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LACUNAE IN THEORY AND HISTORY OF STATE AND LAW OF EURASIA
Authors: Nabiev, Rustam Fanisovich; Shamsutdinova, Darina Venirovna; Nabieva, Zemfira Rustamovna
Keywords: The concept of the history of Russian statehood, Prince Oleg, Rurik, Tushemlinskaya archaeological culture, Chernyakhovskaya archaeological culture, ros, rus, oros, olos, bulgars, the North-Eurasian world system, hydronyms, Hagan, Constantinople, obry
The modern concept of the history of Russian statehood It does not consider the development of the state and law for centuries. This article deals with the problem of the birth of Russian statehood on the basis of previous cultures and countries. Some of the events associated with the beginning of the dynasty of the Russian princes, took place two centuries earlier. Economic conditions for allocation of the state were formed long time. The Hunn period Dnieper and Dvina river routes were consolidated and began to act the way «from the Vikings to the Greeks.» At the time of the Avar khanate comes first mention of rus/ros and the beginning of the Russian dynasty. Cross-matching historical sources confirm this information.
LACUNAE IN THEORY AND HISTORY OF STATE AND LAW OF EURASIA(BULGARS)
Authors: Nabiev, Rustam Fanisovich; Hrustaleva, Olga Nikolaevna
Keywords: Bulgarian-Bulgar community, the North-Eurasian world system, sems, Bulgars, laws Asparuh, Breviary of Alaric, the law of the lyudem» Christianity, Islam, Sharia, the first state religion, Eastern Europe, a set of laws, the city bogomilstvo, Qatar, Protestantism. BB-enclaves Empire Juchids continuity
The article discusses the role of the Bulgars in the development of statehood in the framework of the North-Eurasian world-system (SEMS). Bulgarian-Bulgarian community was formed on the basis of previous hegemonic cultures of the Steppe. The Bulgars were one of the first to adopt Christianity and spread it actively. The first in Eastern Europe the legendary code of laws was adopted by Kan Asparuh. Danube Bulgarians spread legal norms «Breviary Alaric» as reflected in the corpus of «the Law of judgment of the people». The Eastern Bulgars accepted Islam, which was the first state religion on the plains of Eastern Europe. The Bulgarians had a significant contribution to the development of Protestantism. In Western Europe Bogomilovo took the form of a «heresy of the Cathars». A large part of the Bulgarian enclaves last time was combined under the state of the ulus of Jochi. The Bulgars have left their mark in the legal lexicon of the peoples of the heirs. In the political and cultural traditions of the Bulgarian-the Bulgarian community there is a linkage and the influence of some preceding crops, as well as the continuity of the development time from late antiquity to the middle Ages.
THE RUSSIAN STATE AFTER LEGISLATIVE ABOLITION OF THE SO-CALLED «SERFDOM LAW»
Author: Osipian, Boris
Keywords: legislative abolition of the so-called «serfdom law, the well-known «Manifesto» of 1861, concerning essential renovations of the Russian organic legislation, necessary and urgent elimination of the official-bureaucratic of the Russian Orthodox Church and secular authorities arbitrariness, obvious improvement of social life of the multimillion Russian peasantry and prevention of ripening revolts, senseless and severe, mass social disorders and bloody revolutions in the multinational and multiconfessional Russian Empire
In his article «The Russian State after Legislative Abolition of the so-called «Serfdom Law» the author through viewing substantive provisions of the well-known «Manifesto» of 1861, concerning cancellation of «serfdom law», as well as the essential renovations of the Russian organic legislation up to the end of the XIX century, reveals the main essence of the main state-legal reforms and transformations, directed to necessary and urgent elimination of the official-bureaucratic of the Russian Orthodox Church and secular authorities arbitrariness for the obvious improvement of social life of the multimillion Russian peasantry and prevention of ripening revolts, «senseless and severe», mass social disorders and bloody revolutions in the multinational and multiconfessional Russian Empire.
BORROWING RULES OF LAW AS A WAY TO IMPROVE THE MODERN CIVIL PROCEDURE LEGISLATION OF THE KYRGYZ REPUBLIC
Author: Shamilov, Maksat Shamilovich
Keywords: drawing, regulations, civil procedural law, code development, perfection
The presented article is devoted to the borrowing rules of civil procedure legislation of the Kyrgyz Republic. As a result, the author shows that the constant borrowing the experience of others — more highly — states actually mean for Kyrgyzstan to follow in line with the further modernization of society and the state.
