VESTNIK 2 (21) 2017
- Title:
- VESTNIK 2 (21) 2017
- Number:
- 21
- Year:
- 2017
- Date publication on the site:
- 2017-09-30 21:33:23
- Full journal in PDF:
-
Content all 30
A SPECIAL PROCEDURE FOR THE ADOPTION OF A JUDICIAL DECISION WITH THE CONSENT OF THE ACCUSED WITH THE CHARGE BROUGHT AGAINST HIM
UDC: 343.151
Section: Актуальные проблемы судебной практики
Authors: Olga Sergeevna SVINTSOVA;
The article deals with the problems associated with the application of a special procedure for the adoption of a judicial decision. Analyzing the jurisprudence, the author puts forward proposals for improving the special order, and also notes the need to expand the circle of subjects who can use this right.
MANDATORY WORK AS A FORM OF CRIMINAL PUNISHMENT: ASSIGNMENT PROBLEMS
UDC: 343.24
Section: Актуальные проблемы судебной практики
Authors: Margarita Evgenevna POPOVA ;
The article considers the issue of assigning compulsory works as a form of criminal punishment. The author examines judicial practice and problems related to law enforcement, and proposes the legislative proposals on the problems identified in the course of the study.
THE PROBLEM OF REALIZATION BY THE STATE OF THE POWERS OF THE OWNER
UDC: 347.235
Section: Гражданское право и процесс
Authors: Nail Salimovich MUSTAKIMOV; Alena Gennadievna STEPANOVA ;
The paper examines the peculiarities of the state ownership right to land, as well as the specifics of the exercise of powers in this area. It shows the problems that have developed to date in the implementation of the right of state ownership of land.
PRIVATE PROCEDURAL LAW: THE PROBLEMS OF BECOMING
UDC: 347.97
Section: Гражданское право и процесс
Authors: Mihail Eduardovich MOROZOV;
The article deals with the problems of private procedural law as an emerging branch of law. The factors influencing the unification of various ways of dispute settlement, their differences and legal nature are analyzed. Questions of possible information of various ways of alternative dispute resolution within the framework of one branch are considered.
FEATURES OF UNILATERAL REFUSAL OF THE CUSTOMER OF PERFORMANCE OF THE STATE (MUNICIPAL) CONTRACT
UDC: 347.43
Section: Гражданское право и процесс
Authors: Anastasia Valer'evna KAMAEVA; Olga Vyacheslavovna BURASHNIKOVA;
In the article legitimacy and duty of customer are considered in the one-sided order to give up execution of state contract, and also conditions for such refusal. The understanding is reflected of the appropriate notification of the supplier (the contractor, the performer) about unilateral refusal of performance of the contract. Authors analyze modern court practice on the matter. Special attention is paid to admissibility of unilateral refusal in the absence of violations from the performer.
THE AGREEMENT OF SALE OF THE ENTERPRISE AS THE BASIS OF THE TRANSFER EXCLUSIVE RIGHT TO COMMERCIAL NAME
UDC: 347.77
Section: Гражданское право и процесс
Authors: Maksim Anatol'evich VERKHOLETOV ;
In this paper, the author examines the problems associated with transfer of the exclusive right to commercial name in the agreement of sale of the enterprise. Describes the main issues associated with the negotiation and execution of this agreement, including the absence of registration of rights to the commercial name in the unified state register of rights to real estate, the uncertainty of the term enterprise, constituting the object of the agreement, the difficulty of determining the contents of property, including intellectual property etc. Advocated the opinion that the agreement of sale of the enterprise is too complicated legal construction for the transfer of the exclusive right to commercial name, when you want to send only it, but not the enterprise as a whole. As other legal instruments to transfer of the exclusive right to commercial name is not provided by the current legislation, it is proposed to use a more easily legal construction of the exclusive right disposition agreement. The exclusive right disposition agreement provided by the Civil code of Russian Federation for the disposition of exclusive rights to other facilities of individualization, such as trademarks and service marks, and established himself in practice as an exceptionally comfortable instrument of legal regulation of civil turnover.
ABUSE OF PROCEDURAL RIGHTS IN THE CLAIM
UDC: 347.922
Section: Гражданское право и процесс
Authors: Аnna Vyacheslavovna KUZMINA ; Boris Gennad’evich ZHURAVLEV;
The author conducts the analysis provided by the legislator of the mechanism of compensation of damages caused by application of interim measures. In addition, the work proper attention is paid to the problems of differentiation of concepts such as «compensation» and «compensation», which are the essential attributes when deciding about the presence of abuse of procedural rights in the claim, as well as the main problems in the practical definition of their cost size.
