VESTNIK 1(12) 2015
- Title:
- VESTNIK 1(12) 2015
- Number:
- 12
- Year:
- 2015
- Date publication on the site:
- 2017-01-18 11:23:18
- Full journal in PDF:
-
Content all 46
UDC: 340.1
Section: Теория и история государства и права
Authors: Nikolai Ivanovich PETRENKO ; Alexander Vladimirovich NADEZHDIN ;
The article deals with the rules and regulations specific to Hanafi, which can be combined into the concept which is called «legal formula». The ratio of sources of law school of Abu Hanifa is given. Some episodes of the biography of Abu Hanifa and history of his law schoolare shown.
ABOUT ALTERNATIVE APPROCHES TO THE EVALUATION OF RELIGION AND ATHEISM
UDC: 211
Section: Теория и история государства и права
Authors: Victor Stepanovich SOLOVYEV ;
This article is devoted to the philosophical explanation of particular aspects of the social, moral and legal status of
the religion and atheism, their value from the position of the natural and the supernatural things. It is dedicated to the comparative analysis of religious and non-religious belief and the disclosure of social landmarks and meaning of human life which are defined by religion and atheism. The article is directed against the legal discrimination of the atheism.
OPPORTUNITIES IN THE LAW AND LAWMAIKING
UDC: 340.12
Section: Теория и история государства и права
Authors: Anatoly Vasilievich VISSAROV;
In the article author offers a variety of options for using the category «opportunity» in lawmaking. The researcher analyzes the causes of poor translation of formal possibilities of constitutional norms in the real sector opportunities, he also notes that the possibility of the right to a certain extent is a political category. Specific ways to the development of progressive possibilities are recommended in lawmaking.
IDENTIFICATION AND PRIMARY DIAGNOSIS OF CONFLICT OF INTEREST IN THE CIVIL SERVICE: SOCIO-LEGAL ASPECTS
UDC: 35.08
Section: Теория и история государства и права
Authors: Sergey Valentinovich DERGACHEV;
The author considers the genesis and nature of conflict of interest in the civil service, as well as some of the identification and diagnosis of the conflict in the interests of its prevention and resolution.
DEVELOPMENT OF PARLIAMENTARISM IN RUSSIA (1917–1993)
UDC: 342.553
Section: Теория и история государства и права
Authors: Aleksey Grigorevich OSHAEV;
The article is focused on the history of the institution of the people's representation in Soviet Russia. It is outlined that during the Soviet Era the State the principals of the division of powers was rejected and State refused the parliamentarism of the European model. The Soviet Law and Executive Institutes (such as The All-Russian Central Executive Committee 1917–1937, Supreme Council, Congress of the Soviets) was only partially corresponded
to the general model of parliamentarism.
OREGON DISPUTE IN THE SYSTEM OF THE ENGLISH-AMERICAN RELATATIONS IN THE FIRST HALF OF XIX CENTURY
UDC: УДК 341
Section: Теория и история государства и права
Authors: Andrey Andreevich Yarigin;
The article is devoted to the problem of the interrelations and struggle over the Oregon territory on the North-West of the American continent between Great Britain and the USA. The main attention is focused on the role of the «Oregon dispute» in the American political history and the role of the President James K. Polk in it decision.
THE NATIVE PREREVOLUTIONARY THEORY ABOUT THE ESSENCE OF MILITARY LAW AND ORDER, DISCIPLINE AND THEIR SIGNIFICANCE FOR PUNITIVE ACTIONS OF THE MODERN RUSSIAN STATE
UDC: УДК 344
Section: Теория и история государства и права
Authors: Oleg Ananevich EGOSHIN;
In the he article the views on the content and essence of military order, discipline at the turn of XIX – XX centuries are studied. Questions of their impact on military punishment are considered. A number of recommendations are made in order to solve modern problems of the law and state in the field of establishing stable order in the army.
PREVENTING OFFENSES BY THE BODIES OF INTERNAL AFFAIRS OF THE MARI ASSR IN 70-s OF XX CENTURY
UDC: 340
Section: Теория и история государства и права
Authors: Irina Aleksandrovna BOYARINCEVA Irina Aleksandrovna ;
The article is devoted to the prevention of offences carried out by the bodies of internal affairs of the Mari ASSR in the 70-ies of XX century. Special attention is given to the objectives, forms and methods of preventive work; the prevention of offences is committed by minors, implementation of administrative control.
