VESTNIK 2(13) 2015

Title:
VESTNIK 2(13) 2015
Number:
13
Year:
2015
Date publication on the site:
2017-01-18 11:28:29
Full journal in PDF:
THE ROLE AND PLACE OF THE NATIONAL FACTOR IN THE ACTIVITY OF MARI MILITIA (1917–1941).
UDC: 340
Section: Теория и история государства и права
Authors: Vitaly Alexeevich IVANOV ;
In the article the importance of registration of the national population’s structure is explained in the activity of law enforcement as necessary condition for ensuring social stability of the multinational state. On the basis of systematization of the large material practice of national militia staff’s training was considered in the context of state’s national realization and contradictory role of so-called policy of indigenization was characterized.
EVOLUTION OF THE CONSTITUTIONAL RIGHTS AND FREEDOMS OF A HUMAN AND A CITIZAN
UDC: 342.72/.73
Section: Теория и история государства и права
Authors: Nikolai Ivanovich PETRENKO; E. B. AZIMOVA;
In the article history of formation, development and expansion of human rights and freedoms are considered.
THE RIGHT TO EDUCATION IN RETROSPECTIVE OF WORLD AND NATIONAL LEGAL THOUGHT
UDC: 340.1+342.733
Section: Теория и история государства и права
Authors: Olga Leonidovna SHABALINA;
In the article retrospective analysis of the idea of the Law to education in the writings of foreign and national thinkers of the past and the consolidation of the law in the normative acts are presented.
THE EVOLUTION OF THE CONSTITUTIONAL LAW OF THE REPUBLIC OF MARI EL
UDC: 342.41
Section: Теория и история государства и права
Authors: Valentina Georgievna Sushentcova;
The article analyzes the circumstances of Constitution’s adoption of the Republic of Mari El in 1995, the activity of the constitutional Assembly, the evolution of constitutional law.
DIPLOMACY OF PRESIDENT JAMES K. POLK AND THE «OREGON CRISIS» 1845–1846
UDC: 341.7
Section: Теория и история государства и права
Authors: Andrey Andreevich YARYGIN;
The article is devoted to the history of diplomatic negotiations between the United States and Britain on the question of the separation of Oregon lands in the northeast of the American continent in the mid-nineteenth century. The author believes that the U. S. President J. Polk managed to use the Oregon negotiations as a diplomatic victory over England, and to strengthen its political course in the United States.
INTERREGIONAL GOVERNANCE IN SIBERIA AND IN THE FAR EAST OF RUSSIA: FORMATION, SITUATION AND PERSPECTIVES
UDC: 342.5
Section: Конституционное, муниципальное и административное право
Authors: Konstantin Valerievich CHERKASOV;
Article is devoted to research of formation and development’s question of interregional public administration in Siberia and in the Far East of Russia. Its modern organizational and legal aspects are investigated. Offers and recommendations are submitted on improvement of the mechanism of public administration by the specified territories.
PECULIARITIES OF ACTS’ IMPLEMENTATION OF CONSTITUTIONAL JURISDICTION IN BELARUS AND RUSSIA
UDC: 34.028
Section: Конституционное, муниципальное и административное право
Authors: Yulia Ivanovna KOVALEVSKAYA; Anna Stanislavovna BAKUN;
In the article peculiarities of acts’ implementation of the Constitutional Jurisdiction in Belarus and the Russian Federation are discussed in comparative legal aspect.
INTERACTION OF THE PRINCIPLE OF PUBLICITY WITH OTHER TRAILERS OF THE ORGANIZATION OF LOCAL GOVERNMENT
UDC: 342.55
Section: Конституционное, муниципальное и административное право
Authors: Denis Stepanovich MIKHEEV;
The article is devoted to interaction of the principle of local government’s publicity with the principle of representative democracy’s combination with forms of citizens’ direct will. The author explains that the principle of publicity of local government doesn't lose the independence, and opposite – it is a leader in this tandem.
STATE AS AN ENTITY OF THE LEGAL LIABILITY FOR VIOLATION OF THE CONSTITUTIONAL RIGHTS AND FREEDOMS OF THE INDIVIDUAL
UDC: 342.72/73
Section: Конституционное, муниципальное и административное право
Authors: Svetlana Nikolaevna SHABUNEVICH;
In the article the problem of review of the state as an entity of legal liability for the violation of constitutional rights and freedoms of the individual is discussed at the level of Internal Law.