DEPRIVATION OF PARENTAL RIGHTS AS AN OBJECT OF FAMILY LAW REGULATION
UDC: 347.634
Section: Гражданское право и процесс
Authors: Irina Yur'yevna SEMENOVA;
The article analyzes the main features inherent in the deprivation of parental rights as one of the measures of family and legal responsibility. The author draws attention to the fact that at present the tendency to abuse of parental rights, non-fulfillment of parental responsibilities, increase in the number of parents deprived of parental rights, and concludes that deprivation of parental rights is primarily aimed at protecting the interests of children and re-educating their parents.
THE IMMUNITY OF LEADERS WITH FAMILY RESPONSIBILITIES FROM PERSONAL LIBERATION: SOCIAL GUARANTEES OR LABOR «ANTILHOTES»?
UDC: 349.227
Section: Гражданское право и процесс
Authors: Tatiana Alexandrovna IZBIENOVA; Mikhail Yurievich SUMAROKOV ;
In the article the author considers the problem of correlation of the special grounds for the dismissal of certain categories of workers General guarantees for women and persons with family responsibilities, stipulated by labor legislation. The researcher analyzed the cases when the protective norm has the opposite effect: due to the sharp decline of the grounds of dismissal of a special category of employees – the leaders of the organization, thinking a prospective employer shows the employment of women of childbearing age, the gender discrimination that prevent their entry into leadership positions. Proposes possible ways of solving the problem through changes to existing labour legislation.
NATIONAL SECURITY IN THE RUSSIAN FEDERATION: THEORETICAL AND LEGAL RESEARCH
UDC: 351
Section: Гражданское право и процесс
Authors: Inna Gennad'evna GARANINA ; Dmitry Evgenievich SVISTUNOV;
The article examines the theoretical and legal bases of national security of the Russian Federation. The author examines the concept of national security, as well as the main approaches to understanding its essence. In addition, analyze the structure of the national security of the Russian Federation. The author offers an interpretation of national security as a comprehensive state law Institute.
THE LEGAL NATURE OF INTEREST FOR THE USE OF OTHER PEOPLE'S MONEY
UDC: 347
Section: Студенческая трибуна
Authors: Anna Maksovna VASILYEVA;
The article deals with the grounds for using such a tool to protect the creditor's rights, such as the collection of interest for the use of other people's money. The author draws a conclusion on the imperfection of judicial practice with respect to the refusal to recover interest for the use of other people's money for monetary sums unjustifiably collected in connection with public legal relations, and also notes the need to establish a minimum amount of reduction in the penalty to ensure good faith conduct of the parties.
PROBLEMS OF RESPONSIBILITY FOR FAILURE TO PROVIDE ASSISTANCE
UDC: 343.222
Section: Студенческая трибуна
Authors: Alexey Nikolaevich KAMSHILOV ;
In the article features of application of the norm providing the criminal responsibility for refusal to render assistance to the patient are considered. On the basis of the analysis, the author's position on the concept, type and scope of assistance as an obligatory sign of the composition of the patient's non-refusal to provide care and the specifics of the qualification of the rule in question is proposed.
FACTORS INFLUENCING THE MIGRATION TO RUSSIA
UDC: 342.9
Section: Студенческая трибуна
Authors: Anna Sergeevna ROVENSKAYA ;
The article is devoted to migration in Russia in terms of the impact of demographic, ethnic, socio-economic and political factors. It is shown that the decision of people to migrate are based on an aggregate of many factors, among which the main ones are economic, demographic and political.
TO QUESTION ABOUT TYPOLOGY OF PATTERNS OF OWNERSHIP IN CONSTITUTIONAL RIGHT
UDC: 347.23
Section: Студенческая трибуна
Authors: Alexandra Viktorovna MIKHELEVA ;
Complication of problem of typology of patterns of ownership is conditioned in a number of circumstances, and foremost understanding of patterns of ownership, their maintenance, and reflection in a legislation, by the specific of their becoming and degree of development and another other circumstances. In this connection, in this article were considered and analysed concepts of types and patterns of ownership and their feature at differentiation on kinds.
CONSTITUTIONAL REGULATION OF THE SYSTEM OF PUBLIC AUTHORITY BODIES IN THE REPUBLIC OF THE RUSSIAN FEDERATION
UDC: 342.5
Section: Конституционное право
Authors: Valentina Georgievna SUSHENTCOVA ; Darya Sergeevna VASENEVA;
The organization of effectively operating system of public authorities is the main task of each constituent entity of the Russian Federation (hereinafter RF). The solution of this issue rests on the fundamentals of the constitutional system and the principles established by federal legislation, this is in the interests of the federal state and is directly aimed at strengthening state power in the Russian Federation. The article considers the main features of the system of public authorities of the republics of the Russian Federation, the principles of building a system of regional public authorities are touched upon.
