Vol 15, No 4 (2018)
THEORY AND HISTORY OF LAW AND STATE, HISTORY OF LAW AND STATE STUDIES
388-391 316
Abstract
The relevance of the article is due to the complex nature of sports as a factor in influencing statehood, public relations, as well as the objective need for comprehensive legal regulation of mass and high-end sports, taking into account national and international legal doctrine and practice. It emphasizes the need to integrate sports and legal norms and rules into the legal system of states. At the same time, it is necessary to create a stable law and order in physical culture and sports on the basis of theoretical and legal knowledge of the relevant relations. Currently, it is difficult to overestimate the importance of sports law as a regulator of complex sports relations, as well as the need to study its theoretical and methodological attributes: aspects, ideas, sources, concepts, principles, problems that have been the subject of this work.
392-399 316
Abstract
The article shows the processes of family transformation in the modern Western world, including in Russia, as a unique social institution. Based on the analysis of statistical data, the crisis moments of its development are indicated through the main reproductive function. As part of overcoming this crisis, the necessity and inevitability of the state family policy, both at the federal and regional levels, is proved. The specific features of the current stage of this policy are revealed. The analysis of regional state policy is presented on the example of the subject of the Russian Federation - Omsk Region, its main directions and mechanisms of implementation are indicated. Recommendations were made on improving state family policy, strengthening and developing the family institution, preserving and restoring traditional family values.
400-405 319
Abstract
The article deals with issues related to the independence of the judiciary in the Russian Federation. The Author analyzes various aspects of the dependence of judges on the chairmen of the courts and their deputies, on the administrative system of the courts. It is noted that the majority of legal scholars believe that the established procedure for appointment, terms of tenure of chairmen of courts and their deputies, the possibility of their reappointment create conditions for their influence on the part of legislative and executive authorities, as well as for abuses by chairmen of courts and their deputies. Various solutions to the problem of the independence of judges, proposed by Russian lawyers, have been investigated. The author concludes that there can be no independent judiciary when there is a rigid power vertical in the courts. Therefore, within the framework of judicial reform, scientists have proposed specific and understandable measures for the population and the judicial community, primarily of a legislative nature, to solve the designated problem.
406-410 1154
Abstract
The article is devoted to the definition of the concept of the state through its features. The Author notes that by this time the universal definition of the state is not formulated in modern Russian legal science. To confirm his point of view, the Author cites the main concepts of the state from the works of Russian scientists, paying special attention to its features. As a result of the analysis, the Author identifies two basic meanings of the concept of the state, which include ideas about the state as an apparatus of state power and as some kind of state-organized community. It is emphasized that the discrepancies in the interpretation of the essence of the state are explained by which of the signs of the state receive the status of primary, and which of them are derived. According to the Author, when defining the concept of a state, it is necessary to consider the entire set of features that will allow the development of a universal definition.
CIVIL LAW, BUSINESS LAW, FAMILY LAW, INTERNATIONAL PRIVATE LAW
411-416 422
Abstract
In the proposed article, on the basis of the analysis of modern Russian legislation, the most urgent problems associated with testamentary refusal are considered. The authors of the article have tried to define the concept of testamentary refusal, to identify the conditions for its implementation, to designate the circle of persons in whose favor the testamentary refusal is made. The problem of coincidence of the heir and the legacy in one person is noted. The authors have reviewed the legal case related to the testamentary refusal, identified some features of the right to use a dwelling on the basis of the legate, analyzed the validity of the right to claim the execution of the legate arising from the designated beneficiary, investigated the problem of notaries ’refusals to issue a certificate of legal rights, addressed the issue of institute of vindication (real) testamentary refusal. In conclusion, the authors formulated some proposals for improving the legal regulation of the implementation of the legate.
417-422 275
Abstract
The article analyzes the civil law and law enforcement practice of the Russian Federation in terms of the legal registration of the section of an individual dwelling house. The legally significant circumstances are determined, the establishment of which is necessary when dividing a residential building with the formation of a multi-family residential building and a blockaded building. The authors, guided by the legal positions of the highest bodies of justice of the Russian Federation, substantiate the conclusions about the presence of gaps in the legislation and significant difficulties in the legal registration of the section of an individual dwelling house. Thus, based on an analysis of the legislation and its application in cases of dwelling section, a conclusion is made that a number of problems arise during the formation of two objects as a result of dividing a dwelling house: an apartment building and a blocked construction house and not forming parts of a dwelling house.
