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Siberian Law Review

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No 1 (2013)

CONSTITUTIONAL AND INTERNATIONAL LAW

4-7 209
Abstract
The article deals with the concept of «the right of citizens to have access to information» and here are analyzed the peculiarities of obtaining information by the Russian Federation citizens.
7-10 328
Abstract
The article deals with the definition of the essence and importance of citizenship. The author considers different scientific concepts concerning the definitions of the citizenship notion as well as the peculiarities of the citizenship, representing one of the types of relations governed by law – legal state of a person in citizenship.

LABOUR LAW AND SOCIAL SECURITY LAW

11-14 171
Abstract
Based on the legal positions of the RF Constitutional Court, general requirements of social reforms’ realization order and legislative regulation are analyzed in the article
15-18 194
Abstract
In the article the author analyses the possibility of consumers’ rights protection mechanism application in respect to obligatory health insurance from the position of practical possibilities to implement all the elements of the mechanism. The conclusion is made about its limited nature.
18-20 151
Abstract
In the article are considered serious gaps, non correct use of phrasing, the absence of necessary legal statements and bans, and some other inaccuracies of the actual labour legislation. The alterations proposed to the RF Labour Code are based on typical violations by employers in the period of wage- worker trial.
21-24 184
Abstract
The scientific approaches to the foundation of the legal branch system of the social security law are analyzed in the article. The author offers two models of structuring its special part, based on the necessity of its norms differentiation according to the subject criterion.
25-28 233
Abstract
The author proves the necessity of social security legislation systematization of families with children and offers the adoption of the law "On social security of families with children and in case of motherhood, paternity and childhood".
28-31 161
Abstract
The article deals with the problem of creating jobs through development of small enterprises subjects; property copyright ways to solve this problem are offered.
32-34 168
Abstract
The author makes an attempt to consider the conceptual issues of private property in labour law. On the basis of legal rules analysis the author distinguishes the actual problems of legal adjustment concerning labour relations and other ones connected with them.
35-37 158
Abstract
This article is devoted to the consideration of the questions connected with the conclusion and the termination of the urgent labour contract. The author, analyzing judicial practice, allocates the problems of separate regulation of the RF labour legislation enforcement.
37-40 170
Abstract
This article deals with the problem of correlation of the employer’s concepts as the party of legal labor relations and the insurer as the party of social insurance relations.
41-44 217
Abstract
The article deals with legal regulation of sanitary health resort treatment in accordance with the Russian Federation legislation; some problems in this area are revealed.
44-47 180
Abstract
The problems of provision with medicinal aid the citizens of the Russian Federation for the out-patient treatment are analyzed in the article.
48-50 133
Abstract
The author analyzes the legal category of “employees' health” from the perspective of modern law and science of labor law, explores the relationship of physical and mental health condition of the person with employment personality.

ACTUAL PROBLEMS OF CIVIL LAW SCIENCE

51-53 180
Abstract
In this article the divorce motives notion is revealed, the classification of the motives is offered, the peculiarities of the controversial divorce issues procedure and the possibilities of mediation use are considered.
54-57 172
Abstract
The article deals with some problems of the consumer crediting. The possibility of norms’ application of the RF Law "On the Consumers Rights Defence" in respect to the credit legal relationships is analyzed here.
57-60 137
Abstract
The article deals with the problems of legislation application of Obligatory Hazard Activity Liability Insurance, civic responsibility of the owner of the dangerous object for doing harm as a result of damage caused by lift operation in apartment houses.
60-63 221
Abstract
In the article the attempt is made to take the retrospective view of the Roman law regulation in respect to damage compensation on the whole and the damage caused by justifiable actions in particular. The conclusion is made that the Roman law confessed the damage caused for reasons of urgent necessity as damage caused by justifiable actions, as a result of which a damager was released from compensation obligation.
64-65 193
Abstract
In this paper the authors consider the possibility of the Human Rights European Court’s decisions application to the country's system of judicial acts. The authors conclude that currently there is no legal basis for such implementation of the Russian courts’ decisions.
66-68 145
Abstract
In this article the author endeavours to consider the existing notification means of the persons participating in the civil procedure taking into consideration all the changes taken place.
68-70 183
Abstract
The article deals with the modern status of the limited proprietary rights system in landownership, its defects are pointed out. The author offers the change-over to the classical system of the limited proprietary rights in landownership with structuring them into three independent subsystems according to the proprietary rights contents indication.
70-73 148
Abstract
The author analyzes the rule of law on the free use of architectural works, which are always in places open to public access, and compares it with the changes prepared by the draft amendment of the RF Civil Code