PROBLEMS AND PROSPECTS FOR THE DEVELOPMENT OF THE ACTIVITIES OF THE COMMISSIONER FOR HUMAN RIGHTS IN THE SUBJECTS OF THE RUSSIAN FEDERATION
UDC: 342.4
Section: Конституционное право
Authors: Daria Gennadievna KЕLMAKOVA ;
The article analyzes the problems of introducing the institution of the Commissioner for Human Rights in the subjects of the Russian Federation, the problems of the legislative settlement of this human rights institution. The author also reflects the recommendations on perfection of the legislation concerning the activity of the Human Rights Ombudsman.
THE PARTICIPATION OF CIVIL SOCIETY IN THE SYSTEMATIZATION OF LEGISLATION (for example, Nizhny Novgorod region)
UDC: 340
Section: Конституционное право
Authors: Natalia Alexandrovna KRASILNIKOVA;
This article describes the forms of participation of civil society institutions in the systematization of the legislation, including on the example of Nizhny Novgorod region. Special attention is paid to the participation of representatives of the scientific community in the formation of integral system of legislation.
PROTECTION OF PUBLIC PEACE: PROBLEMS OF DIFFERENTIATION OF COMPETENCY IN THE LEGISLATION ON ADMINISTRATIVE OFFENSES OF SUBJECTS OF THE RUSSIAN FEDERATION
UDC: 351.74
Section: Конституционное право
Authors: Aleksander Rudolfovich LAVRENTEV; Anton Mikhailovitch SYBBOTIN ; Dmitriy Vladimirovich STEPANOV ;
The article is оne of the actual problems of the application of the legislation on administrative offense of the subjects of the Russian Federation by police officers is outlined and eight ways of its resolution by legal means
THE PRINCIPLE OF PUBLICITY IN THE LIGHT OF CONSTITUTIONAL RIGHT OF CITIZENS ON LOCAL GOVERNMENT
UDC: 342.55
Section: Конституционное право
Authors: Denis Stepanovich MIKHEEV ;
Research objective is the analysis of the constitutional provisions regulating the right of citizens for local government. This right is considered at an angle the principle of publicity.
ADMINISTRATIVE REGULATIONS AND STANDARDS OF THE STATE AND MUNICIPAL SERVICES
UDC: 342.9
Section: Конституционное право
Authors: Alexander Mikhailovich GAVRILOV ; Elena Vladimirovna VLADIMIRSKAYA;
The article is devoted to the implementation of regulations and standards in the provision of public and municipal services. The author proves the necessity of creating a system of public services and the convenience of getting these services by citizens and legal entities, as well as closer cooperation between public authorities, federal agencies and municipalities
SOME ASPECTS OF CITIZENSHIP IN THE RUSSIAN FEDERATION
UDC: 342
Section: Конституционное право
Authors: Nikolai Ivanovich PETRENKO ; Nikolai Ivanovich PETRENKO ; Anna Sergeevna ROVENSKAYA;
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, rep-resenting one of the types of relations governed by law – legal state of a person in citizenship.
PROCEDURE FOR THE APPOINTMENT AS A JUDGE OF THE CONSTITUTIONAL (AUTHORIZED) COURTS OF SUBJECTS OF THE RUSSIAN FEDERATION
UDC: 340.131.5
Section: Конституционное право
Authors: Igor Gennadievich DUDKO ; Elena Aleksandrovna SIDOROVA;
In his article, the author analyzes the process of appointment of judges of constitutional (charter) courts of the Russian Federation Lists the requirements to be met by candidates for the post of judge of the constitutional (charter) court of the Russian Federation subject. When writing this article the author uses as the statutes and judgments of the Constitutional Court of the Russian Federation, to more accurately express their thoughts. Compares the procedure for the appointment of judges of the constitutional (authorized) courts in different regions of Russia (Republic of Tatarstan, Adygea, Sverdlovsk region). It cites as an example the statements of various authors, which agrees. At the end of his article, the author concludes that that the appointment of judges of the constitutional (authorized) courts is a separate phenomenon in the Russian law, which has specific requirements for candidates for the positions of judges whose term of office and the procedure for the appointment of judges, which is different from the general rules.
