national minorities, government support, grants, funding
In this article the author reports us about the support of indigenous people in different countries, namely in Spain, Chile, Canada, Hungary, the USA, France, Paraguay, Austria, Bolivia, Denmark, Mexico in accordance with the commitments undertaken by them in the face of international community and the UN recommendations and in accordance with the national laws of those States.
INFORMATIONAL FUNCTION OF THE CIVIL BUDGET
Authors: Botasheva, Leila Emerbekovna; Pervyshev, Evgeniy Anatolevich; Ananev, Valery Igorevich
Keywords: information, budget, access to information, the civil budget, the electronic budget
Formation of the Information Society in Russia requires new approaches in the implementation of the rights of citizens to access information. Modern financial and legal institutions adapt to the modern model of the information society, and the realization of civil budget will improve the accessibility of information to citizens about the financial activity and financial status of the state and municipalities.
АДМИНИСТРАТИВНЫЕ ПРАВОНАРУШЕНИЯ В ОБЛАСТИ ДОРОЖНОГО ДВИЖЕНИЯ, СОВЕРШАЕМЫЕ ВОДИТЕЛЯМИ ТРАНСПОРТНЫХ СРЕДСТВ
Author: Mukabenov, Mingiyan Valerievich
Keywords: Road Safety, driver, vehicle, administrative responsibility
статья посвящена анализу мотивации противоправного поведения водителей транспортных средств, совершивших административные правонарушения в области дорожного движения. Приводится классификация водителей-правонарушителей, а также данные о видах правонарушений, полученные эмпирическим путем.
THE PURPOSES OF ADMINISTRATIVE PUNISHMENTS
Author: Askerov, Mamed Masafaevich
Keywords: legal responsibility, administrative offences, administrative punishments
Task: the task consists to analyze the purpose of legal responsibility and the purpose of administrative punishments. Methods: Methodological basis of the study was the theory of knowledge. In the process of writing were used comparative legal method and method of empirical knowledge. Conclusions: the author demonstrates that it's necessary to establish in the Code RF of Administrative Offences such purpose of administrative punishments as the correction of offender. The possibility of using the results of scientific work: analysis the purpose of legal responsibility and the purpose of administrative punishments complement the theory of law and the theory of administrative law. The social consequences: the changes in the legislation of administrative offences allow lo reduce amount of repeatedly administrative offences. Originality: analysis the purpose of administrative punishments will allow a more detailed to study the legislation of administrative offences for improving.
ВКЛЮЧЕНИЕ КАЛМЫКОВ В СФЕРУ РОССИЙСКОГО ЗАКОНОДАТЕЛЬСТВА В СЕРЕДИНЕ XVIII ВЕКА
Author: Bayanov, Mingiyan Vladinirovich
Keywords: Kalmyk nomads, Russian law, national policy, Governor of the Astrakhan
Статья посвящена важному периоду в истории Калмыцкого ханства, когда решался вопрос о распространении российского законодательства на калмыков-кочевников. С начала появления калмыков в Нижнем Поволжье нерешенными оставалась проблема русско-калмыцких конфликтов. Только в 40-е гг. XVIII века астраханский губернатор В.Н. Татищев добился применения российского уголовного законодательства в отношении калмыков.
COMPARATIVE ANALYSIS OF ECOCIDE
Author: Sosedova, Yuliya Evgenievna
Keywords: Model Penal Code, the criminal law of the post-Soviet countries, ecocide
Background. This article discusses the comparative aspects of the provisions of the Model Penal Code for the CIS member-states and national criminal codes of the countries of former Soviet Union in terms of criminalizing ecocide. The objective of the study is to analyze these sources to improve Article 358 «Ecocide» of the Criminal Code of Russian Federation.
Conclusions. The experience of a number of post-Soviet countries to ban ecocide can be useful for the Russian criminal legislation in terms of the expansion of the subject of ecocide and the rejection of the term «ecological catastrophe» in Art. 358 of the Criminal Code of Russian Federation. The results can be useful when considering ecocide, improving art. 358 of the Criminal Code.
СИСТЕМА ГРАЖДАНСКО-ПРАВОВЫХ ДОГОВОРОВ, ОБЕСПЕЧИВАЮЩИХ СОЗДАНИЕ, УПРАВЛЕНИЕ И ПРЕКРАЩЕНИЕ ЮРИДИЧЕСКИХ ЛИЦ: ПОНЯТИЕ И ЗНАЧЕНИЕ
Author: Семивеличенко, Евгений Александрович
Keywords: civil law contract, legal entities, creation, management and termination of legal entities, system, unity and differentiation
Статья посвящена анализу гражданско-правовых договоров, служащих важнейшими правовыми средствами обеспечения отношений по созданию, управлению и прекращению юридических лиц. Автор рассматривает в единстве и дифференциации правовое регулирование договоров, а также признаки, объединяющие и разграничивающие договоры. На основе проведенного исследования автор приходит к выводу о системном единстве договоров, обеспечивающих создание, управление и прекращение юридических лиц, выделяя отдельные договоры как элементы системы и раскрывая взаимосвязи между ними.