ORGANIZATIONAL AND LEGAL ASSURANCE PUNISHMENT’ EXECUTION OF DEMENTED PRISONERS IN THE IN THE RUSSIAN EMPIRE
UDC: 342.55
Section: Теория и история государства и права
Authors: Svetlana Leonidovna DOMRACHEVA;
The article gives the description of the exiled and hard labor prisoners’ itinerary to places of enduring the punishment, their medical treatment while the itinerary and ways of preventing their escapes. The attitude of the Russian State of that time towards the mentally sick prisoners is revealed in the article. The description of their confinement and legal responsibility is given.
ABOUT SETTING AND SOME FEATURES OF ADMINISTRATIVE REGULATIONS AS LEGAL ACTS OF MANAGEMENT
UDC: 342.9
Section: Конституционное, муниципальное и административное право
Authors: Alexander Mikhaylovich GAVRILOV;
The primary purpose of work is an analysis of administrative regulation as a legal act of management of executive body, opening of basic functions and some features which must be taken into account at his preparation and realization.
PROBLEMS OF REPRESENTATION IN THE HIGHEST LEGISLATIVE BODY OF A CONSTITUENT ENTITY OF THE RUSSIAN FEDERATION
UDC: 32.342.8
Section: Конституционное, муниципальное и административное право
Authors: Igor Gennadevich DUDKO; Olga Sergeevna MURASHOVA;
The authors talk about changing of the electoral system in the last twenty years, give a brief overview of the «important» changes and their reflection in the electoral process in the Republic of Mari El.
PECULIARITIES OF USING OF PROSECUTOR’S REACTIONS ON VIOLATION OF THE LEGISLATION, REGULATING ADMINISTRATION AND DISPOSAL OF THE FEDERAL PROPERTY
UDC: 347.963
Section: Конституционное, муниципальное и административное право
Authors: Evgeny Vasilevich MASLOV; Svetlana Vasilevna MASLOVA;
In the article specificity of the using of the prosecutor's reaction is studied in the field of the protection of federal property, possible ways of increasing of the effectiveness of acts of reacting are considered .
EXPANSION OF PUBLICITY AND OPENNESS IN PROVIDING OF THE MUNICIPAL SERVICES
UDC: 342.55
Section: Конституционное, муниципальное и административное право
Authors: Denis Stepanovich MIKHEEV;
In the article modern procedures of the granting of municipal services in electronic form are considered. Increasing of availability of services and simplification of providing procedures influence publicity and openness of activity of municipal bodies.
PROVIDING OF THE CONSTITUTIONAL LEGALITY BY EXECUTING DECISIONS OF THE CONSTITUTIONAL (CHARTER) COURTS OF THE ENTETIES OF THE RUSSIAN FEDERATION
UDC: 340.131.5
Section: Конституционное, муниципальное и административное право
Authors: Marina Alexandrovna MOKOSEEVA;
In article the author declares a number of the problems connected with absence of regional bodies of the constitutional control and the mechanism of execution of their decisions. Author paid a special attention for the condition of the constitutional legality in the Russian Federation mostly depends on execution of decisions of the constitutional (charter) courts of entities of the Russian Federation.
The author offers the specific solutions for the declared problems and highlights solution for the problem of constitutional and legal responsibility for non-execution or inadequate execution of decisions of the constitutional (charter) courts of entities of the Russian Federation.
PROTECTION OF THE CUSTOMER`S RIGHTS AND ANTI-DUMPING MEASURES OF THE LAW OF THE RUSSIAN FEDERATION DATED BACH 05.04.2013 № 44-R.F. «ABOUT CONTRACT SYSTEM IN THE SPHERA OF PROCUREMENT OF GOODS, WORK AND SERVICES FOR STATE AND MUNICIPAL NEEDS»
UDC: 338
Section: Теория и история государства и права
Authors: Ekaterina Nikolaevna UCHAEVA;
The State and Municipal procurement is directed towards an achievement of the transparency and effectiveness in spending of the state and municipal budget funds. However, customers often face problems, some of those are considered in this article.
