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Siberian Law Review

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No 2 (2012)

CONSTITUTIONAL AND INTERNATIONAL LAW

4-7 203
Abstract
The analysis of the legal status and structure of the U.S. Central Intelligence Agency is carried out in the article. The author also identifies legal collisions between the current order of appointing the heads of the body in accordance with the federal laws of the country.
8-10 145
Abstract
The article deals with the problems of international selective standards realization in the Russian electoral legal system. The author analyzes the changes and additions brought into domestic laws on elections during the last four years. The degree of their compliance to provisions of the international legal acts containing the international selective standards is defined. The ways of existing problems solution concerning legal regulation of the public relations sphere are considered.
11-14 194
Abstract
The article considers the problems of realization women’s right to policy in the Republic of Kazakhstan. The author reviews the different methods of political quota, which are used in some countries of the world. Besides that the author reveals the reasons of the women’s low political activity in Kazakhstan.

ADMINISTRATIVE LAW

15-19 195
Abstract
The notion of administrative procedure and its essence are being analyzed in the article. The author determines the legal procedure of administrative regulations, their role in social relations adjustment and offers also the directions for improvement of the state authority bodies activity in the sphere of administrative procedures preparation.
20-23 174
Abstract
The article deals with the issues of legislation improvement concerning administrative responsibility for illegal use of trademarks. The author exposes problematic questions of law enforcement on bringing to administrative responsibility under Art. 14.10 of the RF Administrative Code.
24-26 173
Abstract
The institute of administrative responsibility is one of the most effective instruments of electoral legislation requirements observance. The article deals with the practice of administrative law norms application analysis. Here are also critically estimated the existing norms of electoral legislation protection security.
26-29 157
Abstract
The separate function of the land fund government management – cadastral registration of land – is being analyzed in the article. The author recounts the origin and development of this function, and stresses its shortcomings influencing the efficiency of governmental management in the sphere of land relations.

LABOUR LAW AND SOCIAL SECURITY LAW

30-32 152
Abstract
The role of medical aid and medical examinations in the security of insured citizens’ rights for social security is analyzed in the article.
33-37 141
Abstract
The right of an insured person to choose medical insurance company in the system of Compulsory Health Insurance concerning contradictions in the contents and potential problems connected with its realization is being analyzed in the article.
37-40 153
Abstract
This article is devoted to consideration of issues related to the procedure of labor law contract termination by staff reduction. The author, analyzing the judicial practice, gives practical recommendations on the procedure of employment relationships discontinuance.
41-43 187
Abstract
The author analyzes the concepts of “legal relations in social security”, “the right for protection of citizens health”. Here are disclosed problematic aspects of medical aid and free provision with medicines.

ACTUAL PROBLEMS OF CIVIL LAW SCIENCE

44-47 310
Abstract
The article deals with the problem of the civil law subject. So the author comes to the conclusion about the confusion of civil rights objects and relationship contents and offers to distinguish property organizational or statutory relations in the civil law subject.
47-50 147
Abstract
The article is devoted to the analysis of legal problems connected with the introduction of the Surrogate Maternity Institution. The author offers some ways of their settlement.
50-53 201
Abstract
The article deals with the general aspects of interaction between courts and notaries. Here are reflected the main aspects of the notary contribution to the judicial power.
53-56 150
Abstract
Considering some cases of judicial practice the author analyses the consequences of reorganization the former state farms and collective farms into closed joint stock companies during the initial period of land reform. It is connected with these newborn agricultural enterprises entitlement registration into common land plot of agricultural use.
56-59 147
Abstract
The issue of the obligations structure concerning the breach of a contract is considered in the article. According to the author’s opinion there simultaneously exists the initial obligation in conformity with the contract and obligation of losses compensation for the contract breach. Such an approach allows to recover damages before the moment when the initial obligation is discontinued by law or by a contract provision. The correlation between the initial obligation and the obligation to compensate losses because of the contract breach is being analyzed here.
60-63 186
Abstract
The article deals with some problems of application sphere determination of the RF Law “On Consumers’ Rights Defense”. The authors analyze the opportunities of the law norms application in the insurance relations.
63-65 169
Abstract
The authors describe the specific features of procedural terms completion, calculated in months. Examples of judicial practice show no mutual understanding between the courts concerning the termination date in civil proceedings. In conclusion the authors have formulated the necessity to create the unanimous approach to the problematic issue.
65-67 217
Abstract
The article is devoted to some actual problems of statutory limitation period institution enforcement, specifically it is about the possibility of plaintiff to submit the missed limitation period application either in the court of the first instance or in the court of appeal.
68-71 222
Abstract
The civil legislation of a number of European countries and the CIS countries in relation to the unauthorized construction of the real property objects are analyzed in the article. The analysis of the legislation helps to come to the conclusion concerning fundamental differences in the legal regulation of the issue in these countries: the priority of the interests of a landowner in Western European countries and, quite the reverse, the primacy of the unauthorized builder of a private house in the post-Soviet space.
71-74 160
Abstract
This article deals with the changes in legal regime of marital property, the motives and consequences of spouses’ marriage contract, agreement on the division of property and ways of recognition these transactions void, if the aim of their contract was to exclude certain assets from the property recoverable.
75-77 153
Abstract
The article deals with legality of public contract conditions in leisure sphere, which entail refusal from rendering services to consumers; some ways to solve this problem are considered here as well.
78-81 155
Abstract
The article deals with the issue of the necessity and obligation of local authorities to ensure the choice of land in the procedure of granting land areas of state and municipal property for construction. The theme is relevant, since in practice the situation when local authorities refuse to provide the choice of land leads to adverse consequences for the builder.
81-83 168
Abstract
The author reveals proof peculiarities in civil cases of reparation of damages harmed by road traffic accident, in relation to the determination of a respondent (debtor). In the article are analyzed the appropriate norms of the RF Civil code regulating the rules and conditions of civil liability for damage caused by using a transport facility as a source of danger.
84-87 267
Abstract
In the article the author considers the issue of architecture, urban development and landscape works as objects of copyright. The author comes to the conclusion that the works of landscape architecture are versions of architectural works, as it is acknowledged by the interpretation of law. The author offers for the correct judicial practice to fix the definitions for the notions “architecture work”, and “urban development work” and to reveal the features of such copyright objects.

