VESTNIK 1(20)/2017
- Title:
- VESTNIK 1(20)/2017
- Number:
- 20
- Year:
- 2017
- Date publication on the site:
- 2017-05-31 13:55:59
- Full journal in PDF:
-
Content all 40
ABOUT SOME PRINCIPLES OF DEVELOPMENT OF ANCIENT RUSSIA SOCIETY IN CONNECTION WITH PROBLEM OF FUNCTIONING OF NATIVE MODEL OF CIVIL SOCIETY
UDC: 316
Section: Теория и история государства и права
Authors: Rafail Gazizullovich VALIEV; Ilshat Radivovich ASHRAFZIANOV;
The article shows some principles of development of Ancient Russia society and an opportunity of its using in modern Russia. The author notes the need to take into account the historical processes taking place in our country as the fundamental factors for the formation of a model of civil society. In the course of the work, the principles that allow to improve the model of civil society functioning are highlighted.
PROBLEMS TREASURY PARTICIPATION IN THE MECHANISM OF RESPONSIBILITY OF THE STATE IN MODERN RUSSIA
UDC: 342.5
Section: Теория и история государства и права
Authors: Vitaliy Alexeevich IVANOV ; Ksenia Goderdzievna KATSIA;
In this article the author analyzes the rules of civil law of modern Russia governing the institution of State responsibility and the public authorities, conducts analysis of judiciary practice, as well as opinions of scientists on the issue of execution of judgments to prosecute subjects of power. Also, identifies the actual problems, existing in the mechanism of state responsibility, at the stage of development of the Russian legislation and proposes solutions to the major of the problems identified.
LAW REGULATION OF THE INCLUSIVE EDUCATION: INTERNATIONAL EXPERIENCE
UDC: 342.733
Section: Теория и история государства и права
Authors: Valentina Georgievna SUSHENTCOVA ; Maria Vladimirovna BURKOVA;
The article is devoted to the international normative-legal act, which fixes the rights of citizens to the realization of the right to receive education. The implementation of these legal acts is of great importance for the formation of the right to inclusive education. The author notes the need to comply with international instruments in the development of public policy in this area.
INFORMATION AND TELECOMMUNICATION TECHNOLOGIES IN MODERN EDUCATION
UDC: 34.06
Section: Теория и история государства и права
Authors: Pavel Mihailovitch CHERNYSHEV ;
In article tasks, roles of the information and telecommunication environment are given in modern education. Use of information and telecommunication technologies by teachers and students. The reasons and problems of effective use of information and telecommunication technologies in the studying environment and importance of the information resources published on the Internet for quality education are also con-sidered.
THE ROLE OF CIVIL SOCIETY IN THE FIGHT AGAINST DRUG TRAFFICKING
UDC: 340
Section: Теория и история государства и права
Authors: Vitaliy Alexeevich IVANOV ; Natalia Sеrgeevna KHLEBNIKOVА;
Abstract: In this article the author analyzes the current status and problems of legislative support and direct the implementation of anti-drug activities. Also devoted to such an important element of the effective implementation of anti-drug policy, as the interaction of civil society and the authorities.
LEGAL CULTURE IN THE SYSTEM OF CULTURE OF SOCIETY
UDC: 340
Section: Теория и история государства и права
Authors: Daria Olegovna ANDREEVA;
This article describes the system of legal culture. Legal culture as the part of the general culture conditioned by the main orientation of state's legal policy and reflects the current level of its development. Special attention is given to rulemaking and realization of rights.
SOCIAL CONTROL AS THE RATIO OF THE SUBJECTS OF THE CONSTITUTIONAL-LEGAL RELATIONS
UDC: 342.6
Section: Конституционное, муниципальное и административное право
Authors: Stanislav Aleksandrovich VASILEV;
This article deals with the essence of the social control, based on which the author comes to a conclusion about the need to adjust the existing legal and regulatory framework in terms of conceptual and categorical apparatus.