ABOUT SOME ISSUES OF STRUCTURING EXECUTIVE POWER IN ENTITIES OF THE RUSSIAN FEDERATION
UDC: 342.61
Section: Конституционное, муниципальное и административное право
Authors: Gennady Fyodorovich MYAKISHEV;
In this article author continues researching of the nature and composition of the executive power in the entities of the Russian Federation. This article contains conclusions about adequacy of the existing models in the entities of the Russian Federation to the law, which is based on researching of the formation of the executive power in the republics, krais, provinces of Russia. There are some propositions about the improving of structure of the administration. There are also an approximate scheme and the names of the executive bodies in the subjects of the Russian Federation.
ABOUT SOME ISSUES OF STRUCTURING EXECUTIVE POWER IN ENTITIES OF THE RUSSIAN FEDERATION
UDC: УДК 342.32
Section: Конституционное, муниципальное и административное право
Authors: Sergey Evgenevich Mihaylov;
The Constitution RF provides citizens with the right to participate in local government through various forms of direct expression. One of these forms is a territorial self-government. In this article the experience of interacting with the residents of educational institutions and the Public Chamber of Federal entities is discussed in order to decide local issues.
TO THE QUESTION OF PRINCIPLES OF LEGAL REGULATIONOF THE INTERACTION BETWEEN LOCAL GOVERNMENT AND PUBLIC ASSOCIATIONS
UDC: УДК 342.55
Section: Конституционное, муниципальное и административное право
Authors: Roman Vadimovich GORNEV;
In the article, the author considers such principles as publicity, inadmissibility of unjustified interference in the affairs
of each other, the joint solution of local issues and equality of public associations in order to interact with local authorities. According to the results of studying this problem, the author comes to some theoretical and practical conclusions
which are aimed at the implementation of these principles in the current Russian legislation.
FOREIGN EXPERIENCE OF LEGAL REGULATIONS OF ACTIVIETY OF CIVIL SOCIETY’S THE INSTITITIONS AT LOCAL LEVEL
UDC: УДК 342.55
Section: Теория и история государства и права
Authors: Nikita Sergeevich VAVILOV;
This article deals with foreign experience of law regulation of the activity of civil society’s institutions at the municipal
level, and it also deals with forms and mechanisms of interaction between civil society’s institutions, local authorities and
state bodies, some legislative norms are analyzed which may be implemented by the Russian Federation.
SOME TRENDS AND INNOVATIONS IN THE LEGAL REGULATION OF THE LOCAL GOVERNMENT IN RUSSIA
UDC: УДК 342.55
Section: Конституционное, муниципальное и административное право
Authors: Valentin Viktorovich KUDRYAVTCEV ;
This article analyzes single amendments of «the Federal Law about general principles of the organization of local
government in the Russian Federation» concerning possibilities of citizens’ participations and their associations in the
forming of the local government bodies.
ABOUT THE CREATION OF THE SINGLE SUPREME COURT IN RUSSIA
UDC: УДК 347.991
Section: Конституционное, муниципальное и административное право
Authors: Elena Veniaminovna PLASTININA ;
The creation of the single Supreme Court on the territory of the Russian Federation due to the integration of the Supreme Court of the Russian Federation and the Supreme Arbitration Court of the Russian Federation became an important event in 2014. The newly created unified court is intended to ensure uniformity of the legal practice. The avticle
discusses the issues related to this.
ADMINISTRATIVE REGULATIONS IN THE PRACTICE OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF MARI EI
UDC: УДК 342.25
Section: Конституционное, муниципальное и административное право
Authors: Olga Valerevna SHABADAROVA ;
In the article author considers the actual problem of administrative conformity of the regulations of the local authorities with the Constitution of the Republic of Mari El. The judicial decision of the Constitutional Court
of the Republic of Mari El was investigated, problems were identified in this area and their solutions were assumed.
