VESTNIK 4(15) 2015
- Title:
- VESTNIK 4(15) 2015
- Number:
- 15
- Year:
- 2015
- Date publication on the site:
- 2017-01-18 11:32:15
- Full journal in PDF:
-
Content all 40
HISTORICAL AND LEGAL ASPECTS OF CIVIL SOCIETY’S DEVELOPMENT IN THE REPUBLIC OF MARI EL
UDC: 342.55
Section: Образование Марийской автономной области
Authors: Tatiana Nikolaevna MIKHEEVA ;
In the article the historical and legal analysis of the origin and development of civil society’s institutions is represented in the Republic of Mari El. Main elements and civil society’s modern components of the period of the Mari Autonomous Region’s formation are shown.
FORMATION OF THE MARI AUTONOMOUS REGION
UDC: 974(470.343)
Section: Образование Марийской автономной области
Authors: Sergey Valentinovich STARIKOV ;
In the article the formation of the Mari Autonomous Region is disclosed since the days of signing of the decree
on the formation of the autonomous region of the Mari people by the chairman of the CPC V. I. Lenin and Chairman
of the Central Executive Committee M. I. Kalinin on November 4, 1920. It is mentioned that the events should be con-
sidered in the context of nationwide events in the Mari region.
THE MINISTRY OF INTERNAL AFFAIRS OF THE MARI ASSR IN 1945–1953: THE RESTRUCTURING OF THE ORGANIZATIONAL AND PERSONNEL WORK
UDC: 340
Section: Теория и история государства и права
Authors: Vitaliy Alexeevich IVANOV ;
The article presents the analysis of the organizational structure of the police of the Mari ASSR in post-war period.
The analysis of the human resources, its quality characteristics are given; a certain shift of the police leadership of the
republic is shown in the postwar years. The work was developed on the basis of systematization of a large array of his-
torical and legal material, far much part of which is introduced into scientific circulation for the first time
THE STRUGGLE OF BODIES OF INTERNAL AFFAIRS OF THE MARI ASSR WITH JUVENILE DELINQUENCY (1960–1980)
UDC: 351.74/.76
Section: Теория и история государства и права
Authors: Alexei Ananjevich IVANOV ; Irina Aleksandrovna BOYARINCEVA ;
The authors present a series of questions dedicated to the fight against juvenile delinquency from 1960 to 1980.
Along with the achievements in this direction the activities of Mari militia, the authors mark flaws and omissions that are
not allowed to reduce the number of offences committed by adolescents by the middle of 1980-s.
LAWS, CORRUPTION AND ROAD QUESTION IN RUSSIA OF XVIII CENTURY
UDC: 340
Section: Теория и история государства и права
Authors: Evgeny Petrovich KUZMIN ;
PROBLEMS OF THE PERFECTION OF RUSSIA’S FEDERAL STRUCTURE
UDC: 342.24
Section: Теория и история государства и права
Authors: Mariya Vasilievna GLAZYRINA ; Nikolai Ivanovich PETRENKO ;
In the article it is mentioned that a stable and efficient functioning of the federal state implies a balanced delineation
of powers between the federation and its subjects, as well as the necessity of reforming the federal relations in Russia is
explained in order to achieve political and economic stability of the Russian Federation and state as a whole
CONFLICT OF INTEREST IN THE PUBLIC SERVICE: CONCEPT, NORMATIVE CONSOLIDATION
UDC: 35.08
Section: Теория и история государства и права
Authors: Irina Leonidovna KEZNETSOVA ; Anatoly Vasilievich VISSAROV ;
In the article authors analyze the existing approaches to the investigation conflict of interest’s concept in public
service and problems of its normative consolidation. We studied legislation in this area. Concrete proposals
for improvement of conflict of interest’s normative regulation in public service are recommended.
