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Moscow Juridical Journal

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No 3 (2017)
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CONSTITUTIONAL LAW; CONSTITUTIONAL LAWSUIT; MUNICIPAL LAW

25-33 132
Abstract
The article highlights the election campaigns for the President of the Russian Federation from 1991 to 2012. It analyzes the norms of the electoral legislation regulating the procedure and conditions for holding presidential elections in Russia since the introduction of presidency and up to the present time. The author of the article suggests reforming the electoral law to improve the procedure of electing the President of the Russian Federation, vote counting, combating electoral absenteeism in presidential elections.
34-42 68
Abstract
The article reveals some issues of the cooperation between Russia and the Council of Europe during the period from 1994 to 2017 mentioning the sanctions imposed by PACE against the parliamentary delegation of Russia. Specific proposals are made to Rules of Procedure of the Assembly and the European Social Charter of the Council of Europe which allow to avoid the deprivation powers and voting rights of national parliamentary delegations.
43-51 88
Abstract
In the article the author considers the main components of the concepts “state bodies”, “public authorities”, their definitions are given and the correlation is explained. At the same time, ways of strengthening the unity of the specified definitions are proposed. The author argues that in the norms of law emanating from the state bodies one can trace political theses which are supported by elements of legal policy. Hence it is legitimate to treat such normative acts as not purely political, but political and legal documents. The author’s theses are confirmed by the examples from legal practice.

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

8-15 114
Abstract
The article deals with the axiological and teleological aspects of the award law. Basic legal and social values and goals fixed in the norms of the state awards institute are presented. The relationship between the award law and the institution of positive legal responsibility is revealed. The author comes to the conclusion that increasing the positive responsibility of an individual is the main goals of the state award institute and ensures the development of legitimate social activity in the Russian society.
16-24 80
Abstract
The article makes an attempt to show the influence of the State Council of the Russian Empire on the counter-reforms in the field of university organization conducted by Alexander III, which resulted in the adoption of the General University Charter. On the basis of legal and historical sources the author provides a detailed description of the state of affairs in the State Council during the discussion and adoption of this counter-reform. The legal status of the University Academic Council as a collegiate management body is highlighted. The author comes to the conclusion that the State Council supported the strengthening of the state intervention in all sectors, even if it did not approve of it in details.

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

52-64 72
Abstract
The author reveals topical issues related to the formation of the legal status of the self-employed population in the Russian Federation, while specific statistics are presented on the results of the conducted research into the topic. The scale of self-employment of the population in Russia is very significant (more than 16 million people according to the data obtained). The article presents proposals on the legal regulation of the problem, it is concluded that at present a new legal status of the self-employed population having tax privileges and exemptions is being formed. Based on the obtained data it can be argued that at present, the growth of employment in the informal sector will continue throughout Russia.
65-73 82
Abstract
The article deals with the definition of the role and significance of the settlement as a variety of the institution of mediation. The use of mediation in the regulation of family relations, the issues of the correlation of mediation and the conclusion of a settlement both at the stage of pre-trial settlement of disputes and at the stage of judicial proceedings within the framework of civil proceedings are analyzed, and the problems of integrating mediation into the activities of the bodies of civil jurisdiction are resolved. Based on the results of the study, the author concluded that the Ministry of Labor and Social Protection should adopt the Regulations on the features of an alternative dispute resolution procedure with the participation of an intermediary.
74-84 83
Abstract
The article studies how the legal status of self-regulatory organizations in the spheres of economic activity with an increased risk of harm infliction promotes minimization and elimination of the risk of inflicting harm to life and activity of a person and what kind of legal status is required for providing the purposeful activity of a self-regulatory organization. The analysis of legal aspects of the status of self-regulatory organization is provided in the spheres of economic activity with an increased risk of harm infliction by the example of a construction industry. The author comes to the conclusion that the legal status of self-regulating organizations in the sphere of economic activity with an increased risk of inflicting harm performs an important role in regulating entrepreneurial relationships, minimizing and eliminating harm infliction.

CRIMINAL LAW AND CRIMINOLOGY; CRIMINAL-EXECUTIVE LAW

85-90 103
Abstract
The article analyzes the activity of parents in the system of upbringing, which consists in the prevention of juvenile delinquency. The author believes that the task of preventing crime in society needs developing practical mechanisms for the implementation of regulations in the absence of action in practice. The legal responsibility for the upbringing of children lies with their parents. The article also considers the factors that attract minors to crime. It is concluded that the correct criteria for upbringing specified in the Constitution and other normative legal acts of the Kyrgyz Republic should be observed in education of minors.
91-98 136
Abstract
The article touches upon certain aspects of the criminological characteristics of mortgage frauds, disclosing the mechanisms of the most common of them, and providing examples from law enforcement practice. On the basis of the analysis of law enforcement practice the author revealed the peculiarity of this crime that consists in committing offences either during the distribution of loans by executive bodies, departments and fund units, or while obtaining and using soft loans by the executors of the programs. The credit and finance sphere is of special interest for organized crime.
99-114 94
Abstract
The article is devoted to consideration of the civil law aspects of organ transplantation. Discusses the differences between the “presumption of consent” and “consent” and requested their value in saving human life. Particular attention is paid to the analysis of the world of normative-legal acts in connection with the necessity of learning the existing Russian legislation in the field of transplantation and its further development. The author makes proposals on the development of specific changes and amendments to the legislation of the Russian Federation regulating the transplantation of human organs.


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