VICTIMS AS SUBJECTS IN SPHERE OF WRONGFUL ACTS OF INSANE
UDC: УДК 342.922
Section: Уголовное право и процесс
Authors: Natalia Vladimirovna IVANTSOVA ; Tatyana Mihaylovna SEKRETAREVA ;
Categorical apparatus is the base of law. It must be strictly regulated. The authors of the article research the central
figure in state administrative compulsion – victim. The authors of the article say that a category victim in state administrative compulsion is needed in changes.
CRIMINAL LIABILITY FOR THE ILLEGAL FELLING OF FOREST PLANTATIONS: THE TRANSFORMATION OF NORMS AND PROBLEMS OF ITS IMPROVEMENT
UDC: 343.97
Section: Уголовное право и процесс
Authors: Natalia Vladimirovna IVANTSOVA; Marat Talgatovich HASANOV;
A brief historical review of the rules governing criminal liability for the illegal felling of forest stands. Attention was payd to the imperfection of some provisions of Art. 260 of the criminal code, ways of eliminating were proposed.
TERMINATION OF A CRIMINAL CONVICTION: THE CONCEPT AND ITS TYPES
UDC: 343.154.5
Section: Уголовное право и процесс
Authors: Farit Vadutovich GABDRAKHMANOV;
In article the historical positions were considered for termination of criminal records, their concept and difference from each other. It is concluded that there are two ways to end the state of conviction – redemption or withdrawal, the specifics of their application.
In the article from a historical point of view ways of cease of criminal convictions, their concept and difference from each other are examined. Conclusions were made that there are two ways to cease conviction – redemption or removal, the peculiarities of their using are shown.
THE QUESTION OF THE SYSTEM OF CRIMES AGAINST TRAFFIC SAFETY AND OPERATION OF TRANSPORT
UDC: 343.34
Section: Уголовное право и процесс
Authors: Larisa Vyacheslavovna GORBUNOVA ;
This article is devoted to the systematization of crimes provided by Chapter 27 of the Criminal Code of the Russian Federation «Crimes against the safety and operation of transport». The question of the system of «transport» crimes remains relevant in light of the latest changes and additions made to chapter 27 of the Criminal Code of the Russian Federation – the criminalization of new criminal acts. The author proposes a new system of crimes against the safety and operation of transport, as well as new editions of the crimes stipulated in articles 263 and 271.1 of the Criminal Code of the Russian Federation.
ABOUT REGULATION OF CRIMINAL PROCEDURE CONCERNING PROVING ILLEGAL DRUG TRAFFICKING COMMITTED THROUGH ELECTRONIC OR INFORMATIONAL AND TELECOM NETWORKS
UDC: 343.14
Section: Уголовное право и процесс
Authors: Svetlana Anatolevna YAKOVLEVA; N. S. HLEBNIKOVA;
The authors propose to complete the system of investigative activities in obtaining information from mass media, electronic, informational and telecom systems (including the «Internet») to identify the illegal sale of drugs under sub-section «B" Part 2, Art. 228.1 of the Criminal Code, prosecution and bringing the perpetrator to justice.
MEASURES OF INVESTIGATION: FEATURES OF SWISS LEGISLATION
UDC: 343.132
Section: Уголовное право и процесс
Authors: A. A. TREFILOV;
This article analyzes the institution of investigation and measure of procedural compulsion according to the new and historically the first Criminal Procedure Code of Switzerland, 2007. The author reveals the key features which are peculiar to them in comparative legal aspect.
IMPROVING THE SYSTEM OF CARE AND GUARDIANSHIP OF ENSURENCE AND PROTECTION OF THE RIGHTS AND INTERESTSOF MINOR CHILDREN IN THE LIGHT OF THE NATIONAL STRATEGY OFACTIONS IN THE INERESTS OF CHILDREN IN THE PERIOD FROM 2012 TO 2017
UDC: 347.61
Section: Гражданское право и процесс
Authors: Evgeniy Petrovich BURDO;
In the article organization and functioning of the bodies of trusteeship and guardianship, their legal status in the light of the National strategy of actions in the interests of children are discussed in the period from 2012 to 2017.