LIABILITY FOR NON-ENFORCEMENT OF BODIES OF CONSTITUTIONAL JUSTICE IN THE RUSSIAN FEDERATION
UDC: 340.131.5
Section: Конституционное, муниципальное и административное право
Authors: Marina Alexandrovna MOKOSEEVA ;
In Russia, the problem of the execution of acts of Constitutional justice has been before the adoption of the Consti-
tution of the Russian Federation since 1992, when the Republic of Tatarstan did not comply with resolution of the Con-
stitutional Court of March 13, 1992 N R-RP-I. There are many examples of full and timely execution of decisions of con-
stitutional justice, but there are ignoring facts, unjustified delay in the execution, attempts to overcome their validity
repeated adoption of rules similar to those declared unconstitutional ones. The author examines the various types of lia-
bility for non-enforcement of constitutional justice and proposes to establish the administrative responsibility. The author
examines the international experience of the Republic of Kazakhstan, the Republic of Belarus, the Republic of Kosovo,
Republic of Albania and the Federal Republic of Germany.
The main methods of research were scientific methods, such as method of analysis and comparison method that al-
lowed highlight the similarities and differences between the norms law and decisions of constitutional justice and to for-
mulate specific theoretical and practical conclusions and proposals necessary for the further development of the Rus-
sian legal system.
SOME ASPECTS OF IMPLEMENTATION OF «OPEN REGION» PROJECT IN THE RUSSIAN FEDERATION’S SUBJECTS
UDC: 342.5
Section: Конституционное, муниципальное и административное право
Authors: Konstantin Valerievich CHERKASOV ; Svetlana Vacheslavovna KOCHETKOVA ;
In the present article the main directions of functioning of Open government system in subjects of the Russian Fed-
eration within the open region project are considered. The publication of open data and involvement of citizens in public
administration are distinguished as the most important from them. Different level of activity of executive authorities
of subjects of the Russian Federation on introduction of mechanisms of openness in the activity is noted. Offers on
a research subject are formulated
EXPERIENCE IN THE FORMATION OF LOCAL GOVERNMENTS IN FOREIGN COUNTRIES
UDC: 342.55
Section: Конституционное, муниципальное и административное право
Authors: Valentin Victorovich KUDRYAVTSEV ;
In the article the peculiarities of citizens and their associations’ participation are analyzed in the creation of local au-
thorities and abroad.
THE RIGHT OF LEGISLATIVE INITIATION OF TRADE UNIONS IN THE REPUBLIC OF MARI EL
UDC: 349.2
Section: Конституционное, муниципальное и административное право
Authors: Ivan Alekseevich MURZANOV ;
The article is devoted to the issues of the need to give the right of legislative initiation to the institute of Trade Un-
ions. Legal analysis of articles of federal and regional legal acts is produced. Different scientists’ points of view about
the consequences of trade unions legislative initiation is analyzed in regional level. Problems and contradictions are
identified in realization of such authority by trade unions in Republic of Mari El and their possible solutions.
LEGAL BASICS OF PUBLIC HEARINGS AS VARIOUS KINDS OF LOCAL SELF-GOVERNMENT
UDC: 342.55
Section: Конституционное, муниципальное и административное право
Authors: Ekaterina Valerievna AGAPOVA ; Vitaly Alexeevich IVANOV ;
The author considers legal and social basics of public hearings in various kinds of local government and he also
describes the social and the legal nature of public hearings on the strength of historical traditions of Russia.
INTERNATIONAL LEGAL INSTRUMENTS, REGULATING PROTECTION AND ENFORCEMENTOF THE HUMAN RIGHTS AND FREEDOMS AND CITIZENS IN THE RUSSIAN FEDERATION
UDC: 342.7
Section: Конституционное, муниципальное и административное право
Authors: Elmira Borisovna AZIMOVA ; Nikolai Ivanovich PETRENKO ;
In the article methods of protection of human rights and freedoms of man and citizen by international legal instru-
ments in the Russian Federation are considered.
