VESTNIK 2(17) 2016
- Title:
- VESTNIK 2(17) 2016
- Number:
- 17
- Year:
- 2016
- Date publication on the site:
- 2017-01-18 11:44:13
- Full journal in PDF:
-
Content all 29
SOVIET POLICE UNDER UKRAINIZATION IN THE 1920s (ON MATERIALS OF THE MARI ASSR)
UDC: 351.74
Section: Теория и история государства и права
Authors: Vitalii Alekseevich Ivanov ;
In the article on the basis of systematization of a large array of multidimensional historical and legal material place and role of the so-called indigenization policy were disclosed which were pursued by the Party and government in order to improve inter-ethnic relations in the country in the 20s of the last century. The participation of the the police was shown, which willingly and unwittingly take place in the process of its implementation. In the work in line with the new historiographical traditions the previous evaluation, process and outcomes of this work were revised critically.
POLITICAL AND LEGAL VIEWS OF THE RUSSIAN THINKERS ON MILITARY PUNISHMENTS DURING THE FIRST WORLD WAR AND THE REVOLUTIONARY UPHEAVALS OF 1917 The article examines the views of Russian thinkers to strengthen the role of the Institute of military punishment
UDC: 340
Section: Теория и история государства и права
Authors: O.A. Egoshin;
The article examines the views of Russian thinkers to strengthen the role of the Institute of military punishment in law during the First World War and during the February revolution. It is noted that many of their rational proposals about the punishment were not considered and were not used at that time by the legislator and the War Ministry.
AUTHORIZED UNDER THE PRESIDENT OF THE RUSSIAN FEDERATION ON THE PROTECTION OF ENTREPRENEURS: SOME ASPECTS OF THE LEGAL STATUS
UDC: 342.5
Section: Теория и история государства и права
Authors: Valentina V. KAZAKOVA ;
Article is devoted to research of institute of the Comissioner for the President of the Russian Federation on protection of the rights of businessmen. Basics of his legal status are covered; the place in the mechanism of government is defined. The attention to the intrinsic characteristic of powers of the business ombudsman is paid. Expediency of strengthening of legal responsibility for hindrance of his lawful activity is proved.
ON THE ROLE OF THE PUBLIC COUNCIL OF MUNICIPALITIES THE PUBLIC OVERSIGHT
UDC: 352.075.1
Section: Конституционное, муниципальное и административное право
Authors: Tatiana N. MIKHEEVA ; Евгений Васильевич Маслов ;
Implementation of social control in municipalities should be one of the most effective directions of society’s interaction with the local authorities. The article deals with public chambers (councils) as instruments of such control.
MINISTRY OF REGIONAL DEVELOPMENT IN MODERN RUSSIA: SOME ASPECTS OF THE LEGAL STATUS
UDC: 342.51
Section: Конституционное, муниципальное и административное право
Authors: Konstantin V CHERKASOV ;
Article is devoted to the research of legal status of the Ministry of the Russian Federation on development of the Far East, the Ministry of the Russian Federation for the North Caucasus, the Ministry of affairs of Komi-Permyak Autonomous Area of Perm Krai. The main characteristics of data of bodies – structure and powers are analyzed. The attention to the available duplication of functions of government institutions in the sphere of administration of the territory of the Far East and the North Caucasus is paid; the generalizing conclusions on a research subject are formulated.
QUESTIONS OF PUBLICITY AT REALIZATION OF THE LAW-MAKING INITIATIVE OF CITIZENS
UDC: 342.55
Section: Конституционное, муниципальное и административное право
Authors: Denis S. MIKHEEV ;
In the article one of forms of participation of the population in implementation of local government Ц a law-making initiative of citizens is considered. The author claims that the key principle of its realization is publicity.
