VESTNIK 1(16) 2016
- Title:
- VESTNIK 1(16) 2016
- Number:
- 16
- Year:
- 2016
- Date publication on the site:
- 2017-01-18 11:36:58
- Full journal in PDF:
-
Content all 28
HOME MINISTRY OF MARI ASSR IN 1953–1960: AT THE BEGINNING OF THE LIBERATION FROM THE BURDEN OF THE PAST
UDC: 340
Section: Теория и история государства и права
Authors: Vitaliy Alexeevich IVANOV ;
The article presents an analysis of the organization and activities of the militia Mari of ASSR in the postwar
period,their transformation is shown during the «thaw». The work has been prepared on the basis of ordering a large
array of historical and legal material, significant part of which is introduced into scientific circulation for the first time.
RESPONSIBILITY AS A MEASURE AIMED AT COMBATING CORRUPTION
UDC: 328.185
Section: Теория и история государства и права
Authors: Olga Nikolayevna ALEXANDROVA ; Anatoly Vasilievich VISSAROV ;
This article analyzes the main directions of state policy of the Russian Federation in the field of combating corrup-
tion in the public service. The author examines the types of responsibility in detail depending on the degree of public
danger of acts of corruption. In the article the author submitted proposals to improve the anti-corruption legal policy
in the public service.
THE PENAL SYSTEM AS A SOCIAL INSTITUTION
UDC: 343.8
Section: Теория и история государства и права
Authors: A. V. LOSKUTOVA ; Nikolai Ivanovich PETRENKO ;
The article presents the characteristics of the penitentiary system from the perspective of the social institution. In
particular, the main components of this system were determined, the main trends and social relations were described on
which the correctional system affects. Recommendations for development the concept of reform of the penal system
were roposed.
LEGITIMATE INTEREST AS AN ELEMENT OF THE GUARANTEE OF THE LEGAL STATUS OF THE INDIVIDUAL
UDC: 342.7
Section: Теория и история государства и права
Authors: Irina Vladimirovna MOTOROVA ; Anatoly Vasilievich VISSAROV ;
The article deals with a legitimate interest as an element of the legal status of the individual. It gives interpretations of such concept as «interest» in terms of the different areas of knowledge. Delimitation of the concepts of «subjective right» and «legitimate interest» is held.
SOCIAL SUPPORT OF VETERANS OF THE WARS: FOREIGN EXPERIENCE
UDC: 349.3
Section: Теория и история государства и права
Authors: Irina Aleksandrovna SARAEVA ; Viktor Valerievich TIMOFEEV ;
The article reveals the concept of measures of war veterans’ social support as events held by bodies of social pro-
tection in the framework of the state social policy. Measures of social support of war veterans are disclosed in different
countries (France, Canada, UK). It is concluded that the experience of foreign countries to social support of veterans will
improve the system of measures of veterans’ social support in the Russian Federation.
MAINTENANCE OF THE CONSTITUTIONAL LEGITIMACY IN THE STATE – SCOPE OF GENERAL RESPONSIBILITIES OF THE JUDICIAL SYSTEM
UDC: 342.56
Section: Конституционное, муниципальное и административное право
Authors: Grigory Alekseevich VASILEVICH ;
The article analyzes the Belarusian legislation relating to the interaction of the judiciary to ensure the rule of consti-
tutional norms. It defends the idea that responsibility for the general level of constitutional legality is imposed by the
Constitution on whole judicial system in the country. It is emphasized that the Constitution of the Republic of Belarus
provides the mixed system of judicial constitutional review. There are the proposals for improving the legislation and law
enforcement practice.
ON SOME ASPECTS OF LEGAL REGULATION OF PERSONNEL PROCEDURES IN THE CIVIL SERVICE
UDC: 35.08
Section: Конституционное, муниципальное и административное право
Authors: Sergey Valentinovich DERGACHEV ;
The article discusses the problem of the legitimacy human technology’s use in the civil service through additional
legal regulation of certain procedural issues enshrined in federal law. The author suggests some ways to overcome le-
gal collisions contained in separate regulations.