THE ESSENCE OF THE CONSTITUTIONAL RIGHT FOR COMPETITION IN THE INDUSTRIAL AND ECONOMIC ACTIVITIES
UDC: 342
Section: Конституционное, муниципальное и административное право
Authors: Yulia Sergeevna VERZUN ; Nikolai Ivanovich PETRENKO ;
In the article the implementation of the constitutional right for competition, the content and form of implementation
of this law are discussed. A distinction with the implementation of constitutional and legal provisions on competition
is made. Practical examples of the constitutional right for competition are given
FEATURES OF GOVERNMENTAL DEPARTMENTS’ RELATIONS AND LOCAL AUTHORITIES DURING GIVING CERTAIN STATE POWERS TO LOCAL GOVERNMENTS
UDC: 342.55
Section: Конституционное, муниципальное и административное право
Authors: Anton Mihajlovich KUDRYAVTSEV ;
In the article features of governmental departmental departments’ relations and local authorities during giving state
powers to local government are analyzed
THE CONSTITUTIONAL RIGHT TO EDUCATION
UDC: 342.7
Section: Конституционное, муниципальное и административное право
Authors: Aleksandr Aleksandrovich PLOTNIKOV ; Nikolai Ivanovich PETRENKO ;
The article presents a normative legal base of Constitutional law’s education in the Russian Federation
INSTITUTE OF PARDON IN RUSSIA: PROBLEMS AND PROSPECTS OF DEVELOPMENT
UDC: 343.154
Section: Уголовное право и процесс
Authors: Vasilisa Evgenyevna BASKAKOVA ;
In this article the author examines the topical issues of implementation of legislation of pardon in law enforcement
practice. Particular attention is paid to the activities of the Commission for Pardons in the Republic of Mari E
LEGAL CONSEQUENCES OF DISACCORD BETWEEN THE LAWYER AND DEFENDANT IN A CRIMINAL PROSECUTION
UDC: 347.965+343.150.1
Section: Уголовное право и процесс
Authors: Farit Vadutovich GABDRAHMANOV ; Sergei Mikhailovich KLYUZHEV ;
The article considers legal cases involving disaccord between the lawyer's position and defendant's interests in a
criminal prosecution.
TO THE QUESTION OF DETERMINING THE OCCURRENCE OF ARBITRARINESS
UDC: 343.35
Section: Уголовное право и процесс
Authors: GORBUNOVA Larisa Vyacheslavovna GORBUNOVA ;
The present article is devoted to the problems of determining the composition of the arbitrariness of the delimitation
and its related offences, administrative offences and civil torts. This issue is relevant in connection with arising in the
practice of the investigating authorities and the courts to problems of accountability for arbitrariness. The author sug-
gests amending article 330 of the Criminal code of the Russian Federation.
NEW APPROACHES OF LAW ENFORCEMENT BODIES IN THE QUALIFICATION OF CRIMES OF ILLEGAL SALE OF DRUGS AS A RESULT OF OPERATIONAL-SEARCH ACTIVITY
UDC: 343.1
Section: Уголовное право и процесс
Authors: Sergei Mikhailovich KLYUZHEV ;
In the article the question of right qualifying result of operational search activities «test buy» in criminal cases involv-
ing the illegal sale of narcotics are considered. It is concluded that the actions of the person who conducted the sale of
narcotic drugs within the framework of MPAS «test purchase» which are detained immediately after these actions and
they are the subject to qualifications, as the completed offense under article 228.1 of the criminal code
RUSSIAN FEDERATION’S EXECUTION OF COMMITMENTS CONNECTED WITH DENYING THE DEATH PENALTY
UDC: 343.25
Section: Уголовное право и процесс
Authors: Aleksandr Anatolievich TREFILOV ;
In this article on the basis of normative and doctrinal sources the author considers questions why the Russian Fed-
eration has not yet fulfilled its obligations about abolishing the death penalty. Critical assessment of the rules of the
Criminal and Penitentiary Code was also given according to the European Convention for the Protection of Human
Rights and Fundamental Freedoms.