PUBLIC HOUSING CONTROL
UDC: 342
Section: Конституционное право
Authors: Julia Stepanovna YAICHNIKOVA ;
Public control received regulation not only in the basic federal law, but also in some special legal acts. This article is devoted to the features of housing public control, which has differences in subjects, object, forms of control.
PERSPECTIVES OF DEVELOPMENT OF ELECTORAL LEGISLATION OF THE RUSSIAN FEDERATION
UDC: 342.8
Section: Конституционное право
Authors: Viktor Valer'evich TIMOFEEV ; Renat Eduardovich BIKCHUROV;
The paper presents the assessment of the electoral legislation of Russia as the le-gal basis for the formation of state and local governments. Analyzes the major innovations in the legislation of the Russian Federation on elections and referendums are possible fixes to further improve it.
COMPARATIVE LEGAL RESEARCH OF THE INSTITUTE OF PUBLIC CONTROL OF THE SOVIET PE-RIOD AND MODERN RUSSIA
UDC: 342
Section: Конституционное право
Authors: Valentina Georgievna SUSHENTCOVA ; Anastasia Vladimirovna KHAKIMOVA ;
The article is devoted to the origins of social control institution, the history of the acquisition of the legal form of lead in the consolidation of legal acts, as well as mapping of social control in different historical periods of existence of the Russian state.
SUMMER SCHOOL ON THE PREVENTION OF DRUG ABUSE AND DRUG-RELATED CRIME THROUGH THE ORTHODOX CULTURE AND TRADITIONS
UDC: 343.976
Section: Уголовное право и процесс
Authors: Zarina Kamilevna KONDRATENKO; Irina Igorevna LABATORINA;
The project is aimed at solving the problem of drug abuse and drug-related crime among persons of school age. The project includes: 6–7 and senior school in the period of vacation activities can create additional (specialized) a change in school camp (or specialized shift in sport «Olympian» when Margo) anti-drug profile, specializing in development of propaganda of healthy lifestyle, the revival of Orthodox traditional bias in the preservation of the moral and spiritual values, identify problems early psychological predisposition of adolescents to the possible use of drugs in the future and the formation among students of motivation on learning activities and active citizenship, denying drug use. Summer school participants will study a specially-applied discipline, with health-saving nature, in particular, to pass the mixed classes, increasing the level of physical and hidden psychological abilities that will continue to contribute to generating their own ideas and projects, increasing the level of prevention of drug abuse and drug-related crime.
ISSUES OF DETERMINING THE PROCEDURAL STATUS OF A PERSON WHO COMMITTED A CRIME IN COMPLICITY AND CONCLUDED A PRE-TRIAL COOPERATION AGREEMENT
UDC: 343.1
Section: Уголовное право и процесс
Authors: Svetlana Anatolevna YAKOVLEVA; Pavel Sergeevich KONYUSHKOV ;
In the article the author proposes to include in the number of participants in criminal proceedings from the side of defense (Chapter 6 of the Code of Criminal Procedure) an accomplice who has concluded a pre-trial cooperation agreement, fixing it in Article 47.1, indicating rights, duties and responsibilities. A clear regulation of such a procedural participant will ensure the guarantee of the rights and interests of an accomplice both in the main criminal case and in a separate criminal case in connection with the conclusion of a pre-trial cooperation agreement with him. In addition, the proposed changes in the criminal procedure law will create conditions for the identification of persons who committed a crime in complicity.
OVERCOMING THE CONFLICT OF INTERESTS AT THE STATE AND MUNICIPAL SERVICE – THE MOST IMPORTANT MECHANISM FOR FIGHTING CORRUPTION
UDC: 343.9
Section: Уголовное право и процесс
Authors: Svetlana Anatolievna UTROSINA ;
The article examines the category of «conflict of interest» on state and municipal service indicates the features of such conflicts and the importance of overcoming them in order to combat corruption. On the example of Mari El
Re-public are considered the ways of overcoming the conflict of interests at the state and municipal service.
ON THE PROCEDURAL STATUS OF THE PERSON PROVIDING LEGAL ASSISTANCE TO THE CONVICTED AT THE STAGE OF EXECUTION OF THE SENTENCE
UDC: 343.1
Section: Уголовное право и процесс
Authors: Svetlana Anatolevna YAKOVLEVA; Olesya Nikolaevna PETROVA;
The article discusses the question about the procedural status of persons providing legal aid to the convict at the stage of enforcement. The author proposes to Supplement the code of criminal procedure, article 399.1 and establishing the duty of the court to ensure the participation of the defender at the stage of enforcement when it seeks the convicted person. The author proposes to bring the principle of criminal proceedings, under art 16 of the code of criminal procedure, to harmonize with the constitutional principles.