No 2 (2017)
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CIVIL LAW; ENTREPRENEURIAL LAW; FAMILY LAW; INTERNATIONAL PRIVATE LAW
6-14 536
Abstract
The article characterizes the grounds citizenship acquisition existing in the world practice. The author considers such grounds as filiation, naturalization, option, transfer, reintegration, repatriation, entrusted citizenship, and citizenship through occupation of a position, citizenship through naturalization with account of “investor’s visa”. The examples are provided of the use of the considered grounds in Romano-Germanic and Anglo-Saxon legal systems, with the distinctive features of the use being identified. It is concluded that the acquisition of citizenship has a direct bearing on the legal status of individuals and provides the possibility of everlasting legal ties between the state and persons residing on its territory.
15-23 85
Abstract
The article analyzes the legal protection of intellectual property in the Ministry of interior of Russia. The analysis showed that civil law relations regarding the specifics of copyright protection of work products in the system of the MIA of Russia occurring between the author and the employer shall be first and foremost protected by making a civil contract which includes both personal property relations of the authors and their exclusive rights to intellectual property created at work.
24-32 78
Abstract
The article considers the issues of determining the legal status of the counterparties of a franchise agreement, defines the rights and obligations of the parties, identifies the main problems of practical realization of the legal personality of the participants, and suggests the author’s vision of the problems of both contractual and pre-contractual dispute settlements. The article also considers the peculiarities of franchising and domestic franchising legislation. The author came to the following conclusions: 1) the rights of a minor franchisee are derived from the rights of the original franchisee and cannot be wider than the rights of the original franchisee; 2) the franchisee must compete with the franchisor on the territory of the franchise agreement; 3) the obligation of non-competition in the law is formulated discretely, which can lead to litigation between the franchisor and the franchisee.
CRIMINAL LAW AND CRIMINOLOGY; CRIMINAL-EXECUTIVE LAW
33-38 384
Abstract
The studyof the development of criminal law is one of the theoretical and practical problems of criminal law improving. The article analyzes the Criminal Codes of Vietnam since the adoption of the first Criminal Code till present. The authors observe that the system of Criminal Law in Vietnam was created under very challenging circumstances and make a general assessment of the new 2015 Criminal Code suggesting some ways to improve the Criminal Law system of the Socialist Republic of Vietnam.
39-46 75
Abstract
The aggravation of loan repayment problems predetermined the vigorous activity of collection agencies whose staff in some cases uses illegal methods of impact on debtors and their relatives, thus performing illegal acts using various types of violence. The article considers the most typical of collectors’ crimes execution in connection with the typical criminal’s identity, debtor-victims (and their relatives), tools and means of crime. The value of crime method identification for disclosure and investigation procedures is determined.
47-53 110
Abstract
The article analyses the criminal legislation of the Kingdom of the Visigoths. The author examines the issue of the existence of circumstances excluding criminal responsibility for murder. Paying attention to a number of specific features of the medieval criminal law, the author achieves the stated goal. He proves the existence of an institution of necessary defense and a number of other circumstances that exclude the criminality of the act in Spanish medieval legislation.
54-62 103
Abstract
The article generalizes the antiterrorist practice of a number of world states. General and special measures to counter the threat of radicalism are presented. Drawing on the experience of Israel, India, the United States, Canada and China, the author formulates some universally applicable means of a legal anti-terrorist circuit. The greatest emphasis is placed on preventive measures. The intended use of the results of the study is in optimizing the anti-terrorist legislation of the Russian Federation taking into account existing risks.
УГОЛОВНЫЙ ПРОЦЕСС
63-68 160
Abstract
On the basis of previously published materials this article deals with investigative situations of the initial stage of crime investigation from the standpoint of situational approach. Analysing the current state of various theories of investigative situations the author points out some controversial aspects related to the definition of the investigative situation. The author argues the necessity of the analysis of typical investigative situations for investigator’s (inquirer’s) further development of a typical version and also with the purpose of the study of information about the crime in order to determine the situation, put forward versions and to determine the direction of the investigation.
ISSN 2949-5091 (Print)
ISSN 2949-513X (Online)
ISSN 2949-513X (Online)