No 1 (2016)
CONSTITUTIONAL LAW, CONSTITUTIONAL JUDICIAL PROCEEDINGS, MUNICIPAL LAW
4-10 394
Abstract
On the basis of decisions of the Constitutional Court of the Russian Federation on issues of electoral law a hierarchy of public and individual interests, realized in electoral relations, is built, a balance between them is established. The author analyzes the decisions of the Constitutional Court and notes that this balance is not constant: in the case of divergence of interests of the state, society and the individual the relevance and advisability of satisfying each of these interests depend on the particular circumstances.
10-14 254
Abstract
The article analyzes the powers of territorial social self-government in the cities of the Siberian Federal District. The author comes to the conclusion that there is pluralism in the legal nature of the institution of local government, as well as providing basic types of bodies of territorial social self-government.
15-19 266
Abstract
In the present article separate aspects integration of the Russian higher education into the international educational environment are considered. The contents of the international legal standards in the sphere of the higher education is revealed. The international and Russian legislation in education is analyzed. This article has conclusion that participation of the Russian Federation in world processes in education had essential impact on the maintenance of a constitutional right on receiving the higher education in Russia.
CIVIL LAW, BUSINESS LAW, FAMILY LAW, INTERNATIONAL PRIVATE LAW
20-23 357
Abstract
The article is devoted to the new Russian legislation institution of collecting money for non-performance of court decision - astrent. The legal nature and problems of it's enforcement in the Russian Federation of astrent are analyzed. investigate The circumstances that the court must take into account for recovering of astrent are investigated. Particular attention is paid to the problems of legal regulation of the aforementioned institution, gaps in legislation, hindering the implementation of astrent
24-29 253
Abstract
The article discusses the theoretical issues of legal regulation mechanism features of separate stages of public procurement. Conclusions about the legal nature of the type of legal regulation, its relationship with the peculiarities of the legal facts and legal relations are given.
29-32 379
Abstract
The article deals with the problem of causal nexus in the civil law. Based on analysis of respective regulations similar in their contents in both Russian and Belarusian civil law, the author comes to conclusion that casual nexus is both a condition of contractual liability and an element of civil structure of damages at the same time. Emphasizing the fact that neither legislation nor judicial enforcement require a researcher to make a strict separation between these aspects both in Belarus and Russia, the author argues that accentuation of one of the above aspects (namely, casual nexus as an element of civil structure of damages) does have its own significance.
32-37 260
Abstract
The article analyzes the types of rights in rem in the draft amendment of the Civil Code of the Russian Federation. The author proves the statement of absence of proprietary nature at the right to acquire another's immovable property, at the right in rem extradition and of negative servitudes.
LABOR LAW, SOCIAL SECURITY LAW
38-41 223
Abstract
The publication outlines the main scientific views on the issue of local content regulations, the structure of the rules of their filling. The author explores the principles of the internal labor regulations of the organization. The role of incentives, encouraging labour regulations as the specific features of the local employer's rulemaking, expressing its requirements to employees, are analyzed.
CRIMINAL LAW AND CRIMINOLOGY, PENITENTIARY LAW
42-46 370
Abstract
The article deals with the qualification of insignificance of act problematic issues, the impact of judicial discretion in the formation of judicial practice on the assessment of insignificance is reflected. The basic signs of insignificance are described, the conditions for recognition insignificant acts are defined. The authors come to the conclusion to exclude part 2 of Art. 14 of the Criminal Code of the Russian Federation and amend it by the article "Exemption from the criminal liability in connection with acts of insignificance", limiting the range of categories of such acts only to minor offenses committed by first time.
46-51 264
Abstract
The article discusses the concept and features of religious extremism, problems of law enforcement in this area. Analysis of judicial practice leads to the conclusion about the limited effectiveness of legal remediesin qualifying and countering extremism. Improving the system of prohibitions and sanctions should be done in parallel with the development of other means of inter-religious cooperation.
51-55 280
Abstract
The qualification problem of illegal depraved actions is described in the article. The examples of law enforcement are presented and analyzed. The practice of foreign legislators in this area is described. The ways of optimization of the Russian criminal legislation in the depraved actions sphere are proposed, recommendations to law enforcement officials are given.
CRIMINAL PROCEDURE
56-60 428
Abstract
The authors on the basis of certain Russian science of criminal procedural law positions study concerning ratio of criminal proceedings adversary sources and the provision of complete, comprehensive and objective investigation of the case offer the model of legislative consolidation of the latter as a principle of modern Russian criminal procedural law.
61-67 255
Abstract
This article analyzes the initiative of the Supreme Court of the Russian Federation concerning the decriminalization of certain crimes and increasing the amount of the theft of another's property for criminal responsibility. The author notes the expected positive effect and disadvantages of decriminalization, draws the attention to alternative ways to reduce load of pretrial investigation and court proceedings.
67-70 252
Abstract
The article deals with the problems of conducting preinvestigation period leading to the violation of the rights and legitimate interests potential suspects and victims. On the basis of the conducted research the author offers to enshrine in law the right of a person to a statement of petition for execution of specific testing activities, as well as the need to strengthen departmental control over solutions, accepted by results of production test.
CRIMINALISTICS, FORENSIC ACTIVITY, OPERATIONAL AND INVESTIGATIVE ACTIVITIES
71-77 235
Abstract
On the basis of the subject of proof (Art. 73 Code of Criminal Proceedings), clarification of higher courts in Russia, certain regulatory sources, author formulated range of circumstances to be established in cases of road traffic offenses, necessary in particular for the decision to initiate criminal proceedings in cases of road traffic offenses.
ADMINISTRATIVE LAW, ADMINISTRATIVE PROCESS
78-84 278
Abstract
In the practice of executive authorities in Germany are often issued not only administrative acts con taining one (basic) position of a regulatory nature, such as permission of anything, but also additional provisions to administrative acts. The article discusses the types of additional provisions, studies the conditions of their publication and procedural problems of their challenge.
85-90 304
Abstract
In this article the author focuses on the American system of administrative agencies, which are the fundamental pillar for the functioning of administrative justice of the country. A study of the conceptual and taxonomic unit of the current system of administrative agencies of the United States, with the help of comparative analysis of the advantages and disadvantages of legal and doctrinal definitions of the concept of “administrative agency” the author develops an authentic interpretation of the term.
91-97 246
Abstract
Different countries solve issues of grounds and procedure for the expulsion of foreign nationals outside the country in their own way. However, modern countries gradually unify their regulatory legal models of expulsion. This is due to the impact of generally accepted international norms and principles, as well as the identical problems associated with finding a large number of immigrants. Conducted comparative study have shown that the expulsion of foreigners considered by the official authorities of the various states as an integral part of the sovereign powers aimed at protecting their own legal order.
ISSN 2658-7602 (Print)
ISSN 2658-7610 (Online)
ISSN 2658-7610 (Online)