CRIME COUNTERACTION: THEORY AND PRACTICE

88-92 189
Abstract
The article deals with the content of the grounds and conditions of legitimate harm infliction during the detention of the offender; the concept and features of legitimacy are revealed, the grounds and conditions of legitimate infliction of harm during the detention of the offender and examples of lawful and unlawful detention of the person who committed the crime are highlighted.
93-95 184
Abstract
The article deals with the issue related to the subject of criminal responsibility for the violation of epidemic sanitation regulations; judicial decisions on this problem are analyzed.
95-97 158
Abstract
Regional peculiarities of recidivism criminality are analyzed in the article. The character and structure of crimes relating to previous convictions are considered here.
98-101 221
Abstract
The article deals with the category of objective truth in criminal procedure, its importance for correct determination of criminal court procedure aims. The author analyzes also the bill draft offered by the RF Committee of Inquiry “On amending in the RF Criminal Procedure Code due to the implementation ofobjective truth institution in criminal procedure”.
101-104 212
Abstract
It is substantiated in the article that some of the objects which either could serve as instruments of a crime for criminal actions, or they were obtained through the commission of a crime, are immaterial objects, and they may be conditionally designated as evidence. The author relates to immaterial evidence physical fields, radiation, undocumented information, computer programs, property rights, intangible benefits, heat and electric power, and information processes.
105-108 233
Abstract
The article is devoted to the actual questions of procedural terms regulation in criminal judicial system. As a result of scientific discussion analysis the author offered her own vision of the notion, essence and types of terms in criminal procedure.
108-110 171
Abstract
The article deals with individual peculiarities of the criminal who committed a crime of extremism. The authors determine types of extremists and give their brief charachteristics.
111-114 159
Abstract
The results of legislation and law enforcement practice monitoring in the Russian Federation are analyzed in the article. A number of proposals for its further improvement are offered.
115-118 181
Abstract
The article deals with the problem of juvenile criminal responsibility criteria in the RF criminal legislation. The authors offer the ways of solving some disputable issues.
119-121 136
Abstract
The author deals with the problems of taking under control the persons after a release from custody and rendering them help in social adaptation.
122-125 420
Abstract
The purpose of this article is to review the main aspects related to the notion of special subject of a crime. Different points of view concerning the definition of the special subject of a crime, the features characterizing the special subject of a crime are being analyzed here. The author comes to the conclusion that the criminal law should not go on the road of increasing terms, but the concept and the features of the special subject must be clearly defined and fixed in the standards of criminal law.
126-129 166
Abstract
In the article the author analyzes the criminal procedure legislation of the Russian Federation, stresses the presence of prerequisites for creating the mediation institution in juvenile delinquency cases. In particular, here are considered the legal preconditions of utmost importance also at the international and national levels.
129-131 168
Abstract
The article is devoted to the problematic issues in relation to legal regulation of aggrieved party’s rights while concluding a pretrial cooperation contract. As a result of scientific discussion the author offers her own point of view concerning the problems of assuring rights in the process of criminal cases investigation in respect to the persons who concluded a pretrial contract.
132-133 151
Abstract
The article deals with the problems of determining potent efficient and poisonous substances analogues and insertion them in the list of substances forbidden for circulation on the territory of the Russian Federation. The author has offered a number of measures to improve the control for spread of forbidden remedies.


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