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Moscow Juridical Journal

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No 4 (2017)
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CONSTITUTIONAL LAW; CONSTITUTIONAL LAWSUIT; MUNICIPAL LAW

52-60 162
Abstract
The article is devoted to the analysis of the concept, essence and legal nature of federal constitutional laws, their place and role in the mechanism of state and legal regulation. Federal constitutional laws are part of a single hierarchical system of legislation of the Russian Federation and are important sources of constitutional law, they are characterized by a number of specific features that distinguish them from ordinary federal laws. This article touches upon the current problems of the federal constitutional law, which are currently becoming particularly relevant due to the ambiguity of legal interpretations. In carrying out the research, the author comes to the conclusion that federal constitutional laws have a number of unique specific features, which include the following: the presence of high legal force, which actually equates this type of laws with the basic law of the state; a special procedure for adoption, different from other normative acts; the absence of the possibility of influencing the law in the procedure for its adoption by means of the right of suspensive circulation.
61-78 144
Abstract
The article considers the institute of financial oversight with the participation of state social off-budget funds and reveals its main trends. The author’s definition of the institute of financial oversight is given. The article argues that state social off-budget funds may be considered as oversight subjects as well as oversight bodies. The author sets a goal to examine special aspects in legal regulation of financial oversight of these funds as oversight subjects. Using the comparative legal analysis the author examines the Audit Chamber role in government oversight and concludes that state social off-budget funds are the subjects of external government audit. The given research elicits legal problems of using such notions as “oversight” and “audit”, as well as the confusion of “type” and “form” of financial oversight. The author proves the necessity of providing a legislative framework for financial oversight.
79-87 71
Abstract
In the article the author analyzes the national sources of legal regulation of regional institutions. It should be noted that at present the entities of the regional institute of development possess different legal status and lack common legislative basis. It is necessary to contour and improve regulatory legal acts by their systematization. The author proposes to make a law “On the bases of the regulation of regional development institutions activities” and amendments to the Decree of the Government of the Russian Federation dated 17.11.2008 No. 1662-R “On the concept of long-term socio-economic development of the Russian Federation for the period to 2020” (together with the “Concept of long-term socio-economic development of the Russian Federation for the period to 2020”) (as amended on 08.08.2009).
88-99 80
Abstract
The article deals with the legal aspects of the development of self-regulatory organizations for managing entrepreneurial activity and raising the efficiency of state control. The possibility is shown of ensuring the priority development of self-regulatory organizations, their formation as the pillars of a strong civil society on the basis of improving legislation, expanding the functions of self-regulatory organizations and state regulation of business relations. The author uses general and formal-logical methods of research in his study. It is concluded that the evolution of regulation of entrepreneurial relations in the country necessitates providing the conditions for the priority development of self-regulatory organizations.
100-107 101
Abstract
The article gives a brief, detailed description of the Russian constitutional model of the social state. The main features of social policy and socially significant spheres of life in a market economy are defined. Such an important and characteristic for the social market economy subject of social policy as business is considered. The existing problems are revealed and the tasks that should become the agenda for the next stage of Russia’s development are set. In conclusion the author proposes some measures to implement social policies for individual social groups.

THEORY AND HISTORY OF LAW AND STATE; HISTORY OF TEACHINGS ON LAW AND STATE

8-21 90
Abstract
The article considers the problem of guarantees of legality of normative legal acts of federal executive bodies in Russia and presents their classification. It is noted that when studying them, it is necessary to consider such circumstances as the development of ideas about the concept of law; legal requirements for departmental regulatory legal acts; the difference in the legal force of laws and departmental regulatory legal acts. The authors critically assess the era of socialist construction, when the laws were frequently replaced by subordinate departmental acts. Meanwhile, the authors argue that the Soviet jurisprudence contributed a lot to the development of the theory of law. It is concluded that modern approaches to modernization are changing approaches to departmental norm-setting, since the main burden on the realization of human rights rests on the normative legal acts of ministries and departments. The authors’ model of the correlation between departmental normative legal acts and other acts is presented.
22-27 297
Abstract
The article considers the features of Civil Law development in the first years of the Soviet state. Particular attention is paid to the 1922 RSFSR Civil Code whose characteristic features are revealed. It is concluded that after the enforcement of this Code the Soviet Civil Law became Public Law.
28-41 129
Abstract
The article is devoted to the analysis of the realization of the right to education in modern Russia, especially in the field of educational policy at the present stage of the development of the country. With regard to this, the characteristic of legal education and its developmental trends in the context of changes in the sphere of higher education is given. The author comes to the conclusion that, though having a strong position, legal education in Russia should change in accordance with the global trends in the development of higher education, legal science and practice.
42-51 105
Abstract
The author proposes a non-traditional innovative approach to system methodology and laws of legal regulation, which can become the basis of discussions in the theory of law. The author argues that the system of law is only a method of law organization. The Soviet legal system is a static masterpiece of legal culture that cannot be reproduced in new codes. The article reveals the contradictions of the system of modern Russian law, to which the author refers: the divergence of the established structure of law with a new organization of public relations; the dissonance between the old Soviet type of management of the legal system and new methods of law formation on the basis of synthetic regulatory regimes; the contradiction between different systems of norm-formation: law-making and law enforcement. In conclusion, the author calls to stop considering the branches and sub-sectors of law and try to find rational grounds for an objective system of law. The article contains recommendations on the development of a modern system of Rusian law.

