Âåðñèÿ íà ðóññêîì ÿçûêå
The full text of the journal
THE REASONS AND THE POSSIBILITIES OF THE EXPEDIENT REPLACEMENT OF VARIOUS KINDS OF CRIMINAL PUNISHMENTS
Author: Osipian, Boris
Keywords: lawful purposes and possibilities of expedient replacement of various kinds of criminal punishments, lawful and expedient criteria of judicial appointment of criminal punishments, spiritual and moral transformation and soul correction of the condemned criminals
In his scholarly-applied article «The Reasons and the Possibilities of the Expedient Replacement of Various Kinds of Criminal Punishments» the author by the means of consideration of the purposes of different kinds of criminal punishments reveals some lawful and expedient criteria of judicial appointment of criminal punishments, as well as shows some expedient possibilities of their timely and stage-by-stage replacement depending on various objective circumstances, diligent and good behavior, and also success of spiritual and moral transformation and soul correction of the condemned criminals.
REVOLUTION THEORETICAL-LEGAL ANALYSIS
Author: Chestnov, Ilya
Keywords: revolution, the concept of revolution, postclassical theory of law
In article are considered definitions of revolution in terms of law»s theory. The writer show changes of terms interpretation of revolution in new and newest time. Substantiates the position that from the point of view of postclassical theory of law the revolution concept — it is a social construct created by the power.
INFLUENCE OF INFORMATION TECHNOLOGIES ON TURNOVER OF INTELLECTUAL PROPERTY IN DIGITAL SPACE
Author: Shatkovskaya, Tatyana Vladimirovna
Keywords: information technology, intellectual property, paradigm, smart contracts, blockchain, digital economy
The article is devoted to the problem of the influence of the newest digital technologies on virtual and real legal relations related to the turnover of intellectual property. The author of the article comes to the conclusion that information technologies can act as a guarantor of intellectual rights and this should be recognized at the legislative level. The introduction of digital technologies makes it possible to reduce transaction costs and increase the level of commercialization of intellectual property.
DISCRETION AS A MANIFESTATION OF SELF-ORGANIZING BEGINNING IN COURT PRACTICE
Author: Shundikov, Konstantin
Keywords: law enforcement practice, judicial practice, self-organization, discretion, legal position, judicial precedent
The article discusses the main features of law enforcement practice, among which the self-organization of activities and relations of its participants stands out. It is shown that the key choice of the law enforcer is the possibility of independently determining his legal position in the case, the choice of the legal norm to be applied in a particular case, its independent interpretation and the adoption of the final law enforcement decision. The concept of enforcement discretion is analyzed.
PROBLEMS OF CONSTITUTIONAL AND LEGAL STATUS OF REPUBLICS WITHIN THE RUSSIAN FEDERATION: HISTORICAL AND LEGAL ASPECTS
Author: Ivshina, Irina
Keywords: civil law education, person, content of civil law education, the essence of civil law education
In the article explains the content of the phenomena of civil law education, its worldview and cultural meaning. The role of civil law education in the person’s formation.
CONSTITUTIONAL BASIS OF MONETARY CIRCULATION
Author: Rassylnikov, Igor Aleksandrovich
Keywords: money, monetary circulation, constitution, legal regulation
The article describes the constitutional basis of monetary circulation in Russia and foreign countries.
«BLACK HOLES» TAX LAW
Author: Tsvetkova, Elena A
Keywords: protection of rights and legal interests of taxpayers, aggressive tax planning, business transparency
The recommendations were developed by the tax authorities to combat aggressive tax planning schemes. However, the line between aggressive tax planning and tax optimization legitimate is very thin, but under the proposed scheme may include bona fide taxpayers. For example, specific schemes, which tax authorities consider aggressive tax planning schemes, attempted to analyze actions of the taxpayer who can disprove and prove its good faith. On the application diagram are considered bogus transactions to understating tax base, crushing businesses to unjustified use of special tax regimes, as well as the business divisions with a view to the application of the simplified system of taxation, and others.
