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Archive


предыдущий номер 2019'1(19)
2019'3(21) следующий номер

№ 2019'2(20)

2019'2(20)


Contents Pages

    CONTENTS


    CONTENTS PAGES

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  • BASES OF THE CONSTITUTIONAL STRUCTURE OF THE RUSSIAN FEDERATION: THEORETICAL AND LEGAL MODEL, CONDITION AND PROBLEMS
    Author: Dorokhov N.I.
    Description:  The article discusses the theoretical and legal content of the most important institution of constitutional law – the foundations of the constitutional system, its condition and problems; a retrospective of the development of the theoretical and legal model of the foundations of the constitutional system of the Russian Federation in the period of the recent history of the Russian state is given; in assessing the foundations of the constitutional system, the political and legal aspects are highlighted, their content is disclosed; the main range of problems in the characterization of democratic, federal, social, economic, ideological and humanistic types of the foundations of the constitutional system has been identified; recommendations are made on the development of the main features of the constitutional system of the Russian Federation in the context of a dynamically changing Russian society.
    Keywords:  fundamentals of the constitutional system, democratic, legal, social, secular state, Russian federalism, civil society, separation of powers
    7-16
    THE VALUES AND INTERESTS OF THE STATE AND SOCIETY IN FEDERAL GOVERNMENT STANDARDS ON JURISPRUDENCE
    Author: Baburin S.N.
    Description:  This article is devoted to judicial training, the improvement of federal State educational standard. Unconditional necessity of educational activities are justified in the State language, the translation of the Graduate School of education structure in the structure of research training, the need for the right higher legal education in absentia as the first higher education.
    Keywords:  law, higher education, educational standards, tradition, postgraduate, master’s degree
    17-21
    CONSTITUTIONAL AND LEGAL BASIS OF NATIONAL POLICY AND NATIONAL RELATIONS IN THE RUSSIAN FEDERATION
    Author: Kamenskaya E. V.
    Description:  Discussed the current status of the legal framework regulating national relations. The paper presents normative legal acts that were adopted in the Russian state to regulate interethnic relations, acts aimed at preserving and developing the culture and languages of peoples, protection of the rights of indigenous peoples living in Russia. A separate group of legal acts consists of acts on the rehabilitation of repressed peoples. The author notes that in recent years in the Russian Federation focuses on the adoption of legal acts, regulating the monitoring of interethnic relations and prevention of interethnic conflicts. The author analyzes innovations Strategies of the state national policy of the Russian Federation. The paper specifies the legal basis for the functioning of public authorities, which are responsible for the issues of state national policy. In conclusion, the author makes conclusions and proposals to improve lawmaking and law enforcement in the field of regulation of interethnic relations.
    Keywords:  Strategy of the state national policy of the Russian Federation, ethnic relations, state regulation, state national policy framework, Constitution, ethnic question, equity, indigenous small people, ethnic conflict
    22-30
    GENERAL CHARACTERISTICS OF THE MENTALITY OF RUSSIAN SOCIETY
    Author: Yurchuk V.S.
    Description:  An important part of the Russian legal consciousness is the domestic legal mentality, which has a considerable influence on the nature of domestic law, especially its implementation. The ability to understand the specifics of the legal mentality of Russia to a large extent laid the foundations of successful lawmaking, effective activity of the subject of law. Understanding its meaning makes the work of the person who adopts legal norms more purposeful, aware of what goal he should strive for, and what is necessary for this. Ignoring the legal mentality will not allow to properly Express the aspirations of society in the legal law. But here there is a problem-what are these aspirations. It is important that they Express spiritual principles. The legal mentality, as a rule, is in the sphere of spiritual reality, derived from it. For the theory of law, a new type of mentality is important – spiritual and cultural, which expresses, as far as possible, the principles of spirituality in law, develops on the basis of universal and national culture, synthesizes moral-metaphysical and formal-legal principles, etc. Its main aspects: 1) ethical; 2) cultural; 3) philosophical; 4) psychological; 5) religious; 6) sociological; 7) ethnic. Legal mentality is characterized not only by the relevant principles, but also by axioms, which are its mental-psychological, intellectual attributes, without which it can not be spiritually and culturologically developed. They reflect the inner qualities (nature) of justice in its true meaning, are values that largely determine the spiritual state and development of justice.
    Keywords:  Russian mentality, mentality, culture, conciliarity, orthodoxy, ethnic factor of mentality, messianism, national consciousness, nihilism, idealization of mentality, legal aspect of mentality
    31-35
    PROBLEMS OF IMPROVING LEGISLATION ON EDUCATION IN MODERN RUSSIA
    Author: Soshnikova T.A.
    Description:  Some problems of the legal adjusting of higher legal education are examined in the article. The special attention an author turns on a concept vehicle, that дан in a law in force “About education in Russian Federation”, in that higher education is not named professional, that, in opinion of author, not right. On the basis of legislation about education citizen of Russia, studying in organization of higher education, a profession does not get, and “Jurisprudence” studies to direction. The problem of in absentia legal education that a citizen could get before rises in the article, but presently education on an in absentia form maybe only, if a person gets the second higher and subsequent education, whatever an author agrees with. The constitution of Russian Federation in article 43 gives to each a right to education, and the state supports the different forms of education and self-education. Limit of right on the receipt of higher legal education on an in absentia form, to according to
    Keywords:  higher legal education, law “On education in Russian Federation”, federal state educational standards to direction Jurisprudence (level of baccalaureate), (qualification (degree) is a master’s “degree”)
    36-42
    CONSTITUTIONAL BASES OF STATE HEALTH CARE MANAGEMENT IN THE RUSSIAN FEDERATION
    Author: Kochanowski I.I. / Yurchuk V.S.
    Description:  The article describes the constitutional basis for the functioning of the health care system in the Russian Federation, the legal framework for the organization of health care, as well as describes the main problems of public administration in the field of health care at the present stage. The characteristic of normative legal acts operating in the health care system is given. The tasks of the target program of development of the pharmaceutical and medical industry of the Russian Federation for the period up to 2020 are revealed. The basic principles of the national health care system existing in the Russian Federation are noted. Proposals for a unified health policy in Russia concerning modern legislation are given. It is proposed to restore and reform the vertical management, namely the redistribution of funds allocated resources. The existing number of unresolved organizational problematic aspects and certain structural imbalances are noted. The article reveals the features of the modern health care management system in the Russian Federation. The main directions of further development in the field of health care management in the Russian Federation are reflected. The most important directions of administration of work on regulation of interaction of public authorities in system of management of health care in Russia are noted.
    Keywords:  Constitution, Federal law, health care system, public administration, citizens’ rights, health standards, principles of the national health system
    43-49