CIVIL LAW; ENTREPRENEURIAL LAW; FAMILY LAW; INTERNATIONAL PRIVATE LAW

108-115 90
Abstract
The article deals with civil liability of the parties of the contract for the provision of paid propaganda services from the perspective of Civil Law, and not Electoral Law, which is basically applied today. The authors state that in academic and practical literature the attention is mainly focused on agitation activity of mass media consisting in the provision of air time for candidates and printing propaganda materials. As for such document as a contract for the provision of paid propaganda services, it has not been studied at all. The authors focus their attention on the issue of hidden bribery of voters through the conclusion of a fictitious contract for the provision of propaganda services. They single out the criteria for qualitative execution of propaganda: conscientiousness of the performer; professional qualities of the performer; degree of completeness and reliability of information reported to the voter; degree of accuracy in accomplishment of the customer’s task. The authors conclude that civil liability should only be applied to the dissemination of information discrediting the honor, dignity and business reputation of the candidate during the election campaign.

CRIMINAL LAW AND CRIMINOLOGY; CRIMINAL-EXECUTIVE LAW

116-130 114
Abstract
The article provides a definition for jealousy laying a particular stress on love jealousy which causes anxiety, anger, doubt in one’s own rights and prestige, even in the biological and social status. It is proved that jealousy is both a feeling and emotion. The causes of jealousy and the conditions that stimulate its emergence and development are revealed, as well as the criminal consequences of these phenomena. Particular attention is paid to pathological forms of jealousy. The author comes to the conclusion that a comprehensive assessment of the patient’s condition is required including two main aspects: the gravity of pathological ideas of jealousy and the degree of the defect.
131-138 61
Abstract
At present there is no system of resistance to organized crime suitable to its characteristics and trends, and the taken measures do not solve the key problems of information-analytical, preventive and enforcement activity of the whole system of government agencies involved in crime fighting. In the article the author argues reconsideration of the concept of organization (criminal community) and the regularities of forming structural links within its functioning. The concepts of an organized criminal group stated in the Criminal Code of the Russian Federation and the Criminal Code of Ukraine are considered and the gaps are identified regarding the punishment of those assisting a criminal organization. The author suggests introducing a new part 2.1 to Art. 210 of the Criminal Code of the Russian Federation and editing the note to Art. 210.
139-155 82
Abstract
Considering criminology as an important component of crime fighting, the state has always faced the problem of criminology self-identification either as a science, or as a kind of human activity, or as a direction of state policy. This is evidenced by a historical analysis of the main stages in the development of criminological views carried out by the authors. The article traces the features of the genesis and evolution of the most significant directions in criminology: from moral and religious, social and biological views to political ones. Thus, the views of the well-known thinkers of antiquity, medieval scholasticism, the Renaissance and the New Age, the forerunners of modern law schools, as well as the peculiarities and tendencies of the latter’s development were studied. It is stated that the problem of preventing violations was known at the dawn of social development and was considered both from religious and moral-legal positions. During the Middle Ages, in conditions of militant theology, the development of the problems of crime prevention by the Scholastics went along with the formulation of the concept of “sin”. And although this direction of research could hardly correspond to rational principles, nevertheless, it undoubtedly made its contribution to the doctrine of criminological science. This especially refers to the representatives of the late Middle Ages, who managed to overcome the dogmatism of seemingly unshakable theological criminology. In the Early modern period the development of social sciences receives a different impetus and the vector of criminological research radically changes, as a result of which the internal problems and contradictions of society occupy the central position. Later (by the middle of the nineteenth century), the humans themselves were brought to the forefront as biological beings, with their own internal problems and contradictions. Since then whatever is considered the cause of crime - socio-political turmoil or “sunspots” - the eternal question has remained: “What prevails in the offender: biological or social factors?” On the basis of the study conducted by the authors of the article it was concluded that there is no possibility of dominance in a modern society of any single direction in the investigation of the causes of offenses and it is necessary to consider criminology itself as an exceptionally complex science engaged in a comprehensive study of the nature of criminality and crime and all other phenomena and processes that can facilitate or hinder them. Criminology itself, due to its universal nature and being a complex of scientifically grounded and practically oriented ideas, is a relatively independent subsystem of the state criminal policy.
156-162 108
Abstract
The article considers the notion of economic crime in Vietnam by analyzing the development of the criminal law of Vietnam in reference to economic crimes. The notions of economic crime in the Criminal Codes of Vietnam, 1985 and 1999, are compared in this article. Based on these data, the authors issue the concept of economic crime in order to contribute to the prevention and control of economic crime.
163-168 67
Abstract
The article is concerned with current aspects of the formation of the culture code of human community, special importance of knowledge potential in achieving secure development of the personality in modern era of information technologies and conflict manifestations. The author emphasizes the role of social institutions in ensuring the sustainable and long-term development of young generations. It can be concluded that science is ready to participate in ambitious projects.
169-182 92
Abstract
Anti-corruption takes a prominent place in the system of priorities of modern social practice. In combating corruption not only the state but also public resources are mobilized, various economic, political, legal and other mechanisms and technologies are involved. Social control, along with other tools, has recently been actively integrated into the anti-corruption activities of the state and public institutions. There is a practice of its legal institutionalization both at the international and national levels. The article describes the doctrinal basis of social control, substantiates the relevance of legal issues of its use in order to combat corruption, examines international “standards” of social control and prospects for their implementation in national legal systems. The author makes a conclusion about various manifestations of social control in the conditions of a new paradigm of interaction between the state and the society, the connection of social control with human and citizen rights, the system and the limits of its application in the sphere of counteracting corruption, and proposes the criteria for the formation of a “national” model of social control.


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ISSN 2949-5091 (Print)
ISSN 2949-513X (Online)