423-427 330
Abstract
The article is devoted to the actual today the problem of the implementation of effective state and municipal procurement in the Russian Federation. The author believes that the creation of the concept of regulation of state and municipal procurement in the Russian Federation is impossible without the formation of state legal policy in this area, which is of great practical importance, especially in connection with the ongoing modernization of existing regulations governing the procedure for conducting procurement procedures. As a result of the study, the author comes to the conclusion that the legal policy in this area can act as a guarantor of increasing the efficiency of state and municipal procurement provision by implementing a systematic approach to the issues of procurement procedures, the conclusion and execution of contracts.
428-433 584
Abstract
The article discusses the categories of “blockchain” and “mining”, problems of legal regulation of cryptocurrency and tokens both in Russia and abroad. Using the capabilities of the system analysis method, formal logic, as well as linguistic and philological techniques and methods of research, the author comments on the norms of the current criminal and administrative legislation on responsibility for the use of cryptocurrency in the calculations.It is concluded that there are significant shortcomings in this area, which does not allow to regulate these public relations in the most efficient way. The fact that modern public law of Russia initially incorrectly interprets the economic and information technology nature of cryptocurrency is noted as a significant drawback, and therefore the legislator leaves the actual issues of cryptocurrency circulation in transactions outside the scope of its regulatory interest. Attention is drawn to the significant shortcomings of the legislative technique, “law-making tongue-tied”, which not only does not contribute to the effective legal regulation of these issues, but also undermines respect for the law as a normative legal act with the highest (with the exception of constitutional acts) legal force in any state.
434-439 338
Abstract
The article considers the legal nature of the legal precedent that has become relevant recently - the transfer of maintenance obligations by inheritance. As a general rule, enshrined in the civil law doctrine of our country, property rights and obligations are not part of the inheritance, if they are inextricably linked with the personality of the testator, and also if their transfer in the order of inheritance is not allowed by the Civil Code of the Russian Federation or other federal laws. In particular, the inheritance does not include the right to alimony and maintenance obligations. However, the judicial practice of the Supreme Court of the Russian Federation, which has arisen since 2013, suggests the opposite: the monetary obligation in question was recognized as a debt unrelated to the person, and therefore, according to the court, the obligation to pay it must pass to the heir of the debtor, which the latter subject to acceptance of the inheritance, he is obliged to repay within the limits of the value of the inherited property transferred to him. The article expresses the author's reasoned opinion on the controversy of such a position.
LAND LAW, NATURAL RESOURCES LAW, ECOLOGICAL LAW, AGRICULTURAL LAW
440-446 403
Abstract
The article proves that “natural wealth” is a term of Russian constitutional law that has no implementation mechanism in sectoral (environmental) legislation and only duplicates the term “natural resources” including all components of the natural environment (land, water, forests, etc.), which can be used in economic activities. Since the term “natural wealth” does not carry any independent meaning, it is necessary to exclude from Art. 58 of the Constitution of the Russian Federation the mentioning of the need to “take care of natural resources”.In addition, the authors of the Federal Law “On Environmental Protection” propose to exclude rules obliging citizens to protect natural resources, since this obligation is implemented through a number of more specific rules on the protection of natural resources and objects.
CRIMINAL LAW AND CRIMINOLOGY, PENITENTIARY LAW
447-452 366
Abstract
The article deals with the question of the possibility of qualifying one murder at the same time and under paragraph “b” and under paragraph “k” of Part 2 of Article 105 of the Criminal Code of the Russian Federation on the grounds of “a person or his relatives in connection with the performance of official activity by a person or the performance of public duty” and “with the aim of concealing another crime or facilitating its commission”. Analyzing the criminal legislation, the provisions of the Decree of the Plenum of the Supreme Court of the Russian Federation of January 27, 1999 No. 1 “On judicial practice in cases of murder (Art. 105 of the Criminal Code of the Russian Federation)” that such a possibility should not be excluded. As a general rule, a crime may have one dominant motive, but in some cases a single crime, including murder, may be due to several motives (the main thing is that they are not mutually exclusive).
453-455 339
Abstract
The legislation on the contract system in the field of procurement for state and municipal needs is a complex legal mechanism, the functioning of which complicates the corruption component. Parties to a state (municipal) contract must clearly recognize the full range of responsibility for breaking the law. The application to the participants of the procurement process of the norms of the Criminal Code is a last resort by the state. The legislator, using a differentiated approach, established responsibility for the contract service worker, the contract manager, a member of the procurement commission, and persons who are interested in bribing them. When creating a norm, the rules of legal engineering were not observed, the experience of building norms provided by Art. 204, 2041, 2042, 290, 291, 2911, 2912 of the Criminal Code of the Russian Federation, provisions of the theory of criminal law on corpus delicti and on the institution of exemption from criminal liability.