THE QUESTION OF INTERPRETATION WITHIN CONSTITUTIONS (CHARTERS) OF SUBJECTS OF THE RUSSIAN FEDERATION IN THE PRACTICE OF CONSTITUTIONAL (CHARTER) COURT
UDC: 342.5
Section: Конституционное, муниципальное и административное право
Authors: Gulnara Rushanovna HABIBULLINA ;
The article is devoted to the analysis of features of legislative regulation limits the interpretation of the constitution (statute) of subjects of the Russian Federation. It substantiates the leading role of the principles of law in setting the boundaries of such an interpretation , and their reflection in the final decisions of the constitutional ( authorized) courts.
INTERMUNICIPAL COOPERATION: CONTENT OF THE CONCEPT AND PRINCIPLES OF THE IMPLEMENTATION
UDC: 342.924
Section: Конституционное, муниципальное и административное право
Authors: Alina R YAMALEEVA ;
The article considers the content of the term «inter-municipal cooperation» and relations with the implementation of municipal formations of various forms of inter-municipal cooperation stipulated by the Federal law «On General principles of organization of local self-government in the Russian Federation».
AGREED CAPACITY OF BODIES OF STATE POWER OF SUBJECTS OF THE RUSSIAN FEDERATION AS PART OT THE CONTRACTUAL MECHANISM IN THE SUBJECTS OF RUSSIAN FEDERATION
UDC: 342.5
Section: Конституционное, муниципальное и административное право
Authors: Liliana I. BAGAUTDINOVA ;
The article is devoted to analysis of the contractual capacity of public authorities of subjects of the Russian Federation, as one of the elements of the contractual mechanism of cooperation of subjects and state authorities of the Russian Federation
MUNICIPAL AND LEGAL REGULATION OF SOCIAL CONTROL
UDC: 342.55
Section: Конституционное, муниципальное и административное право
Authors: Nikita S. VAVILOV ;
The article is devoted to special features of law regulation of social control on municipal level, basic federal legislative acts in the sphere of social control’s realization and municipal acts are analyzed in this sphere.
REGIONAL ASPECTS OF LEGAL REGULATION OF CONNECTION OF LOCAL GOVERNMENT AND PUBLIC ASSOCIATIONS
UDC: 342.55
Section: Конституционное, муниципальное и административное право
Authors: Roman V. GORNEV ;
In the article, the author considers some aspects of regional legal regulation of connection between local governments and public associations. Special attention is drawn to the positive experience of the Republic of Sakha (Yakutia), the Altai Territory, cities of federal status as Moscow and Sevastopol. As a result of studying of this problem, the author comes to some conclusions.
THE QUESTION OF CONCEPT OF THE LOCAL GOVERNMENT
UDC: 342.52
Section: Конституционное, муниципальное и административное право
Authors: Artem O. LIKHOSHVA ;
In the article different points of view are considered on the principle of independence of local self-government. These points of view give an idea of essence and content of this principle.
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 A. TREFILOV ;
МАTTERS OF LEGISLATIVE REGULATION’S LIMITS OF TRIAL
UDC: 342.56
Section: Уголовное право и процесс
Authors: Svetlana A. YAKOVLEVA ; Anna V. SHULEPOVA ;
The authors propose to abolish the legal limits of the wording of the proceedings under Art. 252 of the Code of
Criminal Procedure, in order to implement the provisions of Art. 1 of the Code of Criminal Procedure and to protect the
constitutional right from prosecution.
THE CONCEPT OF RESTORATIVE JUSTICE AS A BASIS OF JUVENILE LAW
UDC: 34.01
Section: Уголовное право и процесс
Authors: Lyubov A. SHESTAKOVA ;
This article gives a review on the philosophical concept of restorative justice, which has been determining the direction of development of the juvenile law system in Russia and foreign countries since 70s of the XX century. Author of the article sets out philosophical foundations of the concept of restorative justice and shows how it appears in the criminal legislation in the near and far countries.
