No 1 (2014)
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ЧАСТНОЕ ПРАВО И ПРЕДПРИНИМАТЕЛЬСТВО
8-17 170
Abstract
The author states his point of view on the legal nature of invalid transactions and substantiates that such civil categories as “invalid transaction” and “offense” are different and relatively independent legal phenomena. Invalid transaction and delict identification may occur only because the same actions constitute the essence of both invalid transaction and offense. The author argues that legitimacy is not a constitutive feature of civil transactions, as it was stated by some Soviet lawyers. The study is based on a wide range of literary sources of both Soviet and modern periods.
18-24 100
Abstract
The article examines the legal nature of travel service agreement provision, legal and regulatory basis governing it and international practices in providing tourism services. The author also discusses the common principles of tourist product provision and indicates what current legislation norms should be reflected in travel service agreement. Rospotrebnadzor’s statistics concerning the forms of travel service agreements help to reveal some problems in this sphere and make propositions to specify the most significant terms of the agreement.
25-30 67
Abstract
The article considers the issue of efficiency of state-private partnership stimulating enterprise relations in modern Russia through the prism of civil law. Special attention is paid to the system of principles of legal regulation allowing the possibility of effective existence of state-private partnership and the system of legal acts regulating it in particular spheres of economic activity and various regions.
31-40 104
Abstract
The article is devoted to the problems of defining the legal nature of requisition. The requisition provided by article 242 of the Civil Code of the Russian Federation is considered as a legal fact, specific legal relationship and also as a legal construction. The author concludes that the act of requisition can be referred to as a legal action and requisition can be of administrative and legal nature having a frame construction in the Civil Code of the Russian Federation and that completed requisition is an event generating civil rights and duties. Two types of requisition are suggested: military and peace.
УКРЕПЛЕНИЕ ЗАКОННОСТИ, БОРЬБА С ПРЕСТУПНОСТЬЮ
41-49 151
Abstract
On the basis of the systematic analysis of the statements of Criminal Procedure Code of Ukraine as well as the studies on philosophy, theory of law and criminal procedure law the author examines tacit investigative actions as means of cognition in a criminal trial. The experts’ approaches to the correlation of cognition and criminal procedure proving allowed to state that tacit investigative actions enrich the arsenal of means of direct cognition of the tracks of crime by proving subjects, however, the legislative regulation of some aspects of their implementation requires an improvement.
ОТДЕЛЬНЫЕ ВОПРОСЫ ПРАВА И ПРАВОПРИМЕНЕНИЯ
50-53 58
Abstract
The development of the Internet representing a uniform information network demands not only its detailed study but also a full-fledged legal regulation. In spite of the fact that the advantages of the Internet prevail, it is impossible to underestimate its bearing of potentially harmful or illegal materials. These violations and abuses are of different character and concern various aspects of human life and activity. The task of state regulation is to influence some aspects the Internet activity by taking into account its specific features.
ROSTRUM FOR YOUNG SCIENTISTS
54-59 65
Abstract
This article is devoted to the analysis of historical experience and development of public-private partnership relationships in transport sector in Russia and abroad. The author suggests that the historical experience of relationships between the state and individuals in the sphere of transport should be considered at current legislation improvement, which will allow to develop the most successful applications of public-private partnership in the transport sector of Russia.
60-65 75
Abstract
The article deals with some aspects of carrying out a survey of a scene at an initial stage of investigation of arms trafficking based on the analysis of Siberian federal district border practice and substantiates the value of these aspects for successful disclosure and investigation of crimes. The features of the survey include the specificity of fixing and withdrawing traces and crime subjects from the incident scene; reliability of fixing the proofs; inadmissibility of conjectures in the description of things as the drawbacks of a survey protocol often hinder subsequent investigation.
66-69 68
Abstract
The article is devoted to the main forms of sponsor relationships. The efficiency of the mechanisms provided for paid services, donations, and mixed contracts is considered. Based on the analysis of successful implementation of the mentioned forms of sponsorship, it is concluded that sponsorship agreement might be introduced as an independent form. In order to secure sponsorship agreement on legislative level the subject matter of sponsorship agreement is formulated, as well as special cancellation terms aimed at establishing a balance of parties in the studied relationships.
70-77 83
Abstract
The article reviews general rules of imposing administrative sanctions for violating Consumer Protection Law. The author studies the features of realizing the principles of legality, individualization and justice of punishments for legal entities as well as the bases of their relaxation from administrative responsibility regarding the statute of limitation and insignificance of the offense. Based on the analysis of current legislation and court practices it is considered what offenses in particular can be treated as violations of Consumer Protection Law and what criteria allow to delimit this type of delicts from adjacent offences.
78-82 78
Abstract
The paper analyzes different approaches (from law-maker’s and researcher’s perspectives) to understanding the nature of evidence. The author considers the impact produced by technical progress and IT-technologies on judicial process. This impact is realized in new evidence, their sources and difficulties incurred by presenting them in a lawsuit. The concepts of «data» and «information» are compared within the framework of arbitration process. A new definition of evidence is suggested and propositions are made to amend paragraph 1 of Article 64 of the Arbitration Procedure Code of the Russian Federation.
83-89 74
Abstract
The article considers the topical issues of Russian legislation reforming in order to provide more effective control over the financial operations of politically exposed persons. Due to the fact that politically exposed persons exercise broad authorities, financial operations of this category of people are often connected with a high risk of financial, primarily corruption offences. This peculiarity makes the financial operations of politically exposed persons an object of particular control. A number of changes are proposed to amend the legislation in order to enhance the efficiency of illegally obtained property detection during the procedure of its placement in legal economy. In particular it is proposed to legally define the concept of “politically exposed persons”, and include in it both Russian politically exposed persons and foreign ones. The article also proposes to broaden the number of subjects of politically exposed persons by acknowledging as such former politically exposed persons.
90-95 104
Abstract
This article studies the key provisions of the British Proceeds of Crime Act 2002 focusing on anti-money laundering regulation. Special attention is paid to the interpretation of the term “proceeds of crime” and the amendments made to this act in 2006. The latter influenced law enforcement and caused vehement reaction of the interested parties.
ISSN 2949-5091 (Print)
ISSN 2949-513X (Online)
ISSN 2949-513X (Online)