GAPS AND CONTRADICTIONS OF THE CIVIL PROCEDURAL LEGISLATION IN THE KYRGYZ REPUBLIC
Author: Shamilov, Maksat Shamilovich
Keywords: law, court, trial, judicial reform, the state standards
This article considers the main problems and contradictions of the civil legislation of the Kyrgyz Republic. The study author suggests that there are any, and offers solutions in the civil procedure law.
MATTERS OF STATE REGISTRATION OF EASEMENTS IN EXISTING LEGISLATION
Author: Andrey, G
Keywords: private easement, public easement, the state registration, corporeal rights, obligations, state cadaster of the real estate, unified state register of real estate rights
The article «Matters of state registration of easements in existing legislation» analyzes the system of the current Russian legislation on the state registration of easements. This theme is caused by that the state registration of easements is aimed at fixing and protecting the respective property rights of participants in civil turnover. However, legislation different addresses these issues. The author set a goal to determine the applicable law and rules on the issues discussed. The methodological bases of the article are the method of analysis, the method of synthesis and the method of comparison. Identified number aspects that might generate corruption factors. The paper identified certain of discrepancies in the federal legislation on the subject. The main conclusion is that the current legislation is not an integrated system of legal regulation of state registration of easements. The author made some suggestions for improvement of the state registration of easements legislation. Field of application of the obtained results is enforcement procedure, the solution practical matters, and lawmaking process.
CORPORATE CONFLICT: CONCEPT, CHARACTERISTICS AND MESURES FOR ITS RESOLUTION
Author: Oreshin, Evgeny
Keywords: corporate conflict, unfair practices of regulatory bodies, deprivation of a chief executive at law
The article is a theoretical and practice-oriented research on a corporate conflict, its concept, characteristics and types. In the article an arrangement of methods for corporate conflict settlement is presented according to personal line-up of the participants and other reasons. Subsequent to the results of the examination the author draws a conclusion about a necessity of institutionalization of a new way-out from the corporate conflict. Therefore a claim for an early termination of chief executive body»s powers if drafted, procedural issues including averment are considered. This lawsuit could be another method to resolve a corporate conflict.
PROSPECTS FOR SELF INSURANCE IN THE RUSSIAN FEDERATION
Authors: Romashkova, I.I.; Navrotskaya, A
Keywords: insurance activities, financial market, self-regulation, self-regulatory organizations, functions the state management, control and supervisory functions, the industry regulator, standards, requirements, licensing, responsibility, self-control, fair competition, civil society
the prospects of self-regulation in Russia, including the insurance market, are among the widely discussed issues today. Introduction and implementation of mechanisms of self-regulation is particularly relevant in light of the message of the President of the Russian Federation to lift restrictions on business, ridding it of the obsessive surveillance and control. The process of self-regulation in Russia was launched in 2002. The legislation provides for compulsory and voluntary association of self-regulating organizations. At the moment the self-regulation organizations brings together the following industries: evaluation activities, engineering surveys, architectural and construction design, construction, operation of arbitration managers, operations of audit unions of agricultural cooperatives, auditing activities, activities in the field of energy audit, credit cooperatives. Creation of self-regulation organizations in the sphere of insurance activities is in the final stage of preparation, indicating that the dynamic development of the insurance market in the direction of increasing the participation of the civil society in the regulation of insurance activities.
IMPLEMENTATION OF THE PRINCIPLES OF SOCIAL SECURITY LAW IN THE REGULATORY LEGAL ACTS OF THE FEDERAL BODIES OF STATE POWER
Author: Medvedev, Andrey Valeryevitch
Keywords: law, social security law, social work, social welfare, principles of law, principles of social security law, social protection, social policy
The article analyzes the problematic issues related to the development of principles of social security law. Considers some aspects related to the formation of certain principles of social security law, who acted as the basis of the modern system of social security and social protection. Along with this, the author examines the legal issues associated with the enforcement of the fundamental principles in the normative legal acts of the Federal bodies of state power. The author emphasizes that the principles of social security law perform a huge role in legal regulation of social security relations. Moreover, the principles of social security law, as enshrined in normative legal acts are the key ideas for the development of social security law as an independent branch of Russian law.