FINANCIAL MECHANISMS OF INTERACTION BETWEEN CIVIL SOCIETY AND LOCAL SELF-GOVERNMENT
UDC: 342.55
Section: Конституционное, муниципальное и административное право
Authors: Liana Ilgizovna GADELSHINA ;
The article examines special features of municipal law regulation of financial funds of interaction between civil society and local self-government, suggestions of organization and legal character which may improve the dialog between local self-government and civil society
ON THE ROLE OF THE CIVIC CHAMBER OF MARI EL REPUBLIC IN THE DEVELOPMENT OF THE CIVIL SOCIETY INSTITUTE
UDC: 342
Section: Конституционное, муниципальное и административное право
Authors: Leonid Ananevich GARANIN; Daniela Khadjimuratovna GUTSUNAEVA ;
The article is devoted to the activities of The Civic Chamber of Mari El Republic as an institution of public control in the region. There are reflected directions of its work, the attitude of citizens to the institute social control, the role of this institute in the regional socio-political relations. In the article there are identified some actual problems and also proposals for improving the work of public institutions, increasing involvement of citizens and enhancing their participation in public life of The Republic of Mari El.
PUBLIC HEARINGS AS A FORM OF SOCIAL CONTROL
UDC: 342.6
Section: Конституционное, муниципальное и административное право
Authors: Mikhail Vasilyevich DEMIDOV;
The article discusses some of the legal aspects of conducting public hearings as a form of realization of public control over institutions of public authority. The author substantiates the conclusion about the necessity of increase of efficiency of functioning of the mechanism of implementation of the outcome documents of public hearings, accountability of agencies and officials for failure to comply.
ON THE ISSUE OF THE FORMS OF INTERACTION OF LEGISLATIVE (REPRESENTATIVE) AND EXECUTIVE BODIES OF STATE POWER IN THE RUSSIAN FEDERATION (BY THE EXAMPLE OF THE REPUBLIC OF MARI EL)
UDC: 342.6
Section: Конституционное, муниципальное и административное право
Authors: Igor Gennadievich DUDKO ; Valeria Aleksandrovna MASLENNIKOVA;
The article considers the main forms of interaction between the two branches of state power – legislative (representative) and executive for the choice of the Republic of Mari El. Based on the amount of authority, analysis is conducted and gives a general description of the interaction of the legislative represented by the State Assembly of the Republic of Mari El and the executive body of state power – the Government of the Republic of Mari El. The main forms highlight the interaction of the State Assembly of the Republic of Mari El with the Head and Government of the Republic of Mari El in the framework of lawmaking and mutual control, the implementation of state regulation and in the formation of other public authorities. It is concluded that this interaction is the most important link in the system of checks and balances between the legislative and executive branches.
GENERAL PRINCIPLES OF INTERACTION OF PUBLIC AUTHORITIES OF THE REPUBLIC OF MARI EL AND LOCAL AUTHORITIES
UDC: 342.55
Section: Конституционное, муниципальное и административное право
Authors: Anatoly Vasilievich VISSAROV ; Anton Michaylovich KUDRIAVTSEV;
The article investigates the general principles of cooperation of state authorities with local authorities on the case of the Republic of Mari El.
A system of constitutional principles upon which relations between the state authorities and local self-government, defines the place of the principles of organization of local self-government in the system.
PUBLIC CONTROL AS THE SALES WARRANTY OF THE RIGHT OF CITIZENS TO LOCAL SELF-GOVERNMENT IN THE RUSSIAN FEDERATION
UDC: 342.55
Section: Конституционное, муниципальное и административное право
Authors: Alexey Roaldovich EREMIN ;
Article is devoted to the content of public control which enters a component the mechanism of realization of the right of citizens for local government. Is proved by the author that at the same time the main postulate of a possibility of implementation of public control at the level of local government is development of system of civil society.
