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SOCIAL CHANGES AND SOCIAL TRAUMA: CORRELATION OF CONCEPTS IN THE DISCOURSE OF THE CONSTITUTIONAL HISTORY OF FRANCE

Author: Bochkarev, Sergey V
Pages: 6-8
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Abstract:
The article attempts to analyze the interdependence of social changes and social trauma in the context of the constitutional history of France. The present study was carried out using both General scientific and private scientific methods. The General scientific methods of research, first of all, include analysis and synthesis, which involve the process of decomposition of the whole into component parts and the subsequent structuring of the whole from separate parts. A special place is given to the dialectical method of cognition. In the present article, the functional refraction of the use of the dialectical method is manifested primarily in the fact that its provisions and requirements allow us to trace the social development of France in the discourse of constitutional history.The basic views on the concepts of social change and social trauma are considered. The typology of social changes is analyzed. In the historical retrospective, on the example of France, the regularities in the development of social changes are shown, the features of socially traumatic events and their overcoming through constitutional and legal mechanisms are highlighted.


POLITICAL AND ECONOMIC AMNESTY 1994 YEARS 25 YEARS

Author: Vishnyakov, Victor G
Pages: 9-13
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Abstract:
The article suggests that the political and economic amnesty is exclusively state-legal institutions. It expresses directly the supremacy and independence of state power. The constitutional-legal nature of political and economic amnesty is a guarantee of the states duty to recognize, respect and protect the highest value of a person human and citizen rights and freedoms. The procedure for the adoption and implementation of this amnesty is provided within the framework and on the basis of the Constitution of the Russian Federation and should not be replaced and destroyed by other legal institutions. The article discusses in detail the practice of preparing and implementing by the State Duma of the Federal Assembly of the Russian Federation resolutions of February 23, 1994 On declaring a political and economic amnesty, and offers are made to improve this legal institution. The author sought to move away from political assessments, strictly follow the text of the Constitution of the Russian Federation, federal laws and other legal acts.


META-LEGAL AND OVER LEGAL CHARACTER AND THE LAWFUL ACTIVITY OF INSTITUTES OF COMMUNICATION AND AMNESTY IN CRIMINAL, PROCEDURAL AND PENITENTIARY LEGISLATION

Author: Osipian, Boris
Pages: 14-21
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Abstract:
The author by means of revealing of extralegal essence and the purposes of acts of the amnesty and the pardon shows some ways which allow the state legislators and governors graciously, honesty and correctly to use these constitutional institutes and not to transform them into wrongful and fatal means for satisfaction of self-interest (corruption) or the incorrect decision of some political and economical problems connected with overloading of prisons and colonies for the condemned criminals and their proper material maintenance before the end of the criminal punishment.


JOURNALIST AND ARMED CONFLICTS (TERMINOLOGICAL AND LEGAL ISSUES)

Author: Potapov, Yuri
Pages: 22-25
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Abstract:
The article analyzes the main legislative concepts related to special legal regimes and armed conflicts, provides their classification, discusses the features of professional activities of journalists in these conditions, notes the unresolved issues of law coverage of counter-terrorism operations.


OFFENCES IN POSTCLASSIC INTERPRETATION

Author: Chestnov, Ilya
Pages: 26-28
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Abstract:
The writer make analysis of offences from postclassic methodologys position. From this point offences is social construct, clothed in an iconic discursive form, conditioned by history and social culture, potential inexhaustible in front manifestations, phenomenon. Offences systematic and dialectics it is considered as a procedural mechanism. It includes the construction of legal prohibitions, social control system, social factors, exist like the reasons (conditions) of offences and offences actions.


BLOCKCHAIN AS INSTRUMENT OF PROTECTION OF THE RIGHTS FOR PAPERLESS SECURITIES

Author: Borisova-Zharova, Victoria G
Pages: 29-33
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Abstract:
The article explores a concept of paperless securities and contains history of creation and the technical specification on blockchain technology and also the sphere of its application. Besides, the relation to a blockchain in the world and also the laws and regulations regulating this technology is investigated. Further the blockchain is considered as a way of protection of the rights of owners of paperless securities and also gaps and weak points of the legislation.


THE CONTENT OF THE EXCLUSIVE RIGHT TO OBJECTS OF INDUSTRIAL PROPERTY

Author: Shatkovskaya, Tatyana Vladimirovna
Pages: 34-37
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Abstract:
the article highlights and analyzes the problems of understanding industrial property and the theoretical justification of exclusive rights. These problems, according to the author, entail the discreteness of the legislative protection of scientific, technical and artistic and design results of intellectual activity. In addition, modern legislation restricts authors in their constitutional right to protect creative technical developments with potential, but not included in the list of protected results of intellectual activity.
The author proposed the definition of industrial property and justified the need to preserve this institution and its further development in legal science.
On the example of specific objects of industrial property, the features of the content of an exclusive right, certain forms of their use and legislative restrictions are disclosed.