SUBJECTS OF INTERPRETATION IN THE RIGHT OF SOCIAL SECURITY
Author: Astaeva, Marina G
Keywords: legal norms, social security law, subjects of legal relations
the article is devoted to the subjects of interpretation in the law of social security. The author defines the subject of interpretation, identifies the types of subjects and provides examples contained in the legislation.
ACTUAL PREREQUISITE OF REFORMING THE PENSION SYSTEM OF THE RUSSIAN FEDERATION AND WAYS OF THEIR OVERCOMING
Author: Maleykin, Alexander A
Keywords: pension reform, pension age, legislation, prerequisite
The topic of this article is the current prerequisites for reforming the pension system of the Russian Federation and ways to overcome them. The relevance of the work is due to significant changes over the past 20 years. The subject of the article is the reasons contributing to the change of the pension legislation and their implementation. The purpose of this work is to analyze the changes in the current pension legislation and offer options for achieving the challenges facing the reform of the pension system. The solution of the tasks set in the work was carried out on the basis of the application of General scientific research methods in the framework of comparative, logical and statistical analysis, as well as by analyzing the norms of the current legislation . The result of research work is the formation of legislative proposals to change the current legislation. The field of application of the results of research work is extensive and includes both the development of draft laws and legislative initiatives, and for the basis in subsequent research work in this direction. The article concludes that it is necessary to introduce a fee for able-bodied citizens as one of the measures to achieve the tasks facing the pension reform.
LABOR PROTECTION IN NARROW AND BROAD SENSE
Author: Mikhailov, Alexander V
Keywords: working conditions, labor protection in the narrow sense, labor protection in the broad sense, psychophysiological factors of labor protection, aesthetic conditions at work places
The author offers an analysis of the directions of the future development of labor protection in a narrow and broad sense. It is concluded that measures to improve legislation on labor protection should cover the moral and psychological side of labor relations. By differentiating labor protection norms, the possibility of assigning labor law norms and related branches of law to the labor protection institute in a broad sense is determined.
CIVIL AND ENVIRONMENTAL VIEWS THE ARRANGEMENT OF THE LAND
Authors: Zhuikov, Victor M; Bogolyubov, Sergey A
Keywords: land, forest area, land reclamation, hydrotechnical construction, citizens, law, society, state
land development involves several aspects, including soil improvement, reclamation, construction and operation of separate hydraulic structures, the creation of forest shelterbelts. The complexity of land development causes a number of approaches, views on him — civil, environmental, administrative, etc. the Inclusion of land plots, other natural objects to market explains the need for civil look. The associativity of the earth with other natural resources motivates the consideration of the environmental objectives. The modern period of development of society is important combination of understanding of real estate and ecology.
TO THE QUESTION OF THE FREE TRANSMISSION OF LAND PLOTS IN FEDERAL PROPERTY INTO MUNICIPAL PROPERTY OR IN PROPERTY OF SUBJECTS OF THE RUSSIAN FEDERATION
Authors: Zolotova, Olesya A; Vafin, Vladimir V
Keywords: land plots, state land policy, federal ownership of land, municipal ownership of land, tenants of land plots, compensation for damages
The article analyzes the content and practice of applying the norms of Chapter V.5 of the Land Code of the Russian Federation “Free transfer of land plots that are in federal ownership into municipal ownership or ownership of constituent entities of the Russian Federation” in order to identify legislative gaps, summarize judicial practice and develop proposals for improvement of legal regulation in this area.
As a result of the study, it was established that the norms of this chapter are an evolutionary continuation of the legislative consolidation of the procedure for the distribution of federal land ownership. The legal nature of gratuitous transfer of land plots from one form of public property to another is studied and it is concluded that it is one of the types of redistribution of public property. The procedure of gratuitous transfer of land plots from federal property to the ownership of constituent entities of the Russian Federation or to the property of municipalities, in particular the requirements for applicants and lists of plots, the transfer of which is possible and impossible, is analyzed. It was established that such land plots can not be attributed land plots provided to citizens and legal entities, since they are already involved in civilian circulation. However, law enforcement practice is the opposite, with some exceptions. It is concluded that the current situation does not contribute to the stability and rationality of land use. The proposed revised wording of the provisions of the Land Code of the Russian Federation.