CHARACTERISTICS OF JURAL ADJUSTMENT IN LABOR OF MUNICIPAL SERVANTS
UDC: 351/354
Section: Конституционное, муниципальное и административное право
Authors: Svetlana Yurievna ADONINA;
The author analyzes the legislation of municipal service, determines characteristics of jural adjustment in labor of municipal servants and comes to the conclusion of necessity to improve this sphere.
PROBLEMS OF THE IMPLEMENTATION OF PUBLIC ASSOCIATIONS OF PUBLIC CONTROL AT THE MUNICIPAL LEVEL
UDC: 342.55
Section: Конституционное, муниципальное и административное право
Authors: Roman Vadimovich GORNEV;
In the article, the author considers some public associations’ problematic aspects of the public control at the municipal level. Special attention is drawn to the possibility of public associations to carry out public control, as well as a form of public control, as a public check. As a result of studying this problem, the author makes some theoretical and practical conclusions to address the identified issues.
A CONVICTION IN THE SOVIET LEGISLATION OF THE PRE-WAR PERIOD (1917–1940)
UDC: 343.154.5
Section: Уголовное право и процесс
Authors: Farit Vadutovich GABDRAKHMANOV;
The article reveals the history of the origin and development of criminal record in Soviet criminal law of the pre-war period. The formation of the institution of criminal record began only in the mid-1920s with legislative recognition of cancellation of criminal record in the institution of probation. Further the clearing of criminal record was regulated. All the consequences of a criminal record can be divided into two large groups: criminal law and general law consequences. In a less degree, the penal consequences of a criminal record were developed. In the modern law of Russia these effects have retained their classification and have been further developed.
AGGRAVATING CIRCUMSTANCES. SIGNIFICANCE AND CORRELATION WITH QUALIFYING SIGNS
UDC: 343.24
Section: Уголовное право и процесс
Authors: Larisa Vyacheslavovna GORBUNOVA;
The article explains the aggravating circumstances and its essence, It shows the correlation between the aggravating circumstances and qualifying signs of crimes and examines the role of aggravating circumstances in sentencing under the Criminal Code of the Russian Federation. In this article analysis of the aggravating circumstance and qualifying signs of the crimes have been done according to the latest changes in the criminal legislation of the Russian Federation. During the study of these criminal responsibility differentiation’s means and punishment’s individualization 1,000 criminal cases have been studied, mistakes made by the courts using qualifying signs and aggravating circumstances were revealed.
MEDICAL EXAMINATION OF MARRYING PERSONS
UDC: 347.6
Section: Гражданское право и процесс
Authors: Evgeniy Petrovich BURDO;
In this work medical conditions of marriage, legal and theoretical foundations of the functioning of this law are discussed.
PROBLEMS OF THE DEFINITION AND INTERPRETATION OF THE CONCEPT «SEX TRAFFICKING» IN THE INTERNATIONAL AND NATIONAL LAW
UDC: 342.721
Section: Гражданское право и процесс
Authors: Evgeny Petrovich BURDO; Inna Gennadievna GARANINA;
This article reveals the interpretation of the definition of «sex trafficking» and « human trafficking » in the point of view of the international human rights. The authors of the article analyze the literal interpretation of the term «sex trafficking» given in the Palermo Protocol. The authors carries out a comparative analysis of several states’ legislation for compliance which developed under International Law on the prohibition of sex trafficking.
IMPROVEMENT’ PROBLEMS OF PROCEDURES FOR REGISTRATION OF DOMAIN NAMES
UDC: 347
Section: Гражданское право и процесс
Authors: Maxim Anatolievich VERHOLETOV;
In this work the author considers the problem which are connected with realization of the procedure of domain names’ registration in Russian Federation, and also suggests ways to improve the existing system of domain name’s registration and changes in legislation in this area
ON THE IMPLEMENTATION OF THE PRODUCTION FUNCTION OF EMPLOYMENT LAW
UDC: 349.2
Section: Гражданское право и процесс
Authors: Tatiyana Aleksandrovna IZBIENOVA;
In the article on the basis of the practice in some foreign countries and in the Russian Federation role and meaning of the industrial democracy were investigated as realization’s form of productive function of the Employment Law. In the process of investigation the conclusion was made about necessity of correction of Civil legislation’s norms in such part where workers’ representatives were given the right to participate in the work of collegial bodies of the legal persons. Preserving of the existing approaches to the formation of governments does not allow discussing the opportunities of the successive realization of the productive function in the Employment Law.
