No 4 (2014)
ТЕОРИЯ И ИСТОРИЯ ГОСУДАРСТВА И ПРАВА
3-6 362
Abstract
The article deals with the elaborate analysis of the concept and indications of a secular state. The paper has the interdisciplinary character and it is written on the verge of constitutional law, theory of state administration, philosophy, political science. The comparative analysis between the constitutional indicators of a secular state and democracy realia has been conducted.
7-10 160
Abstract
The article deals with the legal status of consultative referendum as well as with the evaluation of the legal nature of consultative referendum from the point of view of federal legislation positions and construction principles of local self-government. The author comes to the conclusion about the substitution of the notions in the local normative law base and offers the ways out of the current situation.
11-13 157
Abstract
The article deals with the analysis of the main features of a state, such as unequal society, the society of free people, achievement of common security and prosperity as the goal of a state. The author offers the comparison of the concept of freedom in the doctrines offered by the great figures of the Enlightenment Epoch like J. J. Rousseau, C.-L. Montesquieu, J. Lock, T. Hobbes, P. A. Holbach, B. Spinoza.
CONSTITUTIONAL AND INTERNATIONAL LAW
14-18 201
Abstract
The article is dedicated to the urgent problem of human rights acts law enforcement of the European Court by the public authorities of the Russian Federation. The author brings to attention the specifics of law enforcement acts execution of the European Court in Human Rights relating to the implementation of such measures, as individual and general ones. Summarizing this doctrinal analysis, the author offers a number of ways to improve the existing process of the European Court acts law enforcement in the Russian Federation.
ADMINISTRATIVE LAW
19-22 184
Abstract
The article deals with the problems of activities organization of a divisional inspector of police in effectuation of administrative supervision. The authors consider the issues in exposure at administrative stations of the persons who do not comply with administrative restrictions and evade the duties established by administrative supervision as well as preventive measures of corresponding administrative violations of law are considered.
23-28 189
Abstract
The article deals with the problems of social nature of corruption in modern Russia. On the basis of domestic and foreign experience the author considers the topical issues of anti-corruption and offers some measures directed to improve anti-corruption policy in the Russian Federation.
29-32 166
Abstract
The article is devoted to the issues in classification types (forms) of financial supervision, in order to regulate legal budget relationship. The author analyzes the existing in scientific literature approaches to the concept and content of internal and external controls.
32-35 328
Abstract
Nowadays discretion is the notion used loosely enough in the legal sphere. Consequently, in different situations connected with application of discretion it is interpreted in different ways. The article deals with the issues relating to the modern role of discretion in state administration, the notion of discretion and its distinctive features.
ACTUAL PROBLEMS OF CIVIL LAW SCIENCE
36-39 146
Abstract
The article deals with the questions concerning the privatization of a land plot under integral real estate complex. The authors come to conclusion that a number of legislation norms relating to privatization of a land plot do not take into account the construction of an integral real estate complex that could cause some problems in the realization of the right to privatization of the land plot.
39-42 172
Abstract
The article deals with the problems of liability insurance of the people who build houses on their own, in connection with the entry into force in January 1, 2014 of the Amendments to the Law № 214-FZ of 30.12.2004 "On Participation in the shared construction of multi apartment buildings and other real estate objects and on Amendments to certain legislative acts of the Russian Federation. The author analyzes all the alternative designs for developers concerning their responsibility to shareholders, paying attention to the problems which have the persons interested in this matter. Besides, one can mention a number of issues not regulated enough by changes in legislation.
42-46 237
Abstract
The author analyzes in the article the main stages of evolution of rights of property in foreign and domestic legislation. The attention is paid also to some perspectives of development of this institute in accordance with the project of changes in part II of the Civil Code of the Russian Federation “Law of property and other rights of things”.
46-49 153
Abstract
The author reveals the rules of compensation of damages to the citizen’s health through traffic-related offence, considering the proper determination of its extent. Here are analyzed the provisions of the appropriate federal laws and clarifications of the Supreme Court of the Russian Federation.
CRIME COUNTERACTION: THEORY AND PRACTICE
50-53 169
Abstract
The article deals with the disputable issues in legal regulation of criminal responsibility for plunder and circulation of especially valuable strains of wild cattle, acting as a subject of legal and criminal protection, Art. 258.1 of the RF CC (Criminal Code of the Russian Federation). As a conclusion the author offers the variant of proposals for improvement of legislative construction of the norm considered on the ground of the analysis conducted.
54-57 231
Abstract
The article deals with the analysis of the institute of the criminal case relegation to the prosecutor, including the amendments to Art. 237 of the RF Criminal Procedure Code adopted in July 21, 2014, № 269-FL “On Amendments to Articles 236 and 237 of the Criminal Procedure Code of the Russian Federation”. Here is investigated in details the new ground of criminal case relegation to the prosecutor by court.
57-62 169
Abstract
The paper deals with the problem of implementation of subjective personal human rights in criminal and legal relationship. On the basis of the analysis of the literature in philosophy, sociology and criminal law the author comes to the original conclusion reflecting his own vision of the problem considered. Subsequently, the special attention is paid to the circumstances excluding criminality as one of the basic institutes through which the realization of subjective personal human rights according to the RF CC takes place.
62-66 192
Abstract
In this article the attention is focused on the problems arising from qualification of signs of the objective party of a crime structure (Art. 256 of the Сriminal Code of the Russian Federation); the ways of further improvement of this criminal rule of law are offered as well.
66-70 214
Abstract
The article is devoted to filling gaps in understanding the nature of criminal law of substance and procedural law through consideration of the influence of the criminal law structures upon the determination of the complexity of the criminal case.
70-73 145
Abstract
The article deals with the problem of classification of concepts confirmed in the Criminal Procedure Code of the Russian Federation. The author as directed to the lack of the unified approach of the legislator to decide where there should be the definition of the relevant concepts, comes to the conclusion that the legislator is inconsistent in the use of code defining methods. On the basis of the research conducted the author proposes her own vision of the foundations for the classification of the concepts confirmed in Article 5 of the Criminal Procedure Code.
ISSN 2658-7602 (Print)
ISSN 2658-7610 (Online)
ISSN 2658-7610 (Online)