SUBJECT OF FRAUD WHICH IS COMMITTED IN THE SPHERE OF THE BUSINESS ACTIVITY
Author: Borovkov, Artem Aleksandrovich
Keywords: fraud, entrepreneur, business activity, a member of a board of directors, àsole trader, self-employed citizens
The subject of research is the definition of the subject of a fraud in the business activity. The authors emphasize the relevance and necessity of this article. The author analyze the features of the subject of a fraud, which is committed in the sphere of the business activity under the existing legislation and law enforcement practice. The article stresses that the features of the subject of this crime must be disclosed using the provisions of civil law, since Article 159.4 of the Criminal Code is a blanket article and refers to a special regulatory legal act, which directly regulates the entrepreneurial attitude. It is emphasized that due to the incorrect application of a blanket rule was make a mistake in determining the range of entrepreneurial subjects fraud. The author substantiate that the range of subjects of this type of fraud is broader than were defined by the legislator in the Code of Criminal Procedure and to explain to the Supreme Court of the Russian Federation. There are several alternative ways to address the identified problems. The author believe that the article on business crime needs to be amended namely under the Russian legislation the list of subject of a crime must be expanded and include not only sole traders and chief executive officers but member of a board directors of a non-profit organizations, and certain categories of citizens. The article has examples of judicial practice.
CONFISCATION OF PROPERTY AS A FORM OF REALIZATION OF CRIMINAL LIABILITY IN CRIMINAL LAW RELATIONS AND THE MECHANISM LEGAL REGULATION
Author: Dvoretskiy, Mikhail
Keywords: confiscation of property as a form of realization of criminal liability, Criminal-law relationship, regulatory mechanism, implementation of criminal liability
In the publication the author examines the confiscation of property as a form of realization of criminal liability. The subject of journalistic research supports its analysis in criminal dealings and in the mechanism of legal regulation.
CONFISCATION OF PROPERTY IN THE CONTEXT OF THE EFFECTIVE IMPLEMENTATION OF CRIMINAL LIABILITY: PROBLEMS OF NATIONAL CRIMINAL LAW THEORY AND CONTEMPORARY LEGAL PRACTICE
Author: Dvoretskiy, Mikhail
Keywords: confiscation of property in the context of the effective implementation of the criminal liability of property confiscation, problems in the domestic criminal law theory and contemporary legal practice
In the publication the author examines the confiscation of property in the context of effective implementation of justice. The subject of journalistic research supports its problems in the domestic criminal law theory and contemporary legal practice.
SOME PROBLEMS OF LIABILITY FOR COMMITTING FRAUD IN THE AREA OF LENDING
Authors: Malakhova, Veronika Yuryevna; Poroshina, Veronika
Keywords: Fraud in the area of lending, illegal reception of the credit, criminal liability, the liberal criminal policy, improvement of legislation, punishment, penalty
This article discusses some of the problems of responsibility, qualifications crime under Art. 159.1 of the Criminal Code. Attention is paid to the issues related to the disclosure of the constituent elements of the crime.
Analyzed examples of case-law and Russian legislation on this issue. Presents statistical data. The article focuses on the question of the liberal criminal policy in relation to economic crimes. The articles contains conclusions and proposals for improvement of the criminal law.
OPTIMIZATION IS NOT LIMITED TO REORGANIZATION — CHANGES ARE NEEDED IN LEGISLATION
Author: Osipova, Nadeajda Vladimirovna
Keywords: designer drugs, synthetic substances, prohibited substances, Federal service Russian Federation on control over drug trafficking
In the article the analysis of legislation in the sphere of drug trafficking, the proposed measures further to improve it.
IMPLEMENTATION OF INTERNATIONAL LEGAL REGULATIONS IN THE CONTEXT OF PRECAUTIONARY INFLUENCE OF SYSTEM OF PUNISHMENT
Author: Stromov, Vladimir Y
Keywords: implementation of international legal regulations, precautionary influence of system of punishments
In the provided publication implementation of international legal regulations is considered. As the subject of this research their analysis in the context of precautionary influence of system of punishment acts.
SYSTEM OF PUNISHMENTS AT IMPLEMENTATION OF CRIMINAL LIABILITY OF LEGAL ENTITIES: PROBLEMS OF THE THEORY AND LAW-ENFORCEMENT PRACTICE
Author: Stromov, Vladimir Y
Keywords: system of punishments at implementation of criminal liability of legal entities, problems of the theory and law-enforcement practice
In the provided publication are considered system of punishments at implementation of criminal liability of legal entities. The complex of problems of the theory and law-enforcement practice acts as the subject of publicistic research.