PROBLEMS OF LEGAL REGULATION OF PRE-CONTRACTUAL RELATIONS
UDC: 347.4
Section: Гражданское право и процесс
Authors: Olga Velerievna YAHINA; Kseniya Goderdzievna KATSIYA ;
Authors raise important problem for civil circulation – issues of the legal regulation of pre-contractual relations. The current legislation was analyzed, the views of legal scholars were given on the topic of interest. According to investigation’s results ways of improving legislation are suggested in the area of pre-contractual relations.
CONSTITUTIONAL AND LEGAL ASPECTS OF THE FIGHT AGAINST CORRUPTION
UDC: 342.4
Section: Государственное и муниципальное управление
Authors: Andrey Vladimirovich SHVETSOV;
In the article recently adopted regulations are analyzed aimed at strengthening the fight against corruption in the Russian Federation. Reserves for the further development towards best international practices are indicated accumulated in this field in the foreign countries.
FORMATION AND DEVELOPMENT OF LEGAL BASES OF GOVERNMENT’S REPRESENTATIVE BODIES OF BOROUGH «YOSHKAR-OLA»
UDC: 352
Section: Государственное и муниципальное управление
Authors: Leonid Ananievich GARANIN; Svetlana Anatolievna UTROSINA;
In the article the legal and historical bases of formation and development of government’s representative body of the borough «Yoshkar-Ola» are analyzed.
RIGHT TO OPPOSITION
UDC: 321
Section: Государственное и муниципальное управление
Authors: Valery Borisovich GOLUBEV;
Problems of the relations between opposition and power have always taken place. In the article it is tried to analyze some aspect of interaction between political power and persons with opposition views retrospectively and at the present time.
ALTERNATIVE MEANS OF SOCIAL CONFLICTS’ RESOLVING: ISSUES OF LEGAL REGULATION
UDC: 316.485
Section: Государственное и муниципальное управление
Authors: Polina Sergeevna STARYGINA;
In article features of development of alternative means of resolving social conflicts are considered. Special attention is paid to the issues of legislative regulation of the use of such means. Alternative approaches to the resolution of social conflicts are fixed in various normative acts of the Russian Federation. Special attention is paid to the Federal law «On alternative procedure of dispute settlement with participation of mediator», and the mediation procedure.
USE OF THE PERSONAL SOCIAL EXPERIENCE OF STUDENTS DURING LAW TRAINING
UDC: 373.016:340
Section: Государственное и муниципальное управление
Authors: Lidiya Anatolievna TYSKO;
In the article problems of personal social experience’s using of pupils are discussed in the law training in light of the implementation of new state educational standards.
TO THE PROBLEM OF DEFINITION OF OBJECTIVES AND SCOPE OF CITIZENSHIP’S EDUCATION AT MODERN SCHOOL: METHODOLOGICAL APPROACHES
UDC: 37.0
Section: Государственное и муниципальное управление
Authors: Rimma Grigorievna CHULKOVA;
In the article the problem of determining the purposes and scope of citizenship’s education at modern school are raised, methodological approaches to defining the objectives and scope of citizenship’s education of pupils are identified at modern school.
THE FINANCIAL STABILITY OF BUSINESS TODAY
UDC: 338.31
Section: Государственное и муниципальное управление
Authors: Nataliya Kimovna SHVETSOVA;
There is need for a new industrialization of Russia, the development of own production and own sales market in the light of the developing events related to imposition of sanctions against a number of sectors of the Russian economy. In connection with this questions of the New Economic Policy and perspectives of reindustrialization appear, how the Russian economy can be stimulated, the crisis can be overcome in the social sphere and the home industry will be revived.