CRIME COUNTERACTION: THEORY AND PRACTICE

74-77 170
Abstract
Based upon the analysis of literature and the research work conducted, the author’s own concept is offered, according to which the personality of a criminal is the immediate object of legal criminal influence. The author proposes changes in the existing nowadays the influence system due to including into its contents the anthropological criterion, necessary for liquidating the reasons of the guilty’s criminal behavior.
77-80 174
Abstract
The article deals with the analysis of the issues connected with the sources and means of criminal juvenile personality study.
81-84 175
Abstract
Several classification schemes for digital information that could be used as sources of evidence in criminal proceedings are offered. In terms of application the proposed classification is very important for the development of forensic tools, means, methods, techniques for the detection, capture, inspection, seizure, investigation of digital information, as well as for the detection and investigation of crimes.
85-90 199
Abstract
This article is devoted to the historical aspect of criminal liability rules development for non-violent sexual abuse of minors. Here are considered the key stages of gradual development of legislation in this area since the period of their formation to the present day.
91-100 190
Abstract
The article deals with the research of legislative bans on drawing the citizens to confidential assistance according to the contract provided for by Article 17 “On operational search activity”. The author analyses different scientific standpoints concerning the reasons of such legislative restrictions, gives the legal and terminological evaluation of the notions used in the norm considered, offers his own approaches to the decision of some problems revealed.
100-104 173
Abstract
In this article the authors focus on the issues of criminal law regulation responsibility for crimes against sexual integrity of minors. Here are submitted for consideration the problematic crimes qualification issues and offered the ways of their solution by the enforcer before making the appropriate alterations in the criminal legislation, or official clarification of the Plenum of the RF Supreme Court.
105-108 173
Abstract
Based on of large-scale case study of public opinion conducted by the Foundation "Public Opinion" in 2012, in the article are analyzed the problems of the public opinion concerning the safety of the person and the Omsk region Interior agencies activity. Here are analyzed the factors permanently influencing the character of public valuation of the professional police activity.
109-112 148
Abstract
The article deals with the historical path of the emergence and development of the legal rules governing the procedural status of a suspect in the criminal procedure. The author puts forward the proposal to amend the Criminal Procedure Code of the Russian Federation.
112-115 123
Abstract
The article deals with the problems of definition of object of crime committed with application of psychic coercion against the ownership. The author proposes to assign a subgroup object characteristic for the indicated type of crimes. This object includes the relations concerning the distribution and redistribution of material values as well as life, health, freedom, constitutional rights and freedoms of a human being.
115-118 205
Abstract
This article deals with the development of the criminal legislation of the justifiable defence. Attention is paid to the stage of development of this institute in the post revolutionary Russia. The history of the justifiable defence is subdivided into two stages: the soviet period and the post soviet period. The stages are defined according to the criterion of the main sources containing the features of justifiable defence.
118-121 193
Abstract
The article deals with the problems of mediation correlation in criminal cases of juveniles and juvenile justice. The author comes to the conclusion of their correlation as a part and the whole.
121-124 206
Abstract
The article deals with the history of the harm infliction Institute development by the detention of the offender in the post-revolutionary period. The author describes the main sources of the harm infliction Institute foundation during the detention of the offender and highlights the main stages of its development.


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ISSN 2658-7602 (Print)
ISSN 2658-7610 (Online)