LEGAL REGULATION OF RATIONAL USE OF AGRICULTURAL LAND: A NEW APPROACH
Author: Ibragimov, Curie
Keywords: agricultural land, legal regulation, land legislation, rational use of land, land protection, landscape-ecological system of agriculture, integrated approach
A new integrated approach in the legal regulation of the rational use of agricultural land is proposed. It is a system of legal support for the rational use of these lands in synergetic interaction with all other contact natural objects and with the environment as a whole. It is argued that the concept of «rational use of land» also implies «protection of land», therefore, it is proposed to exclude their separate use in land law. The definition of the new concept «complex rational nature management on agricultural lands» is formulated.
CONSEQUENCES OF CLIMATE CHANGE ON THE OBJECTS OF THE ANIMAL WORLD AND THE WAYS TO OVERCOME THEM
Author: Ivanova, Svetlana V
Keywords: fauna, climate, anthropogenic impact, adaptation to climate change, habitat, indicators of sustainability
Climate change is the most important factor determining the current state of wildlife populations. The author of the article proves that climate change has a negative impact on wild animals and their habitat, which leads to a reduction in the number of wildlife populations, degradation of ecological systems and other negative factors. Unfortunately. it is impossible to prevent and prevent most of the adverse effects, and therefore it is necessary to improve the ability of wildlife to adapt to the effects of climate change. In this regard, the author proposes a set of measures aimed at the adaptation of wildlife to climate change.
HOW DOES LAW, LEGISLATION ON CLIMATE
Author: Kashepov, Vladimir P
Keywords: law, legislation, climate, legal regulation, state, types of responsibility
legal means of maintaining and stabilizing the climate of the planet Earth are constantly subject to a comprehensive discussion. This is facilitated by international recommendations and agreements, on the one hand, and national regulations, on the other. Their ratio, analysis, development, use of types of legal responsibility allow to give a positive answer to the question.
CO-RELATION OF BRANCHES OF LEGISLATION WHEN LEGALLY REGULATING SOLID HOUSEHOLD WASTE AS AN OBJECT OF CIVIL LAW RIGHTS
Author: Kolb, Anastasiya A
Keywords: waste, solid household waste, transferability, waste legislation, civil legislation
Article writer analyzes the co-relation of branches of legislation when legally regulating solid household waste as an object of civil law rights. Solid household waste is examined in terms of legal property classification. An increased focus is put on the problem of solid household waste transferability.
LEGAL PROBLEMS OF USING LAND PLOTS IN THE ARCTIC REGION
Author: Revyakin, Anton P
Keywords: land, land plots, the Arctic, small indigenous folks, legal problems
The article discusses the legal problems of land use of indigenous peoples, including those living in the Arctic region. The author states the popularity of the Arctic region as an object of legal research. In this case, it is concluded that the legal regime of the lands of the Arctic region is regulated in fragments. There is no mechanism for granting land plots to indigenous peoples, which causes legal uncertainty in law enforcement. The same conclusion was made in respect of forest areas. It was noted that citizens are faced with legal uncertainty related to the restriction of rights to land plots in favor of small indigenous peoples. The problem of using the lands of the Arctic is the fact that the norms of the legislation are not ideally correlated in this part with the norms of the legislation on specially protected natural territories. The author has made proposals for the improvement of legislation in this area.
LEGAL ASPECTS OF PROTECTION OF LANDS UNDER RUSSIAN AND TAJIK LEGISLATION
Author: Sultonov, Tithuge
Keywords: Russia, Tajikistan, legislation, land, protection, rational use, soil, land protection, measures for land protection, land reclamation, agriculture, environmental requirements, compensation for harm
the Article is devoted to the comparative analysis of the Russian and Tajik legislation in the field of land protection. For a comprehensive consideration of this issue, at the beginning of the study, the analysis of basic concepts such as «land» and «soil» is carried out, and then the implementation of measures to protect and prevent land and soil degradation is analyzed. As a result of the study of comparisons, certain problems on the topic under study are identified and ways of their implementation are proposed.