REGULATION OF SOCIAL SECURITY OF SELECTED CATEGORIES OF CITIZENS BY INTERNATIONAL REGULATIONS

Author: Grigoriev, Ivan V
Pages: 38-41
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Abstract:
the article deals with some issues of legal regulation of social security of citizens by international rules. The classification of international sources of social security law is presented. The problems of regulation of social security by bilateral treaties and agreements of the Russian Federation are highlighted. The methodological basis of the work was the General scientific methods of system analysis and generalization of normative and scientific materials. The novelty of the article is determined by the fact that it is a comprehensive study of the regulation of social security by international standards.


HOW TO CORRECTLY IMPLEMENT PROFSTANDARDS: PROBLEMS AND RECOMMENDATIONS

Author: Kamenskaya, Svetlana V
Pages: 42-44
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Abstract:
problems of introducing professional standards for employers appeared simultaneously with the corresponding amendments to the Labor Code of the Russian Federation as far back as 2015. However, to date, many questions remain open because of their unresolved at the level of subordinate regulatory acts. This article discusses the main points of application of professional standards by employers.


DIFFERENTIATION OF WARRANTIES AND COMPENSATIONS FOR EMPLOYEES WORKING IN HARMFUL AND (OR) HAZARDOUS WORKING CONDITIONS

Author: Mikhailov, Alexander V
Pages: 45-47
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Abstract:
The author proposes on the basis of the differentiation of guarantees and compensations to employees working in hazardous and (or) hazardous working conditions, to analyze the compliance of the rules governing the special assessment of labor with the individual principles of labor law. The article concluded that due to the deepening of labor relations, the differentiation of the norms of both individual labor law institutions and sub-institutions is intensifying. The conclusion is made about the need to transfer the functions of the Ministry of Labor of the Russian Federation to Rospotrebnadzor for the preparation of a methodology for conducting a special assessment of working conditions with the development of a Classifier of harmful and (or) hazardous production factors.


PECULIARITIES OF TERMINATION OF A URGENT LABOR CONTRACT WITH A PREGNANT LABOR

Author: Chernenilova, Yuliya S
Pages: 48-49
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The article explores the practical issues of termination of a fixed-term employment contract (STD) with a pregnant woman in the Russian Federation. The author provides court practice.


TO THE PROBLEM OF INDEPENDENT ACGUISITION OF MATERIALS BY AN EXPERT AND THEIR SUFFICIENCY IN FORENSIC LAND SURVEYING

Author: Vasin, Daniil Yu
Pages: 50-56
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Abstract:
The article reveals the essence, interrelation and ways of solving the problems of independent acquisition of materials by an expert and their sufficiency in judicial forensic land surveying.


THE FORMATION OF THE RUSSIAN CIVIL PROCEDURAL LEGISLATION

Author: Zhuikov, Victor M
Pages: 57-63
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Abstract:
the civil procedure legislation has passed a long way of its formation from the Charter of civil procedure of the Russian Empire in 1864 to the Civil procedure code of the Russian Federation in 2003. The formation of the civil process in our country was influenced by the development of property relations, attempts to stabilize the procedural order, market reforms.
A significant role was played by The civil procedure code of the RSFSR of 1923, which reflected the procedural freedom and limitations of business activities under the control of the state, the basic principles of litigation in civil cases, many of which have been tested by time, practice. To date, the main principles of determining the jurisdiction, representation, court notices and expenses, procedural terms, the implementation of the claim, the presentation and provision of the claim, proceedings, evidence. Attention was paid to the civil procedure code, 1923, proof, sentencing, appeal, revision, and implementation of decisions.


SOME ISSUES OF LEGAL REGULATION OF RATIONAL USE OF AGRICULTURAL LAND

Author: Ibragimov, Curie
Pages: 64-66
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Abstract:
The article deals with the issues of rational use of agricultural land in the Russian Federation. The main causes of the current negative state of these lands are shown and ways to improve the efficiency of their use are shown. In particular, it is proposed to export not grain, but produced on the basis of grain fattening of farm animals and poultry meat and milk, products of their processing. According to the author, animal husbandry will significantly increase the profitability of agriculture, provide arable land with organic fertilizer, demand a return to the crop rotation of perennial grasses and induces the development of many other sectors of the countrys economy, as well as strongly motivates the growth of agricultural science and education in Russia.