LIMITATION OF HUMAN RIGHTS AND FREEDOMS IN THE CONSTITUTIONAL THEORY AND PRACTICE
UDC: 342.7
Section: Конституционное, муниципальное и административное право
Authors: Marina Yuryevna BAHTINA ; Marina Alexandrovna MOKOSEEVA ;
The article is devoted to problems of rights’ restrictions and freedoms in constitutional theory and practice. The arti-
cle presents: the relevance of the theme, the reasons for limitation of the rights and freedoms of man and citizen, the
problem of the theory of human rights.
CONSTITUTION OF THE REPUBLIC OF THE RUSSIAN FEDERATION: FEATURES OF THEIR STRUCTURE AND CONTENT
UDC: 342.4
Section: Конституционное, муниципальное и административное право
Authors: Darya Sergeevna VASENEVA ; Valentina Georgievna SUSHENTSOVA ;
The article deals with the structure of the constitutions of the republics within the Russian Federation and it investigates common features, differences and peculiarities.
PROBLEMS OF IMPLEMENTATION OF DECISIONS OF THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION
UDC: 340.131.5
Section: Конституционное, муниципальное и административное право
Authors: Yulia Alekseevna EGOROVA ; Marina Alexandrovna MOKOSEEVA ;
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, the article gap is also considered in the determination of the legal definition as' legal position of the Constitutional
Court of the Russian Federation and its definition is offered.
TO THE QUESTION OF THE SUPREMACY OF THE CONSTITUTION OF THE RUSSIAN FEDERATION
UDC: 342.4
Section: Конституционное, муниципальное и административное право
Authors: Angelica Arkadievna MIHAJLOVA ; Anatoly Vasilievich VISSAROV ;
In this article the author discusses various approaches to the definition of the rule of the Constitution of the Russian
Federation. The constitutional provisions are analyzed and the main approaches of contemporary legal doctrine are
summarized in the field of constitutionalism on the nature of the rule of the Basic law of the state.
Based on the analysis of major scientific approaches the notion of the supremacy of the Constitution of the Russian
Federation is formulated
LEGAL POSITIONS OF THE RUSSIAN FEDERATION’S CONSTITUTIONAL COURT ON SOME ISSUES OF FEDERATIVE STRUCTURE
UDC: 340.131.5
Section: Конституционное, муниципальное и административное право
Authors: Aleksandra Sergeevna CHUBYNINA ; Oleg Alekseevich SIDOROV ;
The article is devoted to the problem of protection of the federal relations by the Constitutional Court of the Russian
Federation. The author examines certain legal positions of the Court and evaluates them. Some shortcomings are
pointed out in the Constitutional Court activity, relating to substitution of legal decisions by political ones, interpretations
of some constitutional regulations, and execution of its decisions.
ISSUES OF QUALIFICATION OF THEFT WITH THE USE OF BANK CARDS
UDC: 343.71
Section: Уголовное право и процесс
Authors: Larisa Vyacheslavovna GORBUNOVA ;
The present article is devotedto the problems of qualification of theft of Bank cards for the subsequent collection of
cash. This issue is relevant according to appearing practice in investigative bodies and the courts with problems of ac-
countability for theft of Bank cards in cases when the person has not taken the subsequent action to withdrawal.
CRIMINAL LIABILITY FOR HIGH TREASON AND ESPIONAGE IN CRIMINAL LAW OF AUSTRIA AND LIECHTENSTEIN (PART 1)
UDC: 343.321
Section: Уголовное право и процесс
Authors: Aleksandr Anatolievich TREFILOV ;
In this article on the basis of normative and doctrinal sources the author considers features of high treason and es-
pionage in Criminal law of Austria and Liechtenstein. Key features are identified which are characteristics for the respec-
tive criminal legal institutions of Austria and Liechtenstein. Current official statistics was also given. A comparison was
made with the Russian legislation, where it was necessary.
