Vol 14, No 2 (2017)
THEORY AND HISTORY OF LAW AND STATE, HISTORY OF LAW AND STATE STUDIES
123-127 249
Abstract
The article considers political-legal views of A. V. Kolchak on problems of ensuring state unity of Russia. Some telegrams, letters, and other documents of A.V. Kolchak and his government, other leaders of the «white movement» are analyzed.
128-132 290
Abstract
The article is devoted to the analysis of the legal status of educational organizations whose structure has changed in connection with the adoption of the Federal Law “On Education in the Russian Federation”. On the basis of the conducted research, the criteria for the typology of educational organizations and the features of the presented typology are clarified. The article summarizes the new material on the problem under study and justifies the introduction of a new terminology into the scientific circulation.
CONSTITUTIONAL LAW, CONSTITUTIONAL JUDICIAL PROCEEDINGS, MUNICIPAL LAW
133-140 240
Abstract
The article discusses the violation of the constitutional principle of equality by the introduction of aggravating circumstance «committing an intentional crime by the employee of internal affairs agencies» (Article 63 of the Criminal Code of the Russian Federation), shows the inconsistency and lack of validity of the position of the Constitutional Court of the Russian Federation believing that violations of the principle of equality do not take place. The analysis of the problem is produced through the prism approach to this aggravating circumstance on the part of the Supreme Court of the Russian Federation.
141-145 291
Abstract
The article reveals the issues of the essence and content of the guarantee of the realization of the right to education, the system of guarantees for the implementation of constitutional and legal principles and norms, including those that consolidate the system of rights and freedoms of human and citizen. The Author examines the functions of guarantee (stimulating, law enforcement and law enforcement), analyzes types of guarantees - guarantees related to the very right to education and quality of education.
CIVIL LAW, BUSINESS LAW, FAMILY LAW, INTERNATIONAL PRIVATE LAW
146-151 266
Abstract
This article is about research problems of realization of the principle of conscientiousness in relation to procedures of insolvency (bankruptcy). The Author considers problems of determination of category “conscientiousness”, the questions of criteria to determine the good faith of the trustee, the criteria of “sufficiency” in his actions, good faith in complying with the statute of limitations in the procedures of bankruptcy, as well as violation of the principle of good faith with the liquidator failure to take appropriate action to challenge the debtor's contracts.
CORPORATE LAW, ENERGY LAW
152-156 229
Abstract
The article is devoted to the comparison and analysis of new rules of legislation, defining the signs public joint-stock company and non-public joint-stock company. Identifies the significant differences between open joint-stock companies and public joint-stock company. Procedure for obtaining by the jointstock company the status of the public is analyzed in the article.
LABOR LAW, SOCIAL SECURITY LAW
157-161 368
Abstract
The article identifies the problem of absence of mechanism of the protection of citizens’ right to sanatorium treatment. The possibility to apply the legislation of protection of consumers rights to the relationships concerning the providing of free or preferential sanatorium treatment is analyzed. Also, the Author proposes the establishment of special sanctions for the sanatorium organizations who provide service of inappropriate quality.
CRIMINAL LAW AND CRIMINOLOGY, PENITENTIARY LAW
162-166 267
Abstract
Within the general definition of diagnostics, the features of the content of personal immunity as a certain condition of a person that can change during life are revealed. The difference of inviolability from safety is shown, the contents of the most important principles of personal immunity diagnosis are briefly disclosed, the list of the main diagnostic methods is given. The importance of legislative regulation and law enforcement practice in defining the boundaries of personal integrity and its proper provision is noted.
167-171 252
Abstract
The article is devoted to the problems of the prevention of victimization by the investigation and inquiry divisions of the internal affairs bodies of the Russian Federation. It defines the main forms and methods of working with the victim during the investigation of a crime aimed at reducing the possibility of again becoming a victim of criminal assault. The organizational and legal directions of victimological prevention are analyzed, the necessity of developing effective mechanisms for assessing the activities of the units of internal affairs agencies in crime prevention is justified.
CRIMINAL PROCEDURE
172-177 256
Abstract
The article examines the specifics of judicial activity, its nature and subject matter, the specificity of the evidence in cases on the resolution of issues related to the execution of the sentence of a foreign state court, concludes with the peculiarities of the corrective activity of the court in the enforcement of the sentence of a foreign state.
178-182 269
Abstract
The article is devoted to determining the factors affecting the value of expenditures for pre-trial proceedings in the multi-subject (complicated) criminal cases. As a preliminary investigation of the criminal cases in this category facing difficulties criminal law, criminalistics, investigative, organizational and criminal procedure character, extent increase the financial costs of production in such cases. Identified and justified of the necessity of recognition of such factors constant over-spending in the amount of variable costs multiplied by the number of accused and the number of crimes in each specific criminal case.
