No 4 (2016)
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THEORY AND HISTORY OF LAW AND STATE; HISTORY OF TEACHINGS ON LAW AND STATE
8-14 70
Abstract
The article highlights the issues of understanding a good faith principle as “organizing”, formed by the Supreme Court of Canada in Bhasin v Hrynew law case. This approach is compared with the existing in civil law countries, such as the UK and the USA, understanding of the principle of good faith and its application. The author also reveals advantages and possible disadvantages of this approach, makes conclusions regarding its theoretical and practical value, and makes the prospects for its future development.
15-23 103
Abstract
In this article the author tries to show a connection between law-making and the theories of law schools. Some law schools and their influence on the development of legislative activity were analyzed. The role of Islam was identified in the development the Azerbaijan Legal system. The author argues that a legal act should not contradict the customs of the society and law-making should take into account the ethnic traditions.
24-31 111
Abstract
The ongoing transformations in political, economic, social and other spheres of modern Russia demand re-evaluation of historical heritage regarding the formation of the Russian parliamentarism and evolution of governmental bodies. In the present article the author makes an attempt to consider the legal status of the State Council of the Russian Empire, its structure, order of formation, rights and duties through M.M. Speransky’ s concept of governmental bodies development. Special attention is paid to a consultative character of the State Council, which was a kind of revolution in the system of governmental bodies in the Russian Empire, and the legal basis of the foundation and activity of the State Council as it was viewed by M.M. Speransky.
CONSTITUTIONAL LAW; CONSTITUTIONAL LAWSUIT; MUNICIPAL LAW
32-39 87
Abstract
This article discusses the legal basis and procedure for the formation of standing committees and the commissions of legislative (representative) bodies of the constituent entities of the Russian Federation. Based on the analysis of federal and regional legislation the authors argue the autonomy of the legislative bodies of the subjects of the RF in regulating the establishment of standing committees and commissions, with the proposals being made on the improvement of legal regulation of the activities of legislative bodies under consideration
CIVIL LAW; ENTREPRENEURIAL LAW; FAMILY LAW; INTERNATIONAL PRIVATE LAW
THE PROBLEMS OF REALIZATION OF CITIZENS’ RIGHTS ON GETTING MUNICIPAL TEMPORARY HOUSING FUND PREMISES
40-48 122
Abstract
The current socio-economic policy of the Russian state should be focused on solving the problem of provision of housing to citizens. The issue of the formation of the municipal temporary Housing Fund is discussed in the article. The author focuses on the peculiarities of the legal regulation and the difficulties of the creation of the temporary Housing Fund in the required premises.The conclusions about the necessity to change the current legislation are made and the ways to solve the problem at the level of municipalities are proposed in the article.
49-56 79
Abstract
The article analyzes the civil status of the self-regulatory organizations and self-regulating status of these organizations as subjects of entrepreneurial activity. The need to consider the issue arises in connection with a large number of problems related to the application of the law on self-regulatory organizations and the regulation of their legal status. The author concludes that the issue of self-development in Russia requires further study and suggests the alignment of the necessary balance of public and private interests in business relations, which subsequently must be reflected in the fundamental principles of self-regulation.
CRIMINAL LAW AND CRIMINOLOGY; CRIMINAL-EXECUTIVE LAW
57-62 150
Abstract
This article discusses some features of the settlement of disputes relating to the organization of penal labor. It describes the features of the modern industrial sector where convicts work from the perspective of improving its efficiency. The author analyzes some current problems arising from the need of introducing preferential tax treatment, strengthening health care of the convicted and increasing the level of professional training at prison industry.
63-71 219
Abstract
The article reveals the importance of criminology as a science - primarily for the individual and society. The author shows the importance of criminology for other sciences, especially for criminal law science, but admits that there is a decline in forensic empirical research thus hindering the development of theoretical knowledge. This observation allows the author to come to the conclusion that legal suggestions proceeding from thorough research in criminology can be useful for improving the Criminal Law.
72-78 90
Abstract
The article deals with the crimes qualifying issues related to the theft of money from bank card accounts through the use of electronic payment systems. Attention is drawn to the absence of uniform judicial and investigative practice in the qualification of these crimes as the disposition of the corresponding article of the Criminal Code of the Russian Federation does not clarify whether the offense provided by Article 159.6 of the Criminal Code is a special one in respect to Article 159 of the Criminal Code. The authors argue the qualification of such crimes by taking into account the position of the Supreme Court of the Russian Federation.
79-89 106
Abstract
The article considers the issues of criminal responsibility for mass disorders and reviews the research works on this subject. The author believes that the criminal law measures to combat the riots should be considered in conjunction with other measures. There is an urgent need to continuously improve the criminal-legal measures to combat mass disorders.
УГОЛОВНЫЙ ПРОЦЕСС
90-95 143
Abstract
The author continues to explore the issues of arguing in adversarial criminal process and considers lawyers’ art of rhetoric as a means of building persuasive argumentation. The art of rhetoric is summoned to solve three problems: to prove the righteousness of what we advocate, to get the listeners favorably disposed to ourselves, to direct their thoughts the way needed for the case. This article investigates the counselor for the prosecution and the counselor for the defense speech aimed at solving the problems under study as a process of social influencing the listeners (the jury and the judge).
ISSN 2949-5091 (Print)
ISSN 2949-513X (Online)
ISSN 2949-513X (Online)