ABOUT THE RELATIONSHIP OF RIGHTS TO A COMMERCIAL DESIGNATION AND OTHER MEANS OF INDIVIDUALIZATION
UDC: 347.77
Section: Гражданское право и процесс
Authors: Maxim Anatolievich VERHOLETOV;
This work is devoted to the problems about ratio of the legal regulation of different facilities of individualization with legal regulation of trade name, about identification of priority rules of law in conflict of interests between different insti-tutes of intellectual property.
LEGAL EDUCATION AS ONE OF DIRECTIONS OF THE IMPLEMENTATION OF THE HUMAN REPRODUCTIVE RIGHTS
UDC: 342.7
Section: Гражданское право и процесс
Authors: Inna Gennadievna GARANINA;
The article highlights the benefits of using the concept of reproductive rights, and how public policy and legislation of the State can be used to promote knowledge about reproductive rights. Also, attention is concentrated on the analysis of some of the barriers which are often encountered in the reporting of reproductive rights at the national level. The article concludes with a brief discussion of the role of human rights in the conduct of successful reform of the legislation in the selected area.
INFORMATIONAL AND COMMUNICATIONAL TECHNOLOGIES IN ACTIVITY OF LOCAL GOVERNMENTS IN THE REPUBLIC OF TATARSTAN
UDC: 342.25+342.55
Section: Гражданское право и процесс
Authors: Svetlana R. ZARIPOVA;
In the article introduction and development of informational and communicational technologies are investigated in activity of local governments in the Republic of Tatarstan. During the investigation conclusion was made that the operating systems of informational and communicational technologies provide information for exchanging between public authorities, local governments, the organizations which allows to reduce terms of consideration of documents in activity of local governments in the Republic of Tatarstan.
TREATY OF DELIVERY IN THE ACTIVITIES OF CORPORATE LAWYER
UDC: 347.451.7
Section: Гражданское право и процесс
Authors: Andrey Fedorovich BAKULIN;
Practical issues of contracting and exercising of treaty are examined in the light of typical mistakes in the corporate lawyer’s activity. The author makes recommendations on the development of professional skills in proving legal position on the dispute.
EXCHANGE OF THE REAL ESTATE
UDC: 347.2/3
Section: Гражданское право и процесс
Authors: Marina Anatolievna BULYGINA;
The article is devoted to the problem of historical development of the exchange of the real estate. Also the author analyzes the problems of the conclusion and the state registration of the barter agreement when the real estate is exchanged.
INTERACTION OF AUTHORITIES AND THE PUBLIC INSTITUTIONS IS A GUARANTEE OF THE DEVELOPMENT OF THE MUNICIPALITY (FOR EXAMPLE, CITY DISTRICT "YOSHKAR-OLA")
UDC: 342.5
Section: Государственное и муниципальное управление
Authors: Leonid Ananievich GARANIN;
The article is devoted to the interaction of the authorities and the public in the development of the economy, infrastructure and social development of Yoshkar-Ola city. Forms, activities of the authorities and public organizations were shown in the capital life. Existing problems, shortcomings of the political and social life of the city and their solutions were also presented.
LEGAL MECHANISMS OF THE CONSTRUCTIVE RESOLUTIONOF THE CONFLICT IN THE EDUCATIONAL PROCESS
UDC: 340.1+321.01
Section: Государственное и муниципальное управление
Authors: Polina Sergeevna STARYGINA;
The article shows the characteristics of conflicts which appear in the educational process. The author suggests possible ways to resolve such conflicts through legal mechanisms. The author also considers the possibility of extrajudicial conflict’s resolution in education.
SOME ASPECTS OF FUNCTIONING OF PUBLIC-STATE ORGANIZATIONS IN THE REPUBLIC OF MARI EL
UDC: 347.471
Section: Государственное и муниципальное управление
Authors: Ivan Aleksandrovich POSPEHOV ;
The article is devoted to the problem of the new Russian legal institute – the public-state organizations. The author examines the questions of the legal regulation of the status of public-public organization at the level of the entity of the Russian Federation on the example of the Republic of Mari El, as well as the conditions under which public-state organization will fully reflect the interests of citizens.