183-188 435
Abstract
Based on the analysis of scientific provisions and criminal procedural legislation, the article concludes that the prosecutor exercises the power to demand the elimination of law violations committed by investigation bodies during pre-trial proceedings by using а separate act of response called a prosecutor’s demand. The Author formulates the signs of prosecutor’s demand, considers the discussed issues of its application in pre-trial proceedings, including the supervision of the procedural activities of the inquiry bodies, as well as its use at the stage of initiating a criminal case. It is proposed to supplement article 37 of the Criminal Procedure Code with the provisions regulating the grounds and procedure of using this act.
ADMINISTRATIVE LAW, ADMINISTRATIVE PROCESS
189-193 294
Abstract
In the research paper, prepared for the 70th birthday anniversary of the famous Russian scientist in administrative law, head of the Department of Administrative and Financial Law of the All-Russian State University of Justice (RLA of the Ministry of Justice of Russia), doctor of law, professor, honored lawyer of the Russian Federation Boris Vulfovich Rossinsky, some scientific findings are analyzed, recommendations and the proposals contained in his writings on the administrative responsibility in terms of clever, comical, yet surprisingly accurate philosophical principals, known as “Murphy's laws”. A conclusion is made about the need to eliminate the institution of administrative responsibility of legal entities and the transformation of proceedures on administrative violations carried out by the executive authorities from jurisdictional format to the format of supervision.
194-198 276
Abstract
The Authors of the article consider the institution of administrative responsibility as a necessary legal tool for implementing state policy on public procurement issues. The paper analyzes the administrative practice of bringing to administrative responsibility in the sphere of public procurement. The necessity of improving the norms of the Code of the Russian Federation of Administrative Responsibility concerning administrative responsibility for violating the law on public procurement is summarized, by bringing their sanctions in line with the consequences of such violations.
199-203 257
Abstract
His article studies the problems of legal regulation of relations, connected to the establishment of qualification requirements for posts of state civil service of the Russian Federation. It fully analyzes the qualification requirements for a post of the state civil service of the Russian Federation containing some egulatory gaps that reduce the value of the principle of professionalism and competence of civil servants. The article points out the lack of elaboration of qualification requirements to the level of professional education, professional experience, field of study, knowledge and skills that are necessary for the performance of official duties. It highlights the proposals for changes to the federal legislation concerning the regulations in this sphere, based on the analysis of the legislation on the civil service of the Russian Federation and the statistics.
204-208 256
Abstract
The article deals with the analysis of some provisions of the legislation governing alcohol trade and the practice of implementing administrative responsibility for its violations, proposals are made to improve law enforcement activities in this area. The Authors give some recommendations for the improvement of law enforcement activity in the field.
209-214 347
Abstract
The Author focuses on the characteristics of the activities of state and local authorities in this sphere, the problems of extremism prevention, offers ways of improving the legislation in order to strengthen the role of local governments in activities to combat extremism. This view will be of interest to representatives of regulatory authorities and law enforcement agencies carry out activities to combat extremism.
TRIBUNE OF YOUNG SCIENTISTS
215-220 369
Abstract
The article analyses special aspects in the concept of a material breach of law. The difference is shown between referring to a material breach as a base to cancel or modify a judgment, applied by a legislator in accordance with part 1, article 401/15 and reference stated in part 1, article 389.17 of the Criminal Procedure Code of the Russian Federation. It is proved that a material breach of law can be admitted as a base to cancel or modify judgment by Appeal Court only in case it effects the legality of a Lower-level Court judgment.
221-226 187
Abstract
The article reveals an objective contradiction between the need to protect children from undesirable information and the fragmented nature of the regulatory legal framework for state supervision of the provision of information security of under-age students by educational organizations. This determines the relevance of the study of the legal basis for the implementation of the relevant type of supervisory activities, the content of supervisory activities, and the limits of competence of the authorized supervisory bodies. The dialectical method and the system approach in the study make it possible to identify the problems and formulate the directions for the development of the corresponding type of state supervision of the Federal Service for Supervision in Education and Science Rosobrnadzor.
227-231 337
Abstract
The article highlights the special role of the constitutional right of citizens to a favorable environment. The problems of compensation for damage caused to health or property as a result of environmental violations are identified. The Author conducts an analysis of federal and regional legislation affecting these legal relations, as well as legal acts, suggests ways to solve this problem.
ISSN 2658-7602 (Print)
ISSN 2658-7610 (Online)
ISSN 2658-7610 (Online)