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Moscow Juridical Journal

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No 4 (2014)
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THEORY AND HISTORY OF LAW AND STATE; HISTORY OF TEACHINGS ON LAW AND STATE

8-14 83
Abstract
The article discusses the necessity to integrate historical and other local traditions into the organization of local self-government, which follows from the requirements of the Constitution of the Russian Federation and the Federal Law № 131. It becomes particularly necessary while adopting municipal-legal acts by local authorities. It is noted that issuing regulations and enabling legislation the local authorities should take into account the interests of the population too, especially if the population consists of different peoples.
15-21 78
Abstract
On May 21, 2013 the State Duma of the Russian Federation approved in the first reading the draft of the Code of administrative procedure of the Russian Federation, which means further separation of the public procedure from the claim procedure. The article analyzes some of the provisions of the draft Code of administrative procedure of the Russian Federation and their compliance with the legal positions of the Constitutional Court of the Russian Federation, including the powers of the appellate court, the requirements for legal representatives and others.
22-28 75
Abstract
This article studies the legal basis of the institute regulatory impact assessment. Legal acts regulating social relations in this field are analyzed. The author offers a concept of the evolution of the regulatory impact assessment. The special role of the associations representing the interests of the business community in the development of this institution is highlighted. The author concludes that the formation of the institution of regulatory impact assessment is incomplete and formulates promising ways of improving the existing legislation.

CONSTITUTIONAL LAW; CONSTITUTIONAL LAWSUIT; MUNICIPAL LAW

29-34 165
Abstract
The article considers the features of local self-government model in Latin America. Traditionally the practice of administering in Latin American states is based on the elements of state (centralized) governing and local (decentralized) governing. The author reveals the features of dualism in this model and carries out a comparative analysis of French and Iberian models of local government and local self-government.

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

35-42 99
Abstract
The article updates the issue of compensation for damage caused by a minor in the context of its historical development. The analysis of legal documents of the past and present allowed the author to conclude that there are significant differences in foreign state legal norms governing the issue under study. With the problem being worked out in a bulk of legal studies of nearly any historical period, compensation for damage caused by minors presents not only theoretical, but often practical interest.
43-49 74
Abstract
Based on the analysis of existing legislation the article covers legal aspects of premise advertising, the problems arising in connection with citizens’ purchasing, renting and selling of living quarters, as well as interaction with real estate agencies in solving housing issues. The author argues the need of protecting consumers from unfair, unethical and misleading advertising of dwellings and transactions, the ways of improving the legislation in advertising and housing sector being suggested. The article also provides a legal assessment of current housing relation problems in Russia.
50-59 61
Abstract
This paper presents an analytical review of certain provisions of the Resolution of the Plenum of the Supreme Court on June 28, 2012 № 17 “On consideration of civil cases by courts to protect the rights of consumers”. The author considers the most pressing issues of consumer protection, i.e. issues of compensation for moral damage, claims for submission of claims for damage to property and claims for a penalty; problems of definition of the subject composition for protecting consumer rights. The author also argues the unity of jurisprudence in all cases under study.
60-64 90
Abstract
Legal competence of the personnel of modern business networks is considered as a condition for their functioning in foreign trade of the CIS countries. Entrepreneurs need legal knowledge, abilities and skills as it is business initiative, responsible business structure operating on the basis of legal and regulatory documents, principles of law, public and individual legal culture that lie at the basis of Russian-foreign business partnership. The Bauman Moscow State Technical University as a basic organization of the CIS countries implementing educational services incorporates legal component into its curricular.
65-69 83
Abstract
The institute of financial jurisdiction has been established in the world as a legal form of accumulating the capital, which is used by a growing number of companies of developing and developed countries. Of greatest interest are such offshore jurisdictions as Cyprus, the Cayman Islands and the British Virgin Islands. The paper analyzes the features of modern legal regulation of the process of registration of commercial companies in offshore jurisdictions and the features of recent offshore territories legislation.

CRIMINAL LAW AND CRIMINOLOGY; CRIMINAL-EXECUTIVE LAW

70-77 147
Abstract
Within the system of all-legal principles the author discerns only the principles characterizing criminal and executive law. Among such principles are: the principle of rational application of coercive measures, means of correction of the sentenced and stimulation of their law-obedient behavior; principle of combination of punishment and corrective impact. On the basis of comparison of the principles consolidated in the Criminal Code and Criminal and Enforcement Code of the Russian Federation the author draws a conclusion about their mismatch and argues the necessity of fixing the principle of justice in criminal and enforcement law.
78-81 147
Abstract
This article dwells on the specifics of legal analogy application in the period of the legal statutes in 1864. The features of legal technique in pre-revolutionary Russia are identified, where analogy manifested itself as an integral part of criminal process. The study revealed serious enforcement problems in the field of formal acceptance of an offence supported by examples from judicial practice. It is shown that the law which introduced the analogy also obliged law enforcer to use it widely in criminal proceedings.
82-87 62
Abstract
The paper considers the composition of such as an offence as nationwide money laundering in the USA. The author reveals the contents of the basic elements of the specified crime, which includes the definition of “financial transaction” used in the US legislation as well as four types of intent, one of which is indispensable for incriminating money laundering.

УГОЛОВНЫЙ ПРОЦЕСС

88-94 70
Abstract
CRIMINAL PROCEDURE ASPECTS OF THE PROBLEM OF COMPENSATION FOR CRIMINALLY CAUSED DAMAGE Abstract. The article discusses such important issues as victim compensation for the damage caused by crime. The author raises one of the most urgent problem of implementation of compensation provided by criminal procedure legislation. From the author’s point of view in both criminal and civil proceedings there are aspects related to the establishment of the scope of rights and obligations in legal relationships in compensating for criminally inflicted damage and issues of the actual victim compensation.


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