INCONSISTENCY OF THE FEDERAL LEGISLATOR IN THE ISSUE OF CADASTRAL RELATIONS

Author: Lipski, Stanislav A
Pages: 67-70
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The author compares the consequences of the decisions of the Federal legislator to change the organization of cadastral activities and cadastral valuation. The reasons for these decisions were similar. The results of these activities were of poor quality. Also 10 years ago both types of activity were carried out by the organizations subordinated to Federal authorities. Then the legislator has transferred this works of cadastral engineers and the independent evaluators, and monitoring for quality of works carried out their self-regulatory organizations. In 2016-2017, the legislator adopted multidirectional decisions. The state distanced itself from cadastral activities and strengthened the role of the institution of self-regulation in this sphere. But with regard to cadastral valuation, it took the relevant work, removing from them from appraisers and their self-regulatory organizations. The author considers the most significant of these changes, as well as an alternative measure implemented by the legislator a year earlier. These are complex cadastral works, which did not give the expected result due to lack of adequate funding.


LEGAL REGULATION OF THE CONTROL FUNCTION OF THE STATE AND LOCAL GOVERNMENT BODIES FOR THE IMPLEMENTATION OF URBAN PLANNING ACTIVITIES

Author: Postavnaya, Natalia Pavlovna
Pages: 71-76
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Abstract:
The article analyzes the problems of legal regulation of the control function of public authorities for the implementation of urban planning activities. It justifies the conclusion that the control function of public authorities for the implementation of urban planning activities begins with the regulation of the choice of location of the object of urban planning activities, its design, construction and reconstruction before commissioning and decommissioning. Documents of territorial planning, urban zoning and planning of the territories of municipalities are proposed to be considered as the legal basis of the control function of state bodies and local self-government over the implementation of urban planning activities. Using the example of analyzing individual legal acts of environmental and city-planning legislation, it is proposed to improve the procedure for ecologization of city-planning legislation governing the behavior of subjects of city-planning relations.


ON THE CLASSIFICATION OF DISPUTES ABOUT THE BOUNDARIES OF LAND

Author: Samoilenko, Dmitrii V
Pages: 77-79
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Abstract:
The article discusses some of the grounds for the classification of land disputes, suggested by Russian scientists. The author proposes a classification of disputes about the boundaries of land plots by the nature of the claims, which should be the basis for the development of model issues that are put to the resolution of judicial land survey expertise.


FEATURES OF REGULATING GRANT OF PAROLE IN AUSTRALIA (FOR EXAMPLE OF THE VICTORIA STATE)

Author: Artemov, Vladislav
Pages: 80-83
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Abstract:
This article is devoted to the study of conditional release grant of parole in Australia using the example of the state Victoria. The author examines the legal regulation grant of parole in Victoria and draws attention to the fact that the release of convicts and their return to normal life in society. A separate place in the article is occupied by a study of the history of the emergence grant of parole in Australia in the 19th century, as well as its development in Victoria. In Australia, like in many other common law countries, the Australian court sets a non-parole period during which the convict does not have the right to apply for parole. A significant part of the article is the study of the Victorian main body, which makes decisions on the release on parole of convicted adults Adult Parole Board. Thus, the author studies the legal basis of its functioning, its functions stipulated in the law, the procedure of its work.


GRANT OF PAROLE UNDER FRENCH LAW

Author: Menshikh, Andrey A
Pages: 84-86
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Abstract:
Relevance of the topic presented in the article is determined by the fact that parole is a type of economy of penalty. Release on parole is termination of criminal punishment provided its objectives are achieved before the end of the sentence imposed on the convicted person with a probationary period imposed on the person being released, during which he must prove his correction. Violation of the probationary period leads to the resumption of the execution of the penalty imposed. In addition, application of parole is a manifestation of humanism and is aimed at encouraging convicts to reformation of behaviour as well as to maintaining order in prisons. Parole may be full or partial. Under full parole the convict is released from both the main and the additional punishment if the latter was imposed. Under partial parole execution of the additional penalty continues. The presented article considers the conditions on the basis of which it the convict is granted parole.


CRIMINAL LIABILITY FOR THE ILLEGAL USE OF THE MEANS OF INDIVIDUALIZATION

Author: Navrotskaya, Alina
Pages: 87-89
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Abstract:
Judicial practice of recent years reveals a number of significant issues and systemic problems in the sphere of application the rules of procedural law in disputes about the qualification of criminal liability for the unlawful use of means of individualization. Due to quite serious violations in this area, as evidenced by the judicial practice of recent years, the questions of regulation and improvement at the legislative level of legal liability for offenses in the use of exclusive rights of trademarks and other means of individualization are in demand, especially taking into account contemporary challenges, economic realities and new trends.


CORRELATION OF CRIMINAL-LEGAL QUALIFICATION OF CRIMES AND CRIMINALISTIC CHARACTERISTICS OF INDIVIDUAL TYPES OF CRIMES

Author: Fesik, Peter Yu
Pages: 90-92
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Abstract:
the article deals with the correlation of criminal legal qualifications and forensic methods of investigating certain types of crimes. The question of the value of versions for the process of qualifying crimes is also considered.


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