SOCIAL PARTNERSHIP AS REGULATOR OF LABOR RELATIONS
UDC: 349.22
Section: Студенческая трибуна
Authors: Aykuhuy Koryunovna AMIRHANYAN;
In the article the system of social partnership is studied in comparative legal aspect. Sufficient attention is given to the Armenian jurisprudence, statistics and legislation
PROBLEMS OF THE SENTENCING AND EXECUTION OF PUNISHMENT IN THE FORM OF RESTRICTION OF FREEDOM
UDC: 343.24
Section: Студенческая трибуна
Authors: Iliya Sergeevech BABIN;
In the article main problems of the sentencing and execution of punishment as restriction of freedom are analyzed, as well as recommendations of solving these problems are offered.
INFLUENCION ON THE DECISIONS OF THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION ON THE IMPLEMENTATION OF THE POWERS OF THE CONSTITUTIONAL (STATUTORY) COURTS OF THE RUSSIAN FEDERATION
UDC: 342.24
Section: Студенческая трибуна
Authors: O. M. BOGDANOVA;
In the article the question of necessity of theoretical and practical study’s problem of influence on the authority of Constitutional (statutory) courts of the Russian Federation’ entity are discussed. The problem is also connected with the quality of conformance of Constitutional court’s decisions and specified requirements. The article touches upon how question impacts on the authority of Constitutional (statutory) courts of entity of Russian Federation.
PROBLEMS OF LEGAL REGULATION OF WARRANTIES AND COMPENSATION OF WORKERS INVOLVED IN THE TERMINATION OF EMPLOYMENT CONTRACTS
UDC: 349.227
Section: Студенческая трибуна
Authors: Evgeniys Eduardovna GYANDZHUMYAN;
In the article problems of the legal regulation, guarantee and compensation of workers connected with the termination of employment contracts are discussed. In this work Armenian and Russian experience is studied
ON THE ISSUE OF INDEPENDENCE OF LOCAL GOVERNMENT
UDC: 342.55
Section: Студенческая трибуна
Authors: Artem Olegovich LIHOSHVA;
In the article the principle of independence of local government are analyzed. The specific directions of this principle in municipal law owe shown.
TRANSPARENCY IS A PRINCIPLE OF CIVIL LEGAL PROCEEDING
UDC: 347.97
Section: Студенческая трибуна
Authors: Elena Aleksandrovna OSEEVS;
In the article normative preconditions of the principle of transparency of the civil proceedings are considered in the CPC RF. The author proposes to establish the principle of Civil Procedure’s transparency in the Civil Procedure Code of the Russian Federation.
STATE OF LIMITED MENTAL HEALTH AND PROBLEMS OF ITS IMPLEMENTATION IN THE LEGISLATION OF MODERN
UDC: 614
Section: Студенческая трибуна
Authors: Tatiana Mihajlovna SEKRETAREVA;
In the article a term «limited mental health» and problems of its implementation in the legislation of modern Russia are analyzed.
DECISIONS’ JUDICIAL APPEAL OF LOCAL SELF-GOVERNMENT, ITS BODIES AND OFFICIALS
UDC: 342.55
Section: Студенческая трибуна
Authors: Tatiana Mihajlovna UFIMTCEVA;
In the article decisions’ judicial appeal of local self-government, its bodies and officials are analyzed in the case of passing of the illegal act, causing property, moral or other damage.
ORGANIZATIONAL AND LEGAL PROBLEMS OF REALIZATION OF SYSTEM «THE OPEN GOVERNMENT» IN THE RUSSIAN FEDERATION
UDC: 342.5
Section: ОБСУЖДАЕМ ПРОБЛЕМУ. ОТКРЫТОЕ ПРАВИТЕЛЬСТВО
Authors: Konstantin Valerievich CHERKASOV; Dmitriy Aleksandrovich ZAKHAREVICH;
The article is devoted to the process of the formation «Open government» system in Russia. Regulatory framework of «Open government», the organizational structure of the bodies responsible for its implementation is analyzed. Special attention is paid to the relationship of «Open government» with the concept of «e-Government». Organizational and legal problems of openness mechanisms` implementation in public administration are observed.