ON THE PROSPECTS OF THE INTRODUCTION IN RUSSIA OF THE CRIMINAL RESPONSIBILITY OF LEGAL ENTITIES (COMPARATIVE ASPECT)
Author: Artemov, Vladislav
Keywords: legal person, responsibility, crime, criminal law, criminal responsibility, administrative responsibility, criminal offence, guilt, treaty
The article is devoted to a problem that causes a lot of controversy in the Russian scientific community at present: the possibility and expediency of introducing in Russia the institute of criminal liability of legal persons. The author underlines the problems of this issue. The main arguments of both supporters and opponents of criminal liability of legal persons are presented. Among the main arguments against — the question of personal guilt, which is a major problem and an obstacle to the introduction of this institute, the possibility of tightening the liability of legal persons in other branches of law, etc. Among the main arguments of the supporters of the criminal liability of legal entities the article refers to the international obligations of the Russian Federation, greater efficiency of criminal sanctions, criminal record of legal persons, judicial optimization and others. Attention is also drawn to the fact that since 2002 in the Russian Federation there has already existed administrative liability of legal persons, which was one of the major novelties of the Administrative Code, 2002. Russian administrative scholars have formulated the theoretical and practical bases of administrative liability of legal persons that can be used and the introduction of criminal liability of legal persons. In addition, attention is drawn to the current debate on the possible introduction in Russia of the category of criminal offence and the possible merging of criminal liability and administrative liability in one single form of legal liability. In this connection, it may be interesting to refer to the French experience, in which there are three categories of offences: crime, delit and contravention. At the end of the article the author points out the objective difficulties of the possible introduction into the domestic legal system of the institute of criminal liability of legal persons, which is caused by a number of reasons, first of all by the established principles of domestic criminal law doctrine.
CRIMINAL LEGISLATION OF FRANCE ON RESPONSIBILITY FOR ENVIRONMENTAL CRIMES
Author: Men’shikh, Andrey
Keywords: legislation, ecology, water, waste, export, import, pollution, responsibility, physical and legal persons, vehicles, fine, imprisonment
In the presented article the author explores the development of French criminal law on liability for environmental crimes.
We are talking about the laws from which the development of legislation aimed at protecting the environment began. In particular, we are talking about the laws aimed at protecting the environment from industrial pollution and the responsibility for it, for illegal export, import and transit of waste, as well as for pollution of water resources and territorial waters of the Republic.
In addition, the article deals with the penalties for acts committed by both natural and legal persons.
ORGANIZATIONAL, LEGAL AND ETHICAL ASPECTS OF THE INTERACTION OF JUDICIAL AND LAW ENFORCEMENT AGENCIES WITH THE MEDIA
Author: Potapov, Yuri
Keywords: judicial bodies, law enforcement agencies, mass media, media conflict, Media ethical standard
The article analyzes the legislation, as well as bylaws regulating the interaction of judicial and law enforcement agencies with the media. Much attention is paid to how to resolve media conflicts. The role of self-regulatory organizations in countering offenses by law enforcement officials, allowing the disclosure of proprietary information, its unauthorized transfer to third parties is shown.
REGULATORY BASES OF THE ACTIVITIES OF AUTHORIZED SUBJECTS IN THE TERRITORY OF THE LEADING SOCIO-ECONOMIC DEVELOPMENT IN THE FAR EASTERN FEDERAL DISTRICT
Authors: Bak, Yevgenia Vladimirovna; Kim, Alexandra Vladimirovna
Keywords: legal norms, the activities of government bodies, local governments, territories of advanced socio-economic development, investments, management company, control and supervisory activities, the Ministry of Eastern Development, the Supervisory Board
The article considers the system of legal acts regulating the activities of authorized entities in the territory of advanced socio-economic development within the borders of the Far East. Through the legislative declaration of the powers of the authorities, the participation of the dominant subject in making decisions on changing the boundaries of the priority development territory is shown. The legislative flaws that create practical problems in the development of the designated territories are identified, and measures to overcome them are proposed.