MINOR: MODERN PRACTICE OF CRIMINAL SANCTION
Authors: Timko, Svetlana Alexandrovna associate professor; Zhayvoronok, Artem Viktorovich candidate of law; Timko, Veronica Pavlovna
Keywords: punishment, juvenile, imprisonment, community service, fines, corrective labor, restriction of freedom
This article analyzes the practice of sentencing that apply to minors of the most common crimes. To collect empirical material used in the documentary, statistical, comparative legal methods. Abstract types, shapes and sizes of penalties to be elected by the judges for minors, these criminals. The features of sentencing this category of persons. The attention is focused on the inefficiency of the law enforcement practice, due to the trends of humanization of criminal policy and the need to combine penalties for their actions and have effective methods and ways to prevent future wrongful conduct. The article may be of interest to the development of issues related to improving the criminal policy of the juvenile, as well as prevention of their infringing conduct.
SOME FEATURES OF LEGAL REGULATION OF COMPULSORY MEASURES IN THE PEOPLE’S REPUBLIC OF CHINA AND THE RUSSIAN FEDERATION
Author: Zakharova, Victoriya
Keywords: the limiting the constitutional human rights, the compulsory measures in the PRC, the measure of restraint, the forced summons, the bail pending trial, the base of the compulsory measures, the institution of the guarantee, the violation of ethical norms of Confucian morality, the residential surveillance
The author gets the comparative characteristics of China and the Russian institute of compulsory measures and the legal and factual grounds for the application of the compulsory measures in both countries. It is gotten the range of officials and government agencies that vote and impose these restrictive measures. In the article the author concludes that the Russian legal version of the consolidation of compulsory measures needs to be improved in the part of time limitation of using of some compulsory measures (eg. bail pending trial, recognizance and appropriate behavior).
DOES THE LEGAL REPRESENTATION HAVE MANDATORY CHARACTERISTIC OF RUSSIAN CRIMINAL PROCEDURE ONLY?
Author: Karpushov, Mikhail Alekseevich
Keywords: representative, mandatory representation, legal representative, representation by appointment, legal succession, close relatives of dead representatives
Author researches the issues of relationship between concepts legal and mandatory representation. He offers to use for its the formal criterion in parallel with theoretical principles basing of semantic meaning the two terms. Analysis of mandatory representation norms helps to make conclusion about broad interpretation one. The researcher offers to include legal representation, representation by appointment, dead representation (or legal succession) and corporate body mandatory representation of mandatory representation system at once. Analysis of the mandatory representation provisions of the criminal procedure law allows to discuss about appearance tendency of making representation by appointment or mandatory professional representation. Author devotes meaningful size of article content of the suspect, accused and the victims dead representation otherwise legal succession.
TO THE QUESTION OF APPLICATION OF SPECIAL KNOWLEDGE OF THE TEACHER AND THE PSYCHOLOGIST IN CRIMINAL LEGAL PROCEEDINGS
Author: Latypov, Vadim Sagityanovich
Keywords: criminal trial, proof, psychologist, teacher, expert, expert person, special knowledge, indications
Article represents the procedural analysis of a legal status of certain subjects of criminal legal proceedings: the psychologist, the teacher and the doctor applying special knowledge within the investigated criminal case. The author as a result of the carried-out comparative and legal analysis comes to a conclusion about impossibility in the procedural plan of the equation of the status of the expert with the psychologist and the teacher.
• An object of research — set of the domestic standards of the criminal procedure legislation regulating activity of expert persons in criminal legal proceedings.
• The research objective consists in the analysis of a current state of the criminal procedure legislation regulating activity of the teacher and psychologist and also in development on this basis of offers and recommendations about use and improvement of institute of special knowledge.
• the method or methodology of carrying out work were made: a general method of knowledge — materialistic dialectics; general scientific methods — deduction and induction, the analysis and synthesis.
• results of work can be useful to the theory of criminal trial and law-enforcement practice;
• scope of results: a legal regulation in application of special knowledge by expert persons;
• conclusions: inadmissibility in the procedural plan of the equation of the status of the expert with the psychologist and the teacher.
COURT ACTION THE INVESTIGATION OF NATURE AS A MEANS OF PROOF IN COURT PROCEEDINGS
Author: Minimurzina, Olga Nikolaevna
Keywords: means of proof and evidence, the questioning, the testimonies of circumstances preventing attendance at trial
the article analyzes the main court action the investigation of nature used in the course of proof in a judicial investigation on the criminal case. Special attention is paid to such legal proceedings as an interrogation and the testimonies advantages and disadvantages of each of them, in particular one of the types of interrogation — cross- interrogation. Also during the research the author comes to the conclusion about the necessity of changes and additions to the current criminal procedure legislation with regard to the conditions of announcement of indications: prevent incorrect, according to the author, the language, and making new ones. As an alternative solution justified the proposal to allow for the adoption of the Federal law cited by the court in this matter. To illustrate examples from court practice and opinion of the expert interviewed in the preparation of material on a studied subject.