SOME ISSUES OF INTERACTION TERRITORIAL SELF-GOVERNMENT WITH UNIVERSITIES: EXPERIENCE YOSHKAR-OLA
UDC: 342.25
Section: Конституционное, муниципальное и административное право
Authors: Sergey Evgenievich MIKHAILOV;
Local government is exercised by citizens through a referendum, elections, other forms of direct expression of will, through elected and other bodies of local self-government. The author attempts to reveal the features of citizen participation in local government through the analysis of the activities of territorial self-government in Yoshkar-Ola and the role of the higher education institutions.
MODELS OF THE DISTRIBUTION OF POWERS BETWEEN THE FEDERATION AND ITS CONSTITUENTS
UDC: 342.24
Section: Конституционное, муниципальное и административное право
Authors: Oleg Alexeevich SIDOROV; Sergey Eugenievich SHABAKOV;
The article is devoted to the principle of distribution of powers between the federation and its constituents. The author considers possible models of distribution in the various federal states. The conclusion about the necessity of modernization articles 71 and 72 of the Constitution Russian Federation and the inclusion in the text of the Constitution of the list of exceptional subjects of conducting of the Federation members.
THE REMISSION IN CRIMINAL LAW
UDC: 343.241
Section: Уголовное право и процесс
Authors: Natalia Vladimirovna IVANTSOVA ; Varvara Gennadyevna KABANOVA;
The article considers the institution of release from punishment and is caused by its role in the implementation of criminal-law prosecution. The author determines the key problems of Russian criminal law science in the field of release from punishment and the ways of their solution. The necessity of application of such measures with special prudence and care, with the result that the author comes to the conclusion that this issue requires improvement, both legislative and enforcement levels.
THE ISSUES OF JUDICIAL PRACTICE IN CRIMINAL CASES SPECIAL TYPES OF FRAUD
UDC: 343.72
Section: Уголовное право и процесс
Authors: Larisa Vyacheslavovna MONAKHOVA;
This article is devoted to the analysis of judicial practice on criminal cases about the crimes specified in articles 159–159.6 Criminal code of the Russian Federation. This issue is relevant to emerging in the practice of investigative bodies and the courts with questions of qualification of special types of fraud, introduced by Federal law of November 29, 2012 № 207-FL.
THE QUESTIONS OF QUALIFICATION OF THE PROPERTY CRIMES COMMITTED BY FRAUD OR BREACH OF TRUST
UDC: 343.7
Section: Уголовное право и процесс
Authors: Natalia Vladimirovna IVANTSOVA; Eugenia Vyacheslavovna PRIGUNOVA;
The article contains coparative analisys and regards the issues of distinction between fraud and breach of trust when crimes under articles 159 and 165 of the Criminal Code of the Russian Federation are committed. The article also consideres some problems occurring in qualification of such crimes. Authors research the criminal law of foreign countries and its ways of determination of the property crimes nature. Based on the hereby research the conclusions about the flaws of the criminal law articles establishing the respomsibility for the property crimes and damage commited by fraud or breach of trust are made. The article also contains legal practice.
DRUG TRAFFICKING AND THE FIGHT AGAINST IT
UDC: 343.57
Section: Уголовное право и процесс
Authors: Natalia Vladimirovna IVANTSOVA; Zarina Garifullova HISMATOVA;
The article examines the problems of drug addiction in modern Russia, in particular, the state of the drug market, the level of drug-related crime, determines the domestic legal methods of combating drugs, the mechanisms of legal interaction of countries in countering drug trafficking, examined the experience of the foreign and domestic state in the field of prevention addiction population, proposed changes in legislation and methods of struggle against drug trafficking, which can reduce the drugs Afik, recommended measures that could reduce anti-social phenomenon.
BASIC FORMS OF INTERACTION BETWEEN NATO AND RUSSIAN FEDERATIONIN MODERN
UDC: 341.232.1
Section: Гражданское право и процесс
Authors: Ральф ALLEWELDT; Inna Gennad'evna GARANINA;
The authors analyze the international cooperation of NATO and Russia in the field against international terrorism. The authors analyze modern situation and prospects of development of cooperation between NATO and Russia in the current political environment.