ABOUT SOME ASPECTS OF PUBLIC CONTROL OVER LOCAL GOVERNMENTS
UDC: 342.55
Section: Обсуждаем проблему. Общественный контроль
Authors: Tatiana Nikolaevna MIKHEEVA;
Article is devoted to the analysis of standards of recently adopted Federal law «About bases of public control in the Russian Federation». Though it contains some contradictions and legal gaps, however in general it is a basis for realiza-tion of new public institute of control of bodies of the state and municipal authority.
ON THE QUESTION OF THE SUBJECTS OF SOCIAL CONTROL
UDC: 342.55
Section: Обсуждаем проблему. Общественный контроль
Authors: Yuliya Stepanovna YAICHNIKOVA;
Legislative developments about public control are analyzed by the author from the position of the public institutions possibility to participate in control activities. An apparent lack of control subjects was revealed. There were proposed additions which will be enable more effective in use of the potential of civil society.
ABOUT THE FORMS AND METHODS OF SOCIAL CONTROL
UDC: 352:351.9
Section: Обсуждаем проблему. Общественный контроль
Authors: Yuriy Gennadievich BUIANOV;
The legal rules of the new Federal Law «On the basis of social control in the Russian Federation», which establish the forms of such control, are analyzed in the article. These forms are described. There are designated public control methods that have not been developed in the Federal Law.
LIMITS OF REGULATORY’S CREATION AND AUTHORITIES OF THE CONSTITUTIONAL AND STATUTORY COURTS OF THE ENTITIES OF THE RUSSIAN FEDERATION
UDC: 342.24
Section: Студенческая трибуна
Authors: O. M BOGDANOVA;
In the article the role of the constitutional and charter courts of entities of the Russian Federation in modern judicial system is considered. The author investigates the institutional tasks which are put before the constitutional and charter courts of entities of the Russian Federation and solved only by them. In the article an experience of effective functioning of regional bodies of the constitutional justice in providing and human rights protection and the citizen is given in Russia. The author offers solutions of a problem of full functioning of regional constitutional justice.
HISTORY OF THE RUSSIAN CORRUPTION
UDC: 342.55
Section: Студенческая трибуна
Authors: E. O. Grigoreva; Nikolai Ivanovich PETRENKO;
The article considers the issues of historical and philosophical formation of corruption in the Russian society.
PROBLEMS OF THE REALIZATION OF THE CITEZENS’ RIGHTS TO FREEDOM OF MOVEMENT, CHOICE OF LOCATION AND RESIDENCE
UDC: 351.811.12
Section: Студенческая трибуна
Authors: M. F. IVANOVA;
This article contains the problems’ research of realization of civil right to freedom of movement, the choice of location and residence. This article demonstrates that right of freedom of movement is based on economical orientation.
PROBLEMS OF THE REALIZATION OF PRINCIPLE OF THE INDEPENDACE OF THE CONSTITUTIONAL COURT AND CONSTITUTIONAL (STATUARY) COURTS OF THE ENTITIES OF THE RUSSIAN FEDERATION AND THEIR SOLUTION
UDC: 342.24
Section: Студенческая трибуна
Authors: A. M. Sumacheva;
This article deals with the problems of principle of the judicial independence in the process of appointment of Constitutional Court’s judges of the Russian Federation and constitutional l(statuary) courts of entities of the Russian Federation.
RESTRICTING THE RIGHTS OF CITIZENS UNDER SPECIAL LEGAL REGIMES
UDC: 342.76
Section: Студенческая трибуна
Authors: E. M. YAMOLOVA;
The author considers the concept, types of special legal regimes, she analyzes the legal nature of the restrictions on the rights of citizens under a special legal regime and makes the analysis of safeguards against undue restrictions of the rights and freedoms of citizens.
Review: Kuzmin E. P. Voevodsky power and ruling in the Mari Region (kray)in the XVIII century. – Saarbruecken (Saarbrücken): Lap Lambert Academic Publishing, 2014. – 264 p.
UDC: 342.922
Section: Сообщения, рецензии, персоналии
Authors: Vitaly Alekseevich IVANOV;
The article deals with the review of the monograph, the assessment of relevance of research, its scientific novelty, sources base. The analysis of structure of work, its subject line is given, value of results of research for the theory and practice is shown.