ABOUT NEW POSSIBILITIES OF LEGAL PROTECTION OF COMMERCIAL NAMES
UDC: 342.77
Section: Гражданское право и процесс
Authors: Maksim A VERKHOLETOV ;
This article is devoted to the problems about the identification and determination in Civil Law’s new principles of the legal regulation’s commercial names and about rethinking principles, established by law previously. The article discusses issues about legal protection of the commercial name in a certain area, the urgency of legal protection of the commercial name, the free use and registration, the implementation of the commercial use of the commercial name
PROBLEMS OF IMPLEMENTATION OF THE RIGHT TO SURROGATE MOTHERHOOD IN INTERNATIONAL CASE LAW
UDC: 341.95
Section: Гражданское право и процесс
Authors: Inna G. GARANINA ; Liliya I. SMIRNOVA ;
The authors analyze the foreign court’s practice, which differs with great experience in the implementation of the institute of surrogate motherhood in the sphere of human rights. The article analyzes the court practice about surrogacy, which has acquired increasing importance abroad, and analyzes the cases of the European Court of Human Rights, affecting the reproductive human rights.
TERMS OF THE ACQUISITION OF OWNERSHIP OF OWNERLESS IMMOVABLE PROPERTY BY VIRTUE OF ACQUISITIVE PRESCRIPTION
UDC: 347.232
Section: Гражданское право и процесс
Authors: Zarina K. KONDRATENKO ; Ilya B. KONDRATENKO ;
The authors of the article analyze the problems of determination of the immovable as ownerless, they seperetly consider such conditions as acquisition of entities, openness, integrity, continuity of ownership, tenure.
LEGAL PROPOSITION FOR CORRELATION BETWEEN RECULTIVATION OF LANDS AND ENVIRONMENTAL RESTORATION
UDC: 349.6
Section: Гражданское право и процесс
Authors: Elena V. LUNEVA ;
In the article analysis is conducted which is devoted to legal provisions made about recultivation of lands in legal practice about that recultivation of land isn’t identic to environmental restoration. The author shows that with causing damage to the land in cases of voluntary failure to eliminate the consequences, the requirements of the obligation to carry out land reclamation and claim for damages in cash without offsetting the amount of remediation activities should be simultaneously satisfied both.
ON SHORT STORIES IN THE LEGAL REGULATION OF UNAUTHORIZED CONSTRUCTIONS
UDC: 347.232
Section: Гражданское право и процесс
Authors: Zarina K. KONDRATENKO ; Gleb Y. SHABALIN ;
The authors of the article deals with the issues related to the concept of unauthorized construction in Civil Law, the new provisions of the decision about demolishing the unauthorized construction by local authorities. The authors highlighted the conditions of such a decision. The article analyzes a modern jurisprudence on the demolition of unauthorized buildings, including the decision of the executive authorities of the Russian Federation.
PROBLEMS OF THE NOTION AND CONTENT OF THE PROPERTY RIGHTS TO LAND
UDC: 349.412
Section: Гражданское право и процесс
Authors: Nail S. MUSTAKIMOV ; Еkaterina A. POPRUKHINA ;
The article is devoted to identifying and solution of problems of conceptual aspects and content of the right to land ownership. Determination of land ownership is formulated for that purpose in the objective and subjective senses and missing in the existing legislation of definitions of "land" and "part of the land" are designed recommendations are proposed, as these terms are to be applied; problems of inaccuracy and ambiguity of interpretation of the content of the legislator of ownership and coherence of the Land and Civil Codes of the Russian Federation are considered.
ALTERNATIVE METHODS OF RESOLVING LEGAL CONFLICTS: THE PROBLEMS OF THE PRACTICAL APPLICATION
UDC: 340.1; 321.01
Section: Гражданское право и процесс
Authors: Polina S. STARYGINA ;
The article is devoted the analysis of modern technologies of conflict’s resolution. Special attention is given to the mediation procedure as an effective and promising pre-trial method of resolving legal conflicts. Examining the practical potential of this method and problems you may encounter when working with it.