ON THE CONCEPT OF «SUSPECT» IN THE RUSSIAN CRIMINAL PROCEDURE
UDC: 343.13
Section: Уголовное право и процесс
Authors: Svetlana Anatolevna YAKOVLEVA ; Аlina Ildarovna VINOGRADOVA ;
The authors propose to supplement the legal grounds for the emergence of procedural status of a suspect under
Part 1, Art. 46 of the Criminal Procedural Code by the imposition of the protocol of the actual arrest and registration
of the protocol of investigative or procedural actions affecting the rights and freedoms of a person.
PROBLEM OF PASSING PUNISHMENT TO MINORS: CRIMINALLY-LEGAL ASPECTS
UDC: 343.85
Section: Уголовное право и процесс
Authors: Polina Aleksandrovna ORAZAEVA ; Farit Vadutovich GABDRAHMANOV ;
This article addresses the maintenance of the rights and freedom of minors, as well as features of the modern
legislation in the Russian Federation about a criminal liability and punishment of minors.
FEATURES OF RESPONSIBILITY FOR CRIMES WITH TWO FORMS OF GUILT IN CRIMINAL LAW OF RUSSIA
UDC: 343.2
Section: Уголовное право и процесс
Authors: Alexey Petrovich YATSYNA ; Farit Vadutovich GABDRAHMANOV ;
The article is devoted to the peculiarities of the responsibility for crimes committed with a double form of guilt. It
reveals the specifics of these crimes, gives the comparative analysis of intentional and negligent offenses and examines
the validity of the introduction of the article on criminal liability for crimes committed with two forms of guilt.
It is concluded that the consolidation of the Criminal Code of the Russian Federation and responsibility for a crime
with a double form of guilt allow to take into account a combination of intellectual and volitional elements forming the
kinds of intention and negligence, and thus these individualize punishment.
PUBLIC LEGAL EDUCATION AS A SUBJECT OF DISPUTES ARISING OUT OF CIVIL RELATIONS
UDC: 347.91
Section: Гражданское право и процесс
Authors: Andrey Fedorivich BACULIN ; Anastasia Valerievna KAMAEVA ;
Only the Russian Federation, subjects of the Russian Federation, municipalities, but not by their authority and con-
trol, are recognized as independent subjects of civil law. However, they are not endowed with legal personality. The arti-
cle analyzes the substantive and procedural status of public legal entities involved on their behalf in the contract and
other civil matters.
LABOUR «ANTI BENEFITS» FOR WOMEN AND PERSONS WITH FAMILY RESPONSIBILITIES
UDC: 349.24
Section: Гражданское право и процесс
Authors: Tatiana Alexandrovna IZBIENOVA ;
Article is devoted to changes of the labor legislation regarding regulation of work of women and persons with family
duties, and also to the analysis of the actual jurisprudence which is formed after adoption of the Resolution of Plenum
of the Supreme Court of the Russian Federation from 01.01.28.2014 № 1.
