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Moscow Juridical Journal

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No 1 (2011)
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5-11 127
Abstract
The paper deals with historical and
legal aspects of Kalmykiyas participation in the formation
of a new Russian state. The collapse of the USSR
in December 1991 stimulated sovereign processes in
republics incorporated in the Russian Federation.
During 1992-1993 the Parliament of Kalmykia
was occupied with legalization of national state symbols.
The Law on Citizenship, Presidency, hymn, coat
of arms and flag were to substantiate the sovereignty
of the republic declared in 1991. Kalmykias President
K.N. Ilyumzhinov, who took office in 1992, suggested
his own variant of Federal Constitution declaring that
legal status of republics is equal to the rest of Russia.
 
12-21 105
Abstract
The article deals with the EU legal
system relations with the legal systems of its member
states. There have been ways and forms of influence
of European law on national. The expansion of the
regulatory impact of European Union law on public relations
has been pointed out, as well as the increase in
the number of normative legal acts of a supranational
nature. The author suggests his own view of the peculiarities
of the EU legal system.
 
22-30 103
Abstract
The article analyses the participation
of Russian armed forces officers in political processes
of forming new state and public institutions in
present-day Russia. Army officers have always been
an active political force in the system of state institutions.
Historical tradition of military men greatly influencing
power structures stimulates involving officers
into politics. The role of officers in political processes
of present-day Russia is one of the peculiar factors
under the circumstances of transformation of state and
public institutions.
 
31-36 368
Abstract
The article considers different approaches
to teaching law. The main focus of the article
is the peculiarities of traditional and innovative techniques
and their combination. The author presents
different forms of innovations (new integral disciplines
and teaching methods) and shows the influence of innovative
teaching on the structure of educational establishment
and pedagogical work.
Such forms of innovations as module, systemformatted,
partial and their applications have been
the authors special concern. Among the law teaching
techniques the methods of brainstorm and mediation
have been distinguished. Information technologies are
also of great importance for teaching purposes. To
make the classes more efficient it is recommended to
combine different methods of teaching law. The necessity
of a constant search for new law teaching techniques
and their development and putting into practice
is underlined.
 
37-43 156
Abstract
The paper is concerned with the role
of the course of Jurisprudence in forming legal culture
in the period of building up a legal democratic
state. The author reveals the content of legal education
at the present stage of Russias development and
covers some negative features that have appeared
in Russian society during the transitional period from
totalitarian regime to democracy. The causes of such
phenomena have been studied and the ways to avoid
them have been suggested. The role of teaching staff
and educational establishment administration has
been revealed in forming the sense of justice, especially
its moral aspect.
 
44-49 100
Abstract
The possibility to determine independent
participation in civil transactions requires a
set of adequate tools. The most efficient of them is
a contract. The article attempts at justifying the expediency
of singling out the so-called business contracts
into a separate group. The author gives some
proofs that taking into consideration the needs of the
contemporary society the terms dogovor (contract)
and soglasheniye (agreement) cannot be treated as
synonyms. It is suggested that the system of contracts
should be considered proceeding from the needs of
the participants of a civil transaction. The contracts
whose parties are official institutions and that include
the elements of private connections should be treated
as mixed constructions both containing civil agreements
and some elements of business contracts.
 
50-56 81
Abstract
The article deals with two important
problems arising at making a contract for carrying out
research work for state needs. In the first part of the
paper the author reveals the notion of the contract
under study and determines the factors influencing
its conclusion. The definition of state needs is analysed.
The second part of the paper is concerned with
the problems of legal regulation of the contract for carrying
out research work for state needs. The following
aspects are under the authors special attention: basic
conditions and their reflection in legal documents, fixing
the results of intellectual activity and the problem
of constructive approach to the question of legal regulation
of contracts for carrying out research work for
state needs.
 
57-62 92
Abstract
The paper studies the cause of necessary
defence. The periods of mankind evolution are
considered: from primitive societies to first constitutions
of democratic states. The criterion for such period
division is state attitude to the right of necessary
defence. The author arrives at the conclusion that the
right of necessary defence has come into being and
developed as a result of human society evolution -
sociogenesis.
The author suggests a theory according
to which the process of globalization will lead to making
a uniform world standard of the right of necessary
defence.
 
63-67 90
Abstract
On the basis of current legislation
and existing in legal literature points of view the
author of the article attempts at determining the place
of deposit agreement in the system of civil liabilities.
The researcher suggests the mentioned agreement
should be referred to a group of liabilities directed at
delaying recovery of the same property or repayment.
In connection with the previous statement the wording
of item 2, article 779 of the Civil Code of the Russian
Federation regulating the incidence of chapter 39 of
the Civil Code of the Russian Federation should be
changed.


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