SUBSIDIARITY AS A BASIC PRINCIPLE OF THE ORGANIZATION AND FUNCTIONING OF THE MODERN STATE CIVIL SERVICE AND MUNICIPAL SERVICES
UDC: 35.07
Section: Государственное и муниципальное управление
Authors: Sergey V. DERGACHEV ;
The article deals with subsidiarity as one of the basic principles of management practices. The author examines the
possibility of actualization of this principle in the course of reform and development of institutions of civil service and
municipal service.
DEVELOPMENT OF PERSONNEL POTENTIAL AS A TOOL OF IMPROVEMENT OF THE EFFICIENCY OF LOCAL SELF-GOVERNMENT
UDC: 342.55
Section: Государственное и муниципальное управление
Authors: Svetlana A. UTROSINA ;
The article focuses on the improvement of personnel management as the factor of increasing efficiency of municipal management. The necessity of the formation of a highly professional HR body of municipal service, optimize the management of its development is explained.
THE PROBLEM OF GUILT IN CRIMINAL LAW OF RUSSIA
UDC: 343.2
Section: Студенческая трибуна
Authors: Anna V. AGACHEVA ;
This article is devoted to the problem of guilt in Criminal Law of Russia, as well as features of modern legislation of the Russian Federation concerning the form of guilt which are stipulated by the criminal law.
THE CONSTITUTIONAL PROCESS IN THE RUSSIAN FEDERATION’S REPUBLICS
UDC: 342.4
Section: Студенческая трибуна
Authors: Svetlana M. AKOZINA ;
The article is devoted to characterizing the constitutional process in the republics of Russian Federation and peculiarities of its legal regulation. It reveals social relations connected with development process, adoption, and (or) making amendments and additions to the constitutitution in the Russian Federation’s republics
LEGISLATION OF BANKRUPTCY IN THE REPUBLIC OF BELARUS AND LEGESLATIVE PRACTICE
UDC: 347.736.3
Section: Студенческая трибуна
Authors: Vladislav S. ASIPKOV ;
The article deals with analyses of the legislation about economic insolvency (bankruptcy) of the Republic of Belarus and its legislative practice. The author reveals the novel of the current Law of the Republic of Belarus «About economic insolvency (bankruptcy)» in comparison with the previous legislation in this area. The author's assessment of changes and additions is given. In addition, the analysis of the norms of the Civil Code of Belarus, the Commercial Procedure Code of Belarus, the Law of the Republic of Belarus «About economic insolvency (bankruptcy)», the Decree of the President of the Republic of Belarus «About some issues of legal regulation of economic insolvency (bankruptcy)» are made for interaction and complementarity of these standards. The author makes the generalization of judicial practice in the field of economic insolvency (bankruptcy), points out the main problems of application of legislation in the field of study. In conclusion, the author values the current legislation of the Republic of Belarus in the sphere of economic insolvency (bankruptcy) and its legislative practice. The author’s position is based on the analyses of legislation and judicial decisions. The author proposes the tendencies of further development of legislation in this area.
FEATURES OF INHERITANCE OF REAL ESTATE
UDC: 347.65
Section: Студенческая трибуна
Authors: Alla G. BARINOVА ;
The article analyzes the features of the inheritance of immovable property, as well as important theoretical and practical problems associated with the peculiarities of inheritance of real estate. It is noted that the composition of the ancestral property as one of the rights can include objects of the company as a property complex used for business activities
THE HISTORY OF THE FORMATION OF THE OMBUDSMAN IN RUSSIA
UDC: 342.7
Section: Студенческая трибуна
Authors: Daria G. Kilmakova ;
The article is the history of the formation of the institute of the Human Rights Ombudsman in Russia, stages of development, the situation in the present period. The author also reflects the recommendations on perfection of the legislation concerning the activity of the Human Rights Ombudsman.