PROBLEMS OF A RATIO OF POWERS OF THE PARTIES OF THE CRIMINALLEGAL PROCEEDINGS AT PREVENTIVE PUNISHMENT ELECTION — IMPRISONMENT
Author: Stepanova, Olga Sergeevna
Keywords: a preliminary investigation, the results of operatively-search activity, the measure of restraint, detention
In the present article autor discuss the possibility of using the results of operatively-search activity in the election of a preventive measure in the form of detention, as well as problems that may arise in the course of their use. The author examines the current conflict in the Criminal Procedure Code of the Russian Federation, which is reflected in the disparity between the statutory form of the hearing on a motion to elect a preventive measure in the form of detention and the requirement of a court «examination» presented in the material evidence of the application, confirming outlined officer conducting a preliminary investigation into the reasons for the election of the said measure. Also in this article we suggest methods gap authorization in law and is a possible option changes p. 1 st. 108 Criminal — Procedural Code of the Russian Federation, which allows to eliminate the said conflict. Include research the author concludes that the provision of trial results of operative — search activity in the materials of the application for remand in custody as a positive impact on the fairness of the decision by the judge.
ON MIGRATION PROCESSES REGULATION IN GREAT BRITAIN
Author: Boziev, Alberdi Tahirovich
Keywords: demographic situation, immigration, age group, state expenditures, social infrastructure
In recent years migration processes in Europe, and particularly in Great Britain, have become a subject of discussions both practically and theoretically. Russian and foreign studies pay big attention to this problem. Especially sharply this problem is discussed in the context of consequences which cause immigration within European Union. Illegal immigration from the countries of Europe and Africa is a subject of future studies. In this paper an attempt is made to realize why European immigration is such burden to Britains, what makes them exit EU, how far such perspective is real. Statistic data on demographic situation change are given. The conclusion is made that immigration in Great Britain directly influences the social and economic stability, causing tension in health care, education, employment, transport infrastructure etc. As for the membership in EU, it is difficult to expect that some time Great Britain will want to act as a destructive force.
PROSECUTORIAL SUPERVISION OF EXECUTION OF LAWS IN COAL MINING INDUSTRY
Author: Shelestukov, Vitaly Nikolaevich
Keywords: prosecutor’s office, supervision, Rostekhnadzor, industrial safety, labor protection
this article examines the activities of the Prosecutor»s office for supervision over execution of laws in coal-mining industry and the main causes of accidents. Statistical data on violations revealed by Prosecutor»s office.
DETERMINATION OF THE EXTENT OF THE DONE HARM WHICH IS SUBJECT TO COMPENSATION
Author: Ibragimova, Aminat
Keywords: harm caused, compensation, harm
In her article «Dimension of the Size of the Caused Harm Subject to Compensation» the author considers questions of behavioral, material or monetary measurement and compensation of the caused physical, property and moral harm depending on various circumstances of the case considered by the court.
UNPROFESSIONAL METAL DETECTING IN THE RUSSIAN FEDERATION: STATUTORY PROHIBITIONS, THE PROBLEMS OF LEGAL REGULATION AND WAYS OF THEIR ELIMINATION
Authors: Iakovlev, Alexey Borisovich; Beliakova, Inna Mihailovna
Keywords: the cultural layer, black diggers, the Criminal Code of the Russian Federation, metal detecting, archaeological object
this article considers the legal aspects of metal detecting in the Russian Federation, as well as the analysis of the application of article 243.2 of the Criminal Code of the Russian Federation. In addition, in the article substantiates the necessity of legalization of metal detecting in the Russian Federation.
ANTI-MONEY LAUNDERING POLICY OF BANKS IN THE ASPECT OF STRENGTHENING OF CONTROL OVER OBSERVANCE OF THE FEDERAL LAW «ON COMBATING LEGALIZATION (LAUNDERING) OF INCOME OBTAINED BY CRIMINAL MEANS AND FINANCING OF TERRORISM» ON THE PART OF THE BANK OF RUSSIA
Authors: Iakovlev, Alexey Borisovich; Dahnenko, Svetlana Sergeevna
Keywords: the Bank of Russia, the rules of internal control of banks, money laundering, anti-money laundering policy of banks, methodical recommendations of the Bank of Russia
the subject of this article is consideration of some topical issues, which are concerning functioning of counteraction to laundering of income obtained by criminal means and financing of terrorism in the credit organizations, in light of strengthening of control by the Bank of Russia over observance the legislation of the Russian Federation by the credit organizations in that field.