No 1 (2015)
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CONSTITUTIONAL LAW; CONSTITUTIONAL LAWSUIT; MUNICIPAL LAW
8-11 101
Abstract
The article examines the features of constitutional right to housing enactment in the Russian Federation. The constitutional right to housing is provided by development and preservation of state and public housing stock on the one hand and promotion of cooperative and individual housing construction on the other. The enactment of this right is influenced by the behaviour of individual citizens, state bodies and business entities in choosing legally possible solutions to the housing problems. The author of the article suggests that the standards of different legal acts should be improved to particularize the protection of such violated rights as to housing, gratuitous use, social tenancy and deprivatization, as well as the requirements to housing. The principals, notions, statements and the definitions of the key concepts of the Housing Code should be unified.
12-21 126
Abstract
The article considers the issues of legal foundations of the right to information on authorities. Based on the comparative analysis of federal laws that establish procedures for access to information on authorities and submission of appeals the author marks the inconsistency of certain provisions. The analysis revealed no difference between request and appeal for information procedures. Thus the author argues the necessity of unification for rules of processing appeals and requests for submitting the information on state bodies. The unification can be carried out on the basis of the Order of Appeal Processing Act, which would harmonize the structure of laws on information and put analogous public relations into order.
CIVIL LAW; ENTREPRENEURIAL LAW; FAMILY LAW; INTERNATIONAL PRIVATE LAW
22-30 122
Abstract
The paper considers the definitions of the concepts “innovation” and “innovation activity” in federal and regional laws and authors’ definitions of the terms in present-day legal literature. The debated problem is the imperfection of the Russian legislation in the area of legal regulation of innovative activities, the presence of “economic flavor” in jurisprudential judgments and the absence of a fundamental theory that would embrace the analyzed concepts. The terminological definition of the basic concepts would provide necessary conditions for the legal support of the innovation segment of the national economy and the creation of efficient and convenient legal tools for Russia’s innovative development.
31-36 91
Abstract
The article discusses the concept of collection activities and analyses their legal regulation by a range of standard acts including On Consumer Loan Act. According to the authors the lawfulness of the transfer of loan agreement claims to collectors stated in the mentioned act is rather doubtful as it is not provided by an effective mechanism of defending the borrower from an undesirable encounter with collection bodies. Some discrepancy has been revealed between the provisions of the On Consumer Loan Act and the Code on Administrative Offences concerning the responsibility for misconduct of collectors working under the agency agreement. Except the case of contact assignment collector’s responsibility is not properly regulated both in event of debt collection under paid service agreement and in preserving bank secret data.
37-43 294
Abstract
The principle of collision regulation of international private relations institutionalizes the civil law relations with a foreign element which are not dominated by public interest. Although the underlying method is referential, its role is not in the least limited. The author finds it expedient to adopt a separate act on international private law and international civil litigation in the Russian Federation. It is only a collaborative use of two methods (collision and substantive legal) that affords opportunities for legal regulation in private international law which would meet the requirements of contemporary international and national (local) social relations.
44-49 93
Abstract
The article considers the theoretical foundations of intellectual activity stated in the laws of the Russian Federation. A comparative study has been conducted of intellectual activity outcomes as objects of civil rights. The authors identify common features of intellectual activity and analyze legal significance of the outcomes of intellectual activity paying special attention to the works as the objects of civil rights. The definition of the object of intellectual activity as a generic term has been proposed.
50-53 81
Abstract
The author examines the factual basis of land acquisition and its impact on land relations in the light of new amendments made in the Civil Code and Land Code of the Russian Federation stating that the plot becomes the main object of property and the real estate objects located on it should be considered as constituent parts of a “single real estate object”. The author comes to the conclusion that modern legislation provides for the cancellation of land lease as the main form of land ownership and use and the transition to new proprietary rights, i.e. development and permanent ownership.
CRIMINAL LAW AND CRIMINOLOGY; CRIMINAL-EXECUTIVE LAW
54-58 71
Abstract
The paper considers the features of punishments provided by Article 285.1 of the Criminal Code of the Russian Federation for misappropriation of budgetary funds. Based on the assumption that such crimes present a special public threat the author argues the necessity for tightening the liability for budget spending misuse according to basic and qualified composition acts. The author considers it inconsistent to substitute criminal penalty for administrative one in case of revealing the facts stated by Article 306.4 of the Budget Code of the Russian Federation.
УГОЛОВНЫЙ ПРОЦЕСС
59-65 96
Abstract
Fraud investigations in the field of computer information determines the need to produce a variety of investigative activities, among which occupies a special place for questioning. As the investigation of these crimes requires specific knowledge in the field of computer technology, which at the proper level has not always investigator for interrogation attract skilled in the art knowledge. In the article the author emphasizes, and makes the case for the use of special knowledge in preparation for questioning, rather than its operational stage.
ISSN 2949-5091 (Print)
ISSN 2949-513X (Online)
ISSN 2949-513X (Online)