PROBLEMS OF INHERITANCE OF THE LAND PLOTS
UDC: 347.65/.68
Section: Гражданское право и процесс
Authors: Maksim Anatol'evich VERKHOLETOV; Alla Germanovna BARINOVА ;
Article is devoted to problems of inheritance of the land plots in civil law of Russia. Importance of interaction of the hereditary and land right is emphasized. The significance of problems of inheritance of the earth as object of civil circulation is marked.
TO THE QUESTION OF STATE-LEGAL REGULATION OF CONSUMER PROTECTIONAT PER-FORMANCE OF WORKS AND RENDERING OF SERVICES
UDC: 347.4
Section: Гражданское право и процесс
Authors: Oleg Ananiyovich EGOSHIN; Marat Insuranec GAISIN ;
The article is devoted to the state-legal regulation of protection of the rights of consumers at performance of works and provision of services. It explores the basic concepts in the field of consumer protection, the author analyzes the normative legal acts regulating these social relations.
ISSUES OF IMPLEMENTATION OF HUMAN SOMATIC RIGHTS IN SOCIAL AND DEMOGRAPHIC POLICY
UDC: 340.115.5
Section: Гражданское право и процесс
Authors: Inna Gennad'evna GARANINA; Bojidara ISKREVA (KRIVARIDEVA) ;
In the given article authors consider a question of the correlation between realization of the social policy, demographic policy and somatic (reproductive) human rights. Authors analyse divercity in the demographic and social policy of the government and the influence of the social policy on the birth rate which is an element of the human rights realization.
TO A QUESTION OF TRANSLATION AND PUBLICATION OF THE ECHR ACTS IN RUSSIA
UDC: 347.9
Section: Гражданское право и процесс
Authors: Irina Victorovna VORONTSOVA ; Dmitri Sergeevich POLUSHIN;
In the article author studies the problem of the absence of the official Russian translation for the ECHR acts. Author reviews the historyof that question, including the project of the law and the opinions of the various scientists and also suggests a possible solution for it, which involves the duties of the representative of the Russian Federation at the European Court of Human Rights.
PROBLEM ISSUES OF REGULATION OF MORTGAGE EXCLUSIVE RIGHTS TO RESULTS OF IN-TELLECTUAL ACTIVITY OR MEANS OF INDIVIDUALIZATION
UDC: 347.272
Section: Гражданское право и процесс
Authors: Inna Gennad'evna GARANINA; Dariya Alexandrovna LOGINOVA ;
The article analyzes the problematic issues of regulation of inherent of the exclusive rights by the example of the software. The article’s authors analyze issues of warning of «piracy» in the field of exclusive rights.
TO A QUESTION OF THE EXECUTION OF EUROPEAN COURT`S OF HUMAN RIGHTS JUDGMENTS IN CIVIL PROCEEDINGS
UDC: 347.9
Section: Гражданское право и процесс
Authors: Irina Victorovna VORONTSOVA; Nikolay Valerievich SAPOZHNIKOV;
The article is devoted to issues related to the human rights performance of the European Court's judgments in civil proceedings. The same attention is paid to changes in the Federal Constitutional Law «On the Constitutional Court of the Russian Federation» dated 14 December 2015 and emerging in connection with the enforcement practice.
MAIN TENDENCIES OF DEVELOPMENT OF INSTITUTE OF PERSONAL INSURANCE AND LIABILITY INSURANCE IN TOURIST INDUSTRY (on the example of the Russian Federation)
UDC: 34.096
Section: Гражданское право и процесс
Authors: Inna Gennad'evna GARANINA ; Aleksander Vladimirovich SALENKO ; Alfiya Renatovna KHAIROULLINA;
The article analyzes issues arising from the insurance of citizens – tourists. The authors provide examples of the practice of travel agencies and give them a legal assessment.