456-460 322
Abstract
The article discusses the quality of the construction of the norms of the criminal law, provided for by Articles 2011 and 2854 of the Criminal Code of the Russian Federation, which establish criminal liability for abuse of authority in the performance of the state defense order. The difficulties arising from the application of the studied norms are highlighted, the issues of a possible judicial interpretation of the characteristics of the indicated offenses, as well as the position of modern scientists on this issue are considered. Foreign experience is also being studied: the legislation of the United States of America and the Federal Republic of Germany is being analyzed. Based on this, the author concludes that the considered articles of the Criminal Code of the Russian Federation have a number of significant gaps and contradictions that can have a significant impact on the emerging practice of their application, therefore, formulates his own proposals for their elimination.
JUDICIAL ACTIVITY, PROSECUTORIAL ACTIVITIES, HUMAN RIGHTS AND LAW ENFORCEMENT ACTIVITIES
461-465 310
Abstract
The issues of ensuring the personal physical safety of the traffic police officers of the State Traffic Safety Inspectorate were considered. In order to increase the security of employees, it was proposed to standardize the actions of persons in the vehicle. Formulated proposals to amend the Traffic Regulations of the Russian Federation, according to which every person in the car, if stopped by a police officer, must perform certain actions or refrain from actions (the driver must shut down the engine, not leave the car and keep his hands visible on the upper part of the steering wheel, at night, turn on the lighting inside the car, completely lower the front side window on the driver’s side, as well as all windows that have tinted; passengers should not leave the vehicle and open the car door). A mechanism for the phased implementation of the norms is proposed.
CRIMINALISTICS, FORENSIC ACTIVITY, OPERATIONAL AND INVESTIGATIVE ACTIVITIES
466-471 313
Abstract
The article discusses the scientific and practical significance of the criminalistic characteristics of crimes. The correlation of the concepts of criminalistic characteristics of crimes and the subject of proof in a criminal case, which are close, but not competing with each other concepts, since they are intended to solve various problems. It is concluded that the quality, as well as the existing system of introduction of scientific products have an impact on the value of forensic characteristics for practice. Proposed measures to improve the efficiency of forensic characteristics of crimes of certain types and groups. It is concluded that the effectiveness of private methods of investigating certain types and groups of crimes directly depends on the use of more sophisticated software, complex mathematical methods, as well as on maximum detailing for individual types, sub-types of crimes, for individual regions.
ADMINISTRATIVE LAW, ADMINISTRATIVE PROCESS
472-479 336
Abstract
Tax control, its legal nature is a topic that is often found in the works of theoretical scholars of financial and tax law. However, a one-sided view (from the point of view of exclusively financial and legal regulation) does not allow one to fully objectively assess and reveal all facets of relations in this sphere. The article proves that the legal regulation of tax control is based on the norms of administrative and administrative procedural law. The duality of the legal nature of tax control is shown, the administrative and protective nature of the activities of bodies authorized in the field of control is disclosed. The Author's definition of the concept of “tax control” is given, the object, subject, control tasks in the field of taxes and fees are highlighted. The author consistently shows that the essence of tax control, on the one hand, is the protection of the financial interests of the state, and on the other, ensuring the legality of taxpayer duties, prohibitions and restrictions.
480-486 372
Abstract
The article provides a general description of the organizational and legal model of the functioning of the police of the People’s Republic of China to ensure the safety of road users. The purpose and structuralfunctional interrelation of a number of state bodies included in the road safety system are considered: the Department of State Security at the State Council of the People’s Republic of China, the Ministry of Public Security (MOB), the transport departments of the MOB and the Traffic Police. The analysis of the laws of the People’s Republic of China “On the People’s Police” and “On measures of road safety”. Attention is focused on the high level of training requirements for the People’s Police of China. Administrative and legal sanctions for violations of road safety rules in the PRC are investigated.
487-491 932
Abstract
The article is devoted to the essence of public financial control and its role in the system of financial control in the management of the state. This article analyzes the existing in scientific literature approaches to the concept and contents of public financial control, and examines the problems of legal regulation, discusses the possibility and necessity of developing and adopting a single legal act, which would unite the legal regulation of both state and non-state financial control, including public control. In the Russian Federation, anti-corruption activities remain quite relevant. The Institute of civil society plays a significant role in such activities. Public associations, monitoring the effectiveness of budget expenditures, disclose, consider and control a variety of corruption phenomena in the financial sphere of the state.