LEGAL ISSUES OF RELATIONS BETWEEN CRIMINAL AND ADMINISTRATIVE PRE-TRIAL PROCEEDINGS
UDC: 343.1
Section: Уголовное право и процесс
Authors: Svetlana Anatolievna YAKOVLEVA ;
The author proposes to consider the materials of the administrative examination which were sent to the preliminary
investigation bodies as an issue for initiating a criminal case due to the detection of the criminal offense in the course of
administrative proceedings, as a reason for instituting criminal proceedings, having secured it in paragraph 5 of Part 4 of
the Art. 140 of the Criminal Procedural Code of the Russian Federation
QUESTIONS OF LEGAL REGULATION OF THE INSTITUTE OF STATE SECRETS IN THE FEDERAL REPUBLIC OF GERMANY
UDC: 343.3
Section: Уголовное право и процесс
Authors: Viktoria Anatolievna KANDAKOVA ; Farit Vadutovich GABDRAHMANOV ;
In the article the existing legal regulation of the protection of state secrets is analyzed in the Federal Republic of
Germany what allows to highlight the strengths and weaknesses and to apply this information in solving problems in this
area of the native legislator
REIMBURSEMENT OF JUDICIAL COSTS FOR COMPENSATING THE EXPENSES FOR THE SERVICES OF A REPRESENTATIVE IN CIVIL DISPUTES
UDC: 347.9
Section: Гражданское право и процесс
Authors: Andrey Fedorivich BACULIN ; Аnna Vacheslavovna KUZMINA ;
The article examines the problematic issues of arbitration practice associated with the right of awarding legal costs for payment of legal assistance. The authors define the recommendations for their resolution and application.
THE PROBLEM OF A PROPER REGISTRATION AND CONFIRMATION OF A CONSUL'S AUTHORITY TO REPRESENT FOREIGN PERSONS OR ENTITIES IN CIVIL PROCEDURE
UDC: 342.24
Section: Гражданское право и процесс
Authors: Irina Victorovna VORONTSOVA ; Yana Vladimirovna KISELEVA ;
The article is devoted to the problems of determination of a foreign country consul's scope of powers, registration
and confirmation of his or her authority to be a representative in civil cases proceedings in courts of general jurisdiction
of the Russian Federation. The provisions of the Russian Federation’s Civil Procedure Code, Vienna Convention on
Consular Relations (1963) are examined for the presence of rules which govern the procedure and grounds for a con-
sul's admission to participate in a civil case as a representative of a foreign person or entity, as well as rules which es-
tablish the scope of a consul's representation authority.
CONSEQUENCES OF LEGISLATION’S VIOLATION OF CONTRACT SYSTEM
UDC: 346.3
Section: Гражданское право и процесс
Authors: Anastasia Valerievna KAMAEVA ;
The article highlights the legal grounds for invalidation of purchases made in violation of the law on the contract system. The author examines the civil and administrative consequences of invalidation of bidding conducted for the purpose of placing orders for state and municipal needs.
OBTAINING THE TITLE ON THE OWNERLESS UNFINISHED CONSTRUCTIONS ON THE BASIS OF ACQUISITIVE PRESCRIPTION IN RUSSIA AND THE CIS
UDC: 347.232+347.214.2
Section: Гражданское право и процесс
Authors: Zarina Kamilevna KONDRATENKO ;
Purpose. The aim of the research is the study of appropriation as a way of acquiring the right of private
ownership of objects of unfinished construction. Within the overall improvement of the civil legislation special attention
should be paid to the improvement of standards of the Institute of acquisitive prescription and acquisition of the right of
private ownership to ownerless immovable things. Research on the acquisition of property rights in order of acquisitive
prescription were investigated by M. Hampton Carver, John S. White Jr., Randall Lesaffer and others.
Design/methodology/approach. During the study we used the general scientific and individual scientific methods, in-
cluding formal logical methods (analysis, synthesis, induction, deduction, the hypothesis). As special methods we ap-
plied historical, legal and technical, interdisciplinary, comparative legal system and other methods of scientific
knowledge.