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  • 25 YEARS THE CONSTITUTION OF THE RUSSIAN FEDERATION ON GUARD OF THE COMMON ECONOMIC SPACE AND COMPETITION
    Author: Pravkin S.A.
    Description:  For 25 years, the Constitution of the Russian Federation protects the common economic space of the Russian state, creating its economic sovereignty, forming a non-discriminatory economic space. In accordance with the Constitution of the Russian Federation and elements of the constitutional mechanism, legal structures aimed at protecting the participants of economic turnover, the Government of the Russian Federation is taking certain measures to implement the strategy of competition and antitrust regulation. The system of measures of this strategy is analyzed in this article in the context of the development of the General legal and constitutional model of the single economic space. Among the basic principles of constitutional regulation, the principle of Antimonopoly regulation is the basis for determining the presence of a competitive environment and the protection of economic space. This article summarizes the complex of organizational and legal measures to improve competition law and its application in the Russian Federation. The article formulates measures to implement the constitutional principle of free movement of goods, services, vehicles and support of competition.
    Keywords:  competition law, Antimonopoly service, unfair competition, Antimonopoly package, the Constitution of the Russian Federation, economic space, sovereignty
    50-54
    THE RIGHT OF A TAXPAYER TO APPEAL AGAINST ACTS OF TAX AUTHORITIES
    Author: Meteleva Yu.A.
    Description:  The article is devoted to the consideration of one of the rights of a taxpayer – the right to appeal against acts of tax authorities on bringing to responsibility. The rights of taxpayers are established by the Tax Code of the Russian Federation. The right to appeal against acts of tax authorities enables the taxpayer to protect his rights from unlawful claims of the state. Despite the fact that the position of the taxpayer is not always indisputable, the presumption of taxpayability of the taxpayer is valid in the tax law. That is, the taxpayer is considered right until the return is proved. Legislation has established a two-stage appeal procedure: first to a higher tax authority, and then to a court. As a rule, the higher tax authority supports the decision of the lower tax authority, therefore overpayers have to defend their rights in court. When considering cases in the courts, the task of the courts is both in the proper application of the law and in establishing a balance of public and private interests. In some cases, the tax authorities broadly interpret the provisions of the law, therefore, taxpayers must use all the facilities for their protection.
    Keywords:  taxpayer’s rights, appealing against acts of tax authorities, tax disputes, unjustified tax benefits, a balance of public and private interests
    55-60
    THE CIVIL NATURE OF THE CONCEPT OF “DAMAGES”
    Author: Romanova I.N.
    Description:  In the article on the basis of the analysis of the existing legal acts, reference judicial practice, as well as scientific sources, the concept of “damages”, which is one of the most important links of the civil conceptual and categorical apparatus, is considered. In the work the author focuses on the debatable nature of the concept under study, it is noted that the success of law enforcement depends largely on the correct understanding of the definitive semantic load of “losses” in the theory of civil law. Based on the evidence, it is concluded that damages are a universal measure of civil liability applicable in both contractual and non-contractual obligations.
    Keywords:  compensation of losses, property losses, material damage, real damage, lost profits
    61-63
    PUBLIC LAW ENTITY’S QUILT AS A CONDITION OF CIVIL LAW LIABILITY
    Author: Fadeev A.A.
    Description:  This article discusses the matter of a public-law entity’s quilt as a condition of bringing to the civil-law liability, and characteristics of the compensation for harm caused by the public-law entity accordingly with contractual or tortious form of the liability. The article includes issues like legal personality of public-law entity in the legal relationships, based on assignment of responsibility on state and municipal authority as a public-law entity, whose founder is a local citizens. The article describes a degree of applicability of different concepts of quilt, which imputes to subjects of law as a corporation at all, and as a public-law entity particular. The article considers distribution of quilt and responsibility between corporation and person, and application of recourse responsibility.
    Keywords:  quilt, civil-law liability, public-law entity, contractual and tortious liability, public law, liability conditions
    64-67