CIVIL PROCESS, ARBITRATION PROCESS
492-496 288
Abstract
The article analyzes the legislative initiatives of the procedural legislation aimed at streamlining the judicial process in resolving disputes in civil cases. The Author examines the bill submitted by the Supreme Court of the Russian Federation proposing amendments to the Civil Procedure Code of the Russian Federation, the Arbitration Procedure Code of the Russian Federation, the Code of Administrative Proceedings of the Russian Federation, as well as amendments to this draft law. The Author expresses his opinion regarding the exclusion of the term “jurisdiction” from procedural laws, introducing a requirement for higher education to a representative, introducing a new participant in procedural relations - attorney, refusing to prepare a reasoned part of a court decision as a general rule, as well as limiting contractual jurisdiction and other issues. The analysis of the draft law covers amendments to it made in the first reading, as well as various rationales and outcomes of discussions.
TRIBUNE OF YOUNG SCIENTISTS
497-501 284
Abstract
In article the attention to features of a regulation of criminal and administrative responsibility for violation of the right to freedom of worship and religions by the legislation of the Russian Federation and some Countries of the Commonwealth of Independent States (The Republic of Kazakhstan, Ukraine and Republic of Belarus) is paid. It is specified that in the analyzed laws of these countries there is no uniform technical and legal approach of contents of articles belonging to protection of the right analyzed by us. Besides, administrative legal protection of the right to freedom of worship and religions is absent in the Code on Administrative Offences of the Republic of Kazakhstan and Ukraine. It is in turn emphasized that the domestic legislator from the Belarusian experience needs to adopt such sign at hindrance of activity of the religious organizations or holding a church service and other religious actions provided that their actions don't disturb the public peace and don't affect the right, freedoms and legitimate interests of citizens as in Russia various destructive religions the violating these rights of citizens work. Also from the Belarusian experience the Russian legislator should enshrine in the Code of the Russian Federation on Administrative Offences responsibility for involvement of the minor without the consent of parents or one of parents or persons them replacing to systematic participation in church services and other religious actions because take place when one of parents professes any religion, including destructive, and other parent tries to interfere with it.
502-506 397
Abstract
The article discusses the need for codification of rules on administrative responsibility for violation of the legislation of the Russian Federation on education, since these rules are contained in the Code of the Russian Federation on administrative offenses in different chapters of the Special Part. The author also conducts a comparative analysis of administrative legislation on responsibility in the field of education in the countries of the former USSR - the Republic of Kazakhstan, the Kyrgyz Republic and the Republic of Moldova. On the basis of the results obtained, it is concluded that it is necessary to systematize and single out an independent chapter in the current Code of Administrative Offenses of the Russian Federation on responsibility in the field of education. Allocation of an independent chapter, according to the author, will contribute to the improvement of the institution of responsibility in the field of education, the implementation and protection of the constitutional rights of citizens in this area
507-512 295
Abstract
Existing private approaches and types of legal thinking, being opposed to each other, do not allow to fully disclose the role and content of law as a fundamental category of most legal studies, which is reflected in the inconsistency of the obtained research results when viewed from other methodological positions. This usually manifests itself in ignoring the issues of analysis of actual legal relations and the existing sense of justice. Despite the rationale for the use of the integrative type of legal thinking, the issue of the relationship of key elements of law that make up this type of legal understanding is poorly disclosed in the scientific literature, which significantly affects the awareness of its true role for modern legal science.The Author assumes that the existing approaches to the study of law are justified solely for the purpose of conducting private research, but the right being a priori being a broad category by value, should be perceived systematically, which requires its understanding through the prism of an integrative type of legal understanding. The concept of work is the primacy of the systemic understanding of law, which determines the dependence and the need to study the social environment of its existence, as well as the relationship of the main elements that make up the integrative type of legal thinking as the fundamental prerequisite for studying a wide range of different legal phenomena. The answer to the question about the understanding of law will directly depend on the signs of law, the range of sources in which its norms are contained, and, consequently, the criteria for distinguishing between legitimate and illegal behavior, legal and non-legal norms, which also allows to determine the relationship between law, power and strength.
ISSN 2658-7602 (Print)
ISSN 2658-7610 (Online)
ISSN 2658-7610 (Online)