ESSENCE OF ANTI-COMPETITIVE AGREEMENTS AND CONCERTED PRACTICES OF A BUSINESS ENTITY TO RESTRICT COMPETITION
UDC: 347.73
Section: Гражданское право и процесс
Authors: Anastasia Valer'evna KAMAEVA ; Ksenia Anatol'evna NOVOSYOLOVA;
The article is devoted to actual and complicated problem that has arisen in the competition law, which is expressed in violation of antitrust laws by entering into business entities of anti-competitive agreements and concerted practices committed by them to obtain benefits and unfair excess profits for a business. Analysis of the legal regulation is subject to the conclusion of anti-competitive agreements and concerted action by the commission as well as judicial practice of dispute resolution in cases of annulment of decisions of the antimonopoly authorities. The conclusion about the nature and purpose of the subjects at the conclusion of such agreements.
PROBLEMS OF JUDICIAL PRACTICE IN DEALING WITH CASES INVOLVING CIVIL TURNOVER OF UNFINISHED CONSTRUCTION OBJECTS
UDC: 347.4
Section: Гражданское право и процесс
Authors: Zarina Kamilevna KONDRATENKO; Ramil Rafkatovich GALIULLIN;
The authors analyze the judicial practice under contracts for the sale of unfinished construction objects, investment contracts, construction contracts. The article examines the issues of state registration of rights to the objects of unfinished construction, the rights of the customer and the contractor for the construction site, and others. The authors come to conclusions about the need to unify and improve judicial practice.
REMOTE EMPLOYMENT RELATIONSHIPS AS FORM OF ATYPICAL LABOUR EMPLOYMENT
UDC: 349.2
Section: Гражданское право и процесс
Authors: Tatiana Alexandrovna IZBIENOVA; Anna Olegovna CHUPRAKOVA;
Article is devoted to consideration of atypical forms of employment relationships. The author allocates such form of atypical employment relationships as remote work. The author researches features, benefits and shortcomings of remote employment relationships. By results of work the author draws certain theoretical and practical conclusions
THE HISTORICAL AND LEGAL ASPECTS OF THE INSTITUTION OF PRIVATE PROPERTY OF THE LAND
UDC: 349.4
Section: Гражданское право и процесс
Authors: Nail Salimovich MSTAKIMOV; Mariya Vladimirovna MOSKVICHEVA;
In the article the author describes the establishment and emergence of the institution of private property in the Russian Federation and its development at the all history stage. The article reveals continuity of the legal system while considering.
SOME PROBLEMS OF THE ESTABLISHMENT OF ORIGIN OF CHILDREN IN THE RUSSIAN FEDERATION LEGISLATION
UDC: 347.6
Section: Гражданское право и процесс
Authors: Eugeny Petrovich BURDO; Kseniya Anatoljevna KORCHEMKINA;
The article analyzes the Russian and foreign legislation, which address the problem, the establishment of origin of the child by a surrogate mother, and the establishment of parental rights in respect of children born as a result of assisted reproductive technologies, actual problems of legal regulation of assisted reproductive technologies. Also, the analysis of the norms of the Federal Law of November 21, 2011 № 323-FZ «On the basis of public health protection in the Russian Federation», regulating assisted reproduction techniques. Recommendations for improvement of the Russian legislation. Therefore, adoption of specialized laws on reproductive activity, not only from the medical point of view, namely with legal is necessary or it's necessary to add the Family code of the Russian Federation with the certain, additional head who concerns substitute motherhood and reproductive technologies.
TO THE QUESTION ON THE PRINCIPLE OF SECRET OF MEETING OF JUDGES
UDC: 347.9
Section: Гражданское право и процесс
Authors: Irina Victorovna VORONTSOVA; Galina Aleksandrovna SUSHKOVA;
In article various sights at institute of secret of meeting of judges in civil process are considered. Despite of existence of the different points of view, a principle of secret of meeting of judges is the important condition of acceptance of the lawful and proved decision on case.