  •  
  • Shegalo D.D.
    Author: Shegalo D.D.
    Description:  Currently, the system of the Ministry of internal Affairs of Russia faces a global task – to improve the quality of work in all areas that are within the competence of the Ministry, to optimize the qualitative and quantitative composition of the police, to introduce modern technical and information tools into its practical activities. It is difficult to develop universal criteria for the effectiveness of the police in General, and patrol officers in particular, because their activities are very diverse. Analyzed the legal norms in the organization of the activities of combat units of the patrol service of the police and the Orders of the Ministry of internal Affairs of Russia on the monetary allowance of the police officer, the author came to the conclusion that it is necessary to make additions to the normative legal acts, which should positively affect the efficiency of employees patrulno-sentry duty of police.
    Keywords:  the Ministry of internal Affairs of Russia, police, police officers, directions of activity, protection of public order, ensuring safety of citizens, patrol service of police, monetary allowance
    68-72
    HISTORICAL ASPECTS OF DEVELOPMENT OF THE MIGRATION LEGISLATION OF RUSSIA OF THE PRESOVIET PERIOD
    Author: Sergeeva S.N.
    Description:  In modern society, migration processes have become quite common and significant phenomenon. Migration as a phenomenon historically characteristic of people also takes on new forms and character. The Institute of Migration is comprehensive and is considered in historical, demographic, social and other aspects. Given the importance of migration legislation in the implementation of the state migration policy of the Russian Federation, the problems of regulating migration relations are always in the center of attention of the state. This circumstance puts forward, among other tasks, the need for a historical and legal analysis of the processes of formation and development of migration legislation at various historical stages. The article confirms the importance of migration studies for modern society. The study examines the main aspects of the formation and development of migration legislation in Russia of the pre-Soviet period. The factors affecting the formation of the migration legislation of Russia until October 1917 are indicated. A brief description of each of the stages in the formation of the migration legislation of Russia is illustrated by the most significant legislative acts. The interdependence of migration processes and historical and political events is determined. Using the historical method made it possible to single out the stages of the development of the migration legislation of Russia of the pre-Soviet period, to trace the trends of its development and improvement until 1917.
    Keywords:  history, stages of evolution, population, migration, migration law, migration policy, migration law, regulatory legal acts, legal status, migration processes, Russian Empire, state
    73-77