Findings. As a result of research the author comes to the conclusion that the right of private ownership of objects of
unfinished construction can be acquired through appropriation. The effect of the mechanism of acquisition of private
property’s right by virtue of acquisitive prescription depends on recognition or non-recognition of these objects without
owner. In addition, a compulsory element of the actual composition is the basis for the acquisition of private property
rights in order of acquisitive prescription, a court decision.
Research limitations/implications (if applicable). The findings of the study serve certain complement of modern Rus-
sia’s theory of property rights. Thus the theory is complemented by new knowledge about the elements and stages of
the civil-legal mechanism of acquisition of private ownership’s right to the objects of unfinished construction through ap-
propriation. This knowledge can be used in the scientific analysis of other grounds for and the ways of purchasing the
right of private property, and be applied in the study of civil-legal regime of assets under construction.
Practical implications (if applicable). Results of research can be used in the framework of the law-making for im-
provement of the norms of Russian Federation’s civil legislation and other CIS countries, as well as model legislation of
the CIS countries. Certain provisions may be perceived in the judicial practices when cases are considered and re-
solved which are related to the acquisition of private ownership’s right of unfinished construction’s objects. Scientific
proposals of the author may find application in the development of training curricula, manuals for teaching courses in
«Civil law», «Law», «Land law».
Social implications (if applicable). The very existence of unfinished construction objects has negative impact on the
socio-economic development of any country with a developed market economy, as such objects cannot be used as in-
tended ones, and they also require the cost of measures to their completion. Therefore, the issues are connected with
the circulation of objects of unfinished construction and completion of their construction should be unequivocally re-
solved at the legislative level and in judicial practice. The findings in this study are designed to solve some of the prob-
lems in this area.
Originality/value. The work contains original, creative author's solution of problematic issues identified in the re-
search. This article is useful for practicing lawyers and persons who are engaged in the science of civil law.
TO STUDY THE PROBLEM OF THE LEGAL ESSENCE OF LIABILITY OF THE LEGAL ENTITY
UDC: 347.19
Section: Гражданское право и процесс
Authors: Nikolay Nailevich SMIRNOV ;
This article is devoted to research of category of liability of the legal entity. On the basis of the analysis of theories
of legal entity’s essence author describes the theoretical and legal justification of the legal nature and value of this legal
phenomenon
LEGAL BASES AND ACTIVITIES OF THE ORGANIZATION OF PRECIOUS METALS’ STATE FUND AND GEMSTONES OF THE RUSSIAN FEDERATION (RUSSIAN STATE FUND)
UDC: 336.71
Section: Гражданское право и процесс
Authors: Viktor Valerievich TIMOFEEV ; Tatiana Fedorovna TOMOFEEVA ;
The article is devoted to the study of the processes of formation and development of State Fund of precious metals
and precious stones of the Russian Federation, the analysis of legal bases of organization and activity of State Fund of
precious metals and precious stones of the Russian Federation. It examines its constituent parts, the procedures for de-
positing and accounting of funds.
IMPLEMENTATION OF A PRINCIPLE OF PROCEDURAL ECONOMY IN CIVIL PROCEDURAL LAW
UDC: 347.9
Section: Гражданское право и процесс
Authors: Elena Alexandrovna OSEEVA ;
The article is devoted to the principle of procedural economy in the civil procedural law. The author considers
implementation of procedural economy’s problems in the civil procedural law. The author indicates the problems of pro-
cedural economy’s implementation in the civil procedure law and possible are solutions proposed.
ON SOME LEGAL ASPECTS OF CONFLICT OF INTEREST IN EDUCATION
UDC: 342.733
Section: Государственное и муниципальное управление
Authors: Sergey Valentinovich DERGACHEV ;
In the article problem field of the origin and conflict of interest is considered in the educational organization. Based
on the analysis dispositive nature of the rules is shown, which is enshrined in the Federal Law «On Education in the
Russian Federation» and it is used to resolve the conflict of interest of teaching staff. Some organizational and legal
mechanisms of the prevention and resolution conflicts of interest were proposed by the author directly to the educational
institution.