TO A QUESTION ON THE TERMINATION OF TITLE OF LAND
UDC: 347.235
Section: Гражданское право и процесс
Authors: Zarina Kamilevna KONDRATENKO ; Ilya Borisovich KONDRATENKO ; Nail Salimovich MUSTAKIMOV ;
In this article the authors examine current problems in legal regulation of the termination of ownership of land. The
authors raised issues related to the understanding of the termination of ownership, classification of the termination of
property rights on land bases. The judicial practice is analyzed in cases of withdrawal of land plots for state and munici-
pal needs
DEVELOPMENT OF THE INSTITUTION OF CESSION IN THE RUSSIAN CIVIL LAW
UDC: 347.2/3
Section: Гражданское право и процесс
Authors: Аnna Vyacheslavovna KUZMINA ; Anna Evgenyevna IVANOVA ;
In the article the author describes the establishment of the institution of assignment of a claim in the Russian Fed-
eration and its development at the present stage. The article reveals continuity of the legal system while considering
current developments of the cession
PROPERTY RIGHTS TO LAND: THE CONCEPT AND FORMS
UDC: 349.412
Section: Гражданское право и процесс
Authors: Nail Salimovich MUSTAKIMOV ; Еkaterina Aleksandrovna POPRUKHINA ;
In this article definition of property is given, the need of ownership is considered, generalized definition of land own-
ership is given and it is noted that due to the unique properties of the land and its special public importance of legal reg-
ulation of property relations to land and land differ very much as compared to other types of property. More general def-
initions of subjective and objective land ownership are given. The authors reveal what is the feature of the limits of the
powers when an object property is land, they give a definition of property rights to land, taking into account the legal
regulations, prohibitions and restrictions mentioned in article. The authors examine the various forms of land ownership:
state, municipal and private, they reveal the contents of the "other forms of property" on the land in terms of modern leg-
islation
THE MAIN LEGAL ISSUES OF GENDER REASSIGNMENT IN THE RUSSIAN FEDERATION
UDC: 347.18
Section: Гражданское право и процесс
Authors: Zarina Kamilevna KONDRATENKO ; Alexey Alexandrovich PETROV ;
The main legal issues of gender reassignment in the Russian Federation are covered upon in the article. Comparative legal research of the Russian law and the norms of foreign countries on this issue are introduced in the article. The absence of provisions on terms, conditions and procedures on gender reassignment surgery have been revealed. The legal status of persons exposed to the operation has been defined. The concept of “transsexualism” has been examined by the author as well as the stages of gender reassignment process, medical and legal aspects. Transgender persons’ most appropriate mechanisms to recognize gender identity have been described.
PROBLEMS OF PROTECTION OF COMPETITION IN RUSSIA
UDC: 346.546
Section: Студенческая трибуна
Authors: Yuliya Sergeevna VERZUN ;
Support for the competition is one of the fundamental principles of the constitutional system. This support is provid-
ed through the protection and development of competition. In the article the features and problems of development of
competition, regulatory and legal protection are discussed. Some ways to improve such protection are proposed
ON THE SYSTEM OF LEGAL ACTS IN FORCE IN THE HEALTH SECTOR
UDC: 61
Section: Студенческая трибуна
Authors: Alexey Nikolaevich Kamshilov ;
In the article the concept of «citizens' right to health care» is examined as a complex legal phenomenon, by the system of normative legal acts is described which acts in the field of public health, it is made the conclusion about the need to reform and codification
ACTUAL ISSUES OF LEGAL REGULATION AND ORGANISATION OF ACTIVITY OF OMBUDSMAN FOR CHILDREN IN THE SUBJECTS OF THE RUSSIAN FEDERATION
UDC: 342.72/73
Section: Студенческая трибуна
Authors: Nadezda Nikolaevna LUKYANOVA ;
The article is devoted to the problems of improvement of the legislation of the Russian Federation, which regulates the legal status of the Ombudsman for Children in subjects of the Russian Federation. The power of the Ombudsman’s authorities is analysed of in different subjects of the Russian Federation. The necessity of the passing law is explained which regulates the legal status of the Ombudsman for Children in the subjects of the Russian Federation at the Federal level.
LAGISLATIVE GAPS AND WAYS OF THEIR ELIMINATION
UDC: 340.131.5
Section: Студенческая трибуна
Authors: Galina Nikolaevna SKVORTSOVA ;
In the article legislative gap is analyzed. In the article decision of Russian Federation’ Constitutional Court is also considered as a way of elimination of the legislative gap
EFFECT OF ANTI-CORRUPTION EXPERTISE ON THE QUALITY OF LAWS AND OTHER NORMATIVE LEGAL ACTS AND THEIR PROJECTS
UDC: 340.130.4
Section: Студенческая трибуна
Authors: Denis Aleksandrovich CHEREZOV ;
In the article the possible options to improve the quality of laws and other normative legal acts and their projects are offered.