ABOUT SOME LEGAL COLLISIONS IN HUMAN RESOURCE MANAGEMENT OF THE DEVICE OF THE MAGISTRATE
UDC: 347.97/.99
Section: Государственное и муниципальное управление
Authors: Sergey Valentinovich DERGACHEV ;
In article separate contradictions in the current legislation in relation to participation of the magistrate in human resource management of the device given it for ensuring functions of justice are analyzed. Also, ways of permission of the specified contradictions are offered.
THE GUARANTEE FOR CIVIL SERVANTS-THE PROHIBITION OF DISMISSAL OF PREGNANT WOMEN UNDERGOING THE CIVIL SERVISE, ON THE INITIATIVE OF THE REPRESENTATIVE OF THE EMPLOYER.
UDC: 349.2
Section: Государственное и муниципальное управление
Authors: Tatiana Alexandrovna IZBIENOVA ; Nadezhda Nikolayevna PERESTORONINA;
The article is devoted to the established Order of December 6, 2012 № 31-P adopted by the Constitutional Court, the guarantee for civil servants – the prohibition of dismissal of pregnant women undergoing the civil service, on the initiative of the representative of the employer, even if a disciplinary offense.
THE INTERACTION BETWEEN THE LEGISLATIVE BODY OF A CONSTITUENT ENTITY OF THE RUSSIAN FEDERATION WITH REPRESENTATIVE BODIES OF MUNICIPAL FORMATIONS (BY THE EXAMPLE OF MARI EL REPUBLIC)
UDC: 342.5
Section: Студенческая трибуна
Authors: Yuliy Andreevna BATUKHTINA;
In the article the author highlights the forms of interaction of bodies of state power of subjects of the Russian Federation and bodies of local self-government. It is highlighted the features of interaction of the State Assembly of the Mari El Republic with representative bodies of municipal formations. The author substantiates the need for a Federal law that regulates the concept and content of the forms of interaction of bodies of state power of a Russian Federation subject and local self-government.
CREDENTIALS OF THE LOCAL SELF-GOVERNMENT BODYES IN THE BEAUTYFICATION
UDC: 342.55
Section: Студенческая трибуна
Authors: Eugeny Andreevich SHVETSOV;
In article based on the analysis of theoretical bases of functioning of local government to draw conclusions on the need to strengthen individual legal positions in the sphere of improvement of the municipalities.
HISTORY OF THE ORIGIN AND DEVELOPMENT OF INQUIRY IN CRIMINAL PROCEEDINGS OF PRE-REVOLUTIONARY RUSSIA
UDC: 343.1
Section: Студенческая трибуна
Authors: Irina Alexandrovna STEPANOVA;
The author considers the historical aspects of the emergence and development of inquiry into the pre-revolutionary period of Russian statehood. Enquiry into the pre-revolutionary period in relation to the preliminary investigation to play a supportive and subordinate role in the administrative authorities, in contrast to the preliminary investigation carried out by the examining magistrate is the judiciary. Against the backdrop of historical generalizations made by the author concluded that in pre-revolutionary legislation the term «inquiry» invested another, different from the current understanding of the meaning.
ACTUAL ISSUES OF DELIMITATION OF THE COMPETENCE OF CHILDREN'S OMBUDSMAN THE RUSSIAN FEDERATION
UDC: 342.5
Section: Студенческая трибуна
Authors: Nadezda Nikolaevna LUKYANOVA;
The article provides an overview of the powers of the Children's Commissioner (или Ombudsman) on federal and regional levels. Particular attention is paid to the authorities, which are not enshrined in the law. The author substantiates the necessity to define the competence of the federal and regional commissioners for children's rights in the legislation clearly.
PROBLEMS OF ASSIGNMENT IN A JUDICIAL PRACTICE
UDC: 347.41
Section: Студенческая трибуна
Authors: Anna Evgenievna IVANOVA;
In the article examples of controversial issues about assignment from preliminary agreement, about lender liability to the debtor and the volume of the assignment rights are analyzed. The author gives an assessment of judicial positions and opinions of civilians.