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предыдущий номер 2019'2(20)
2019'4(22) следующий номер

№ 2019'3(21)

2019'3(21)


Contents Pages

    CONTENTS


    CONTENTS PAGES

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  • LEGAL AND MORAL CRITERIA OF POLITICAL DECISION IN THE INTERNATIONAL ARMED CONFLICT IN THE TRANSNISTRIA AND DONBASSE
    Author: Baburin S.N.
    Description:  The problem of peacekeeping capabilities in armed conflicts in the post-Soviet space, the main causes of conflicts, the role of morality and psychology, national identity, cultural-historical, religious and socio-economic features of the regions of instability. Using historical, comparative, formal-legal and other methods of research, the author attempts to identify the legal criteria for peaceful conflict resolution, highlighting the political and legal situation conflicts between Moldova and Transnistria, between Ukraine and the Donbass republics. The conclusion considers the recognition of States that have arisen in conflict zones as the most effective way of political and legal resolution of existing problems.
    Keywords:  recognition of states, human rights, national identity, international law, morality, constitutional guarantees, armed conflict, political solution
    7-15
    SCIENTIFIC AND LEGAL ASSESSMENT OF VARIOUS APPROACHES TO THE CONFEDERATION DEVICE UNDER EAEU DEVELOPMENT CONDITIONS
    Author: Azanov B. K.
    Description:  This article is the author’s material in a series of scientific publications devoted to the study and analysis of the legal nature of the supra-state and federal entities within the framework of further research and improvement of the mechanism of international legal and economic development of the EAEU aimed at developing recommendations for improving the legal foundations of the Union. The first major part of the scientific works was published and tested and implemented in the period from 2011 to 2018. In this intermediate scientific work, the scientific worker B.K. Azanov, considers a certain role and significance of the category “Confederation”. Conducts an original analysis of the approaches and opinions of scientists. In the course of the investigation, we come to the conclusion that there is no common opinion and common views on the understanding of the essence and the legal phenomenon of the Confederation. This scientific article, expands existing concepts, different positions and special approaches to the subject of discussion. The author consolidates the data, arguing all this with relevant conclusions, and a detailed study of the question.
    Keywords:  deepening the processes of integration, Eurasian economic union, Legal personality of the EAEU, confederate entities, Confederate state system, Union state, confederation as a subject of international law, Union state of Russia and Belarus
    16-25
    MUNICIPAL FORMATION IN THE SISTEM OF PUBLIC AND PRIVATE LEGAL RELATIONS
    Author: Dorokhov N.I.
    Description:  The article considers the status of the municipality as a subject of public and private law relations; its content and development prospects are determined in the context of the new socio-economic policy and reforming the state and municipal government system.
    Keywords:  state and municipal government, subject of legal relations, municipality, socio-economic sphere, local issues, administrative regulation
    26-37
    SACTUAL ASPECTS OF IMPROVEMENT OF THE ORDER OF ATTRACTING CITIZENS TO ADMINISTRATIVE RESPONSIBILITY IN RUSSIA
    Author: Sobol T.S. / Gorbushina V.A.
    Description:  Currently, Russia is at a new stage in its historical development, in which, due to a shortage of funds in the budget, it is forced to replenish it due to administrative fines. The “Penal Economy” appeared in Russia, which during the years of crisis and numerous sanctions brought 4 times more money in comparison with taxes. This article explores the issue of the need to improve the system of penalties in order to further replenish the state budget. In this case, the main task is a comprehensive study, the adoption of a system of measures to improve the replenishment of the Russian budget through fines. Currently, administrative law is developing, changes are constantly being made aimed at improving the system of collecting penalties. There are a lot of decisions on imposing penalties, but, unfortunately, not all of them are paid. Therefore, it is necessary to introduce amendments to the administrative legislation and the legislation on enforcement proceedings that will be aimed at improving the procedure for recovering administrative fines.
    Keywords:  administrative fine, budget system, punishment, enforcement, administrative responsibility, improvement of the system, state budget, penalties
    38-42
    ON THE QUESTION OF THE EMERGENCE OF THE SCIENCE OF ADMINISTRATIVE LAW IN RUSSIA
    Author: Ordina O.N.
    Description:  Among the many issues relating to modern Russian administrative law, the question of its sources is important, because depending on how the issue is resolved, that is, what legally significant forms are recognized as the content and nature of the law industry itself depend. Administrative law has its own relatively independent system of sources of law. But the science of administrative law has not yet analyzed this phenomenon, has not developed a clear conceptual apparatus regarding this category, there is no uniformity in understanding and application of basic scientific terms. The article examines the emergence of the science of administrative law in Russia at the beginning of the nineteenth century, studying the positions of scientists involved in the dogmatic development of Russian administrative law at the turn of the nineteenth and 19th centuries. the evolution of the concept of internal governance is being explored. The article contains an analysis of the sources of administrative law at the turn of the 19th and 19th century: laws, decrees, customs, judicial and administrative practices.
    Keywords:  public administration, regulatory law, sources of law, administrative law, rule of law, law, bylaw
    43-48