THE ROLE OF THE COMMISSION TO RESOLVE THE CONFLICT OF INTEREST IN THE PREVENTION OF CONFLICT OF INTEREST IN PUBLIC SERVICE
UDC: 35.08
Section: Государственное и муниципальное управление
Authors: Aleksandr Alekseevich KOSHKIN ; Irina Leonidovna Kuznetsova ; Anatoly Vasilievich VISSAROV ;
Authors propose to amend existing law in the fight against corruption on the base of materials’ analysis of the commissions to resolve the conflict of interest and compliance conduct of civil servants with the requirements to official
PUBLIC HEARINGS AS FORMS OF PEOPLE POWER IN RUSSIA
UDC: 342.55
Section: Студенческая трибуна
Authors: Ekaterina Valerievna AGAPOVA ; Ekaterina Aleksandrovna BARANOVA ;
In the article the problem of organization and holding public hearings are analyzed as a new form of public participation in local government under Art. 28 of the Law on General Principles of Local Self-Government
THE DECISIONS OF RUSSIAN FEDERATION’S CONSTITUTIONAL COURT
UDC: 342.56
Section: Студенческая трибуна
Authors: Yulia Alekseevna EGOROVA ;
In the article rules of the Federal Constitutional Law «On the Constitutional Court of the Russian Federation» and
the jurisprudence are analyzed in order to identify issues of decisions’ execution of Russian Federation’ Constitutional
Court. In the article gap is also considered in the determination of the legal definition as' legal position of the Constitu-
tional Court of the Russian Federation and its definition is offered.
FOREIGN AND RUSSIAN THINKERS ABOUT THE LIMITATION OF RIGHTS AND FREEDOMS OF AN INDIVIDUAL AND A CITIZEN
UDC: 342.7
Section: Студенческая трибуна
Authors: Tatiana Lvovna NEFEDOVA ;
In the article different ideas of Russian and foreign thinkers about the limitation of human rights and freedoms are analyzed by government institutions, especially the state ones
JUDICIAL PRECEDENT AS A SOURCE OF CONSTITUTIONAL RIGHT: PROBLEMS AND PROSPECTS
UDC: 342.5
Section: Студенческая трибуна
Authors: Rufia Rovshan-Kyzy ORUDZHAVA ;
The article is devoted to the study of the concept of judicial precedent as a source of law. In considering the prob-
lem of the definition the author raises the problem of uncertainty about the role of judicial precedent in the Russian law. The article denotes the importance of creating a unified judicial practice in the modern integration. The necessity of recognition of the law-making function of the courts, which largely meets the needs of the modern Russian state and society
PROBLEMS OF EXECUTION OF JUDGMENTS OF THE EUROPEAN COURT OF HUMAN RIGHTS IN CIVIL PROCEEDINGS
UDC: 347.9
Section: Студенческая трибуна
Authors: Nikolay Valerievich SAPOZHNIKOV ;
In the work the problem of judgments’ execution of the European Court of Human Rights in civil proceedings is indicated. Special attention is given to approaches of solving these issues from different positions of Russian scientists of Civil Procedure
LEGAL LIABILITY AS AN ELEMENT OF THE LEGAL STATUS OF THE CIVIL SERVANT
UDC: 35.08
Section: Студенческая трибуна
Authors: Olga Vyacheslavovna STEKOLSHOKOVA ;
In the article implementation of full economic and administrative reforms, the problem of legal liability in general and
the problems of legal responsibility of civil servants are investigated in modern conditions of formation of Russia's civil
society and legal state
PROBLEMS AND MAIN DIRECTIONS OF ANTICORRUPTION EXAMINATION’S IMPROVEMENT OF LAWS AND OTHER REGULATORY ACTS
UDC: 343.352
Section: Студенческая трибуна
Authors: Denis Aleksandrovich CHEREZOV ;
In the article institute’s problems of anticorruption expertise of normative legal acts are represented. Possible solutions are proposed to these problems