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  • THE QUESTIONS OF GOOD FAITH IN THE DYNAMICS OF EASEMENTS
    Author: Ananiev A.G.
    Description:  The article discusses the category of good faith in the context of the exercise of civil rights to property belonging to another person. The current legislation enshrined the principle of good faith in relation to all civil law institutions. An analysis of modern legislation allows us to conclude that today there are no clear and uniform approaches to understanding and disclosing the good faith of both a general and holistic category, and within individual civil law institutions. Based on the methods of analysis and comparison, an attempt was made to trace the implementation of this principle in the dynamics of the right of limited use of someone else’s real estate (easement). The article states the shortcomings that exist in the rules governing the relevant relations. Taking into account the analysis of theoretical and law enforcement material, the author made some conclusions on this issue. The author concludes that it is impossible to formulate a common understanding of good faith in easement law, since it is made dependent on the dynamics of the corresponding relationship. The results of the study can be applied in the law enforcement process in the regulation of relations in the field of easement relations.
    Keywords:  good faith, title ownership, easement, land plot, real estate, property rights, estoppel
    49-55
    PUBLIC PROCUREMENT: APPLIED MEASURES OF ADMINISTRATIVE LIABILITY
    Author: Sergeeva N. V. / Khramtsova V. E.
    Description:  The article considers the development of public procurement to achieve its high openness and transparency. The study purpose is to assess the effectiveness of legal penalties in the public procurement. The study purpose was realized by analyzing data on major violations of public procurement. This ensured the attainment goal. Data analysis showed the ineffectiveness of penalties (administrative liability) in Public Procurement. The authors suppose that the further development of public procurement will be focused on toughening the measures of administrative liability of procurement participants for corruption.
    Keywords:  government procurement, system of public procurement, monitor of a public procurement, violation of Public Procurement, administrative liability, register of unfair suppliers (suppliers blacklist)
    56-62
    COMPENSATION AS A WAY TO PROTECT EXCLUSIVE RIGHTS TO TECHNICAL SOLUTIONS
    Author: Mikaiilova Yu.A.
    Description:  The article describes the peculiarities of applicable intellectual property law. The existing judicial practice, applies by the judicial authorities when considering cases and determining the amount of compensation claimed in case of violation of exclusive rights to technical solutions, concerning illegal use of technological solutions, patent infringement has been analyzed. Approaches to determining the nature of the institution of compensation for violation of exclusive rights have been considered.
    Keywords:  intellectual property, patent holder, violation of exclusive rights, compensation, exclusive rights protection, material losses, nature of compensation
    63-69
    PECULIARITIES OF FAMILY LAW REGULATION IN ROMAN PRIVATE LAW
    Author: Romanova I.N. / Mikhaylova I.A.
    Description:  In the framework of this article, the specificity of the legislative regulation of family relations in the private law of ancient Rome is examined in general. The authors notes that for quite a long time the family retained its exclusivity and its inherent closeness, and only gradually the relations developing in it began to fall under civil law regulation, and the legal regulation continued to penetrate deeper and deeper into the family and personal relationships of its members.
    Keywords:  marriage law, father’s law, custody law, consortium, agnatic family, coagnatic family
    70-73

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  • PROCEDURAL GUARANTEES OF RIGHTS OF MINORS SUSPECTED AND ACCUSED TO COMMUNICATE WITH ITS LEGAL REPRESENTATIVES
    Author: Teplyakova O. A.
    Description:  The article substantiates the need to supplement the Russian criminal procedural law with guarantees of the rights of juvenile suspects, accused and their legal representatives to communicate with each other. The important presence of the legal representative of the minor suspect, the accused has a number of rights to perform those actions, the successful implementation of which for the minor would be difficult, and in some cases impossible. An example is given that the Code of Criminal Procedure of the Republic of Moldova enshrines the right, both of the legal representative of the injured, injured, civil plaintiff, and of the legal representative of the suspect, accused, defendant, admitted to participate in criminal proceedings in this capacity, to freely and confidentially communicate with him person without limiting the number and duration of conversations. It is proposed that legal representatives should be guaranteed the ability to protect the rights and interests of represented persons - minor suspects, accused, and to ensure this possibility it is necessary to provide legal representatives with the same rights to visit a minor suspect or accused as the defense attorney.
    Keywords:  minor suspect or accused, detention, legal representatives
    74-77
    TOPICAL PROBLEMS OF CLASSIFICATION OF CRIMES ENDANGERING A PERSONS LIFE AND HEALTH
    Author: Kozlov A.V. / Dosyukova T.V.
    Description:  Crimes that endanger the life and health of a person are socially dangerous acts that create or do not eliminate the real danger of harming the life or health of another person, if the guilty person has no direct intention with regard to possible consequences in case of danger. Crimes endangering life and health are those violating the safety of given personʼs welfare the responsibility of which is regulated by art.116, 119, 120, p.1 art.122, p.1 art.123, art.125 of Criminal Code. Despite the fact that theoretical aspects of penal responsibility against life and health are considered as one of the most developed crimes in criminal law they were deprived of scrupulous attention. The lack of a single point of view regarding the definition and types of crimes that threaten human life and health leads to difficulties in qualifying these crimes and distinguishing them from other related elements.
    Keywords:  crime, criminal law, life, health, person, qualification, problem, delimitation
    78-82
    FEATURES OF USE OF VIDEO CONFERENCING IN THE CONDITIONS OF A PRE-TRIAL DETENTION CENTER
    Author: Krivosheev S.V.
    Description:  This article is devoted to the issue of videoconferencing with persons who have chosen a preventive measure in the form of detention and are in a pre-trial detention center, based on the study of the activities of these institutions in Moscow and the Moscow region. The purpose of this study is to develop measures aimed at optimizing the criminal process in relation to persons in custody.
    Keywords:  suspect, accused, convicted, video conferencing, crime, court, criminal process, remand prison
    83-87