No 2 (2011)
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5-9 86
Abstract
In the article the concept of tax crime is
analyzed. The thesis of plural character of tax crime object
is proved. It is shown that the object of tax crimes
relations is tax collection and formation of budgetary
and off-budget fund; activities of state governing bodies
and local governments; the state or municipal property.
The relations in sphere of state and municipal management
and the relations concerning the state or municipal
property are considered as the main object of tax
crimes. It is suggested to allocate tax crimes in narrow
sense (articles 198, 199, 199.2 Criminal codes of the
Russian Federation), characterized by a generality of
the objective party, representing various forms of evasion
from taxes payment and/ or gathering.
analyzed. The thesis of plural character of tax crime object
is proved. It is shown that the object of tax crimes
relations is tax collection and formation of budgetary
and off-budget fund; activities of state governing bodies
and local governments; the state or municipal property.
The relations in sphere of state and municipal management
and the relations concerning the state or municipal
property are considered as the main object of tax
crimes. It is suggested to allocate tax crimes in narrow
sense (articles 198, 199, 199.2 Criminal codes of the
Russian Federation), characterized by a generality of
the objective party, representing various forms of evasion
from taxes payment and/ or gathering.
10-13 53
Abstract
The article discusses the features of custom-
tailored prevention of juveniles crimes. The author
examines the problems of using the most effective interventions
to juvenile offenders. The content of such preventive
measures as a belief, assistance and coercion
is given. Particular attention is paid to the pre-criminal
prevention adolescents at risk.
tailored prevention of juveniles crimes. The author
examines the problems of using the most effective interventions
to juvenile offenders. The content of such preventive
measures as a belief, assistance and coercion
is given. Particular attention is paid to the pre-criminal
prevention adolescents at risk.
14-18 171
Abstract
License Agreement nowadays is the most
common type of transaction for civilian purposes in the
field of intellectual property throughout the world. However,
often in the scientific literature it is equated with
the other types of contracts. The article analyzes a license
agreement with the contract on alienation of the
exclusive right of franchise, lease, purchase and sale.
This circumstance is due to the fact that at the present
stage of development the comprehensive measures to
promote innovation and hi-tech production in the Russian
Federation are adopted. Effective development of
this sector is impossible without effective legal protection.
Intellectual products are often appeasement subjects
of misuse in connection with what the State should
take widespread measures to regulate and protect the
rights of intellectual activity.
common type of transaction for civilian purposes in the
field of intellectual property throughout the world. However,
often in the scientific literature it is equated with
the other types of contracts. The article analyzes a license
agreement with the contract on alienation of the
exclusive right of franchise, lease, purchase and sale.
This circumstance is due to the fact that at the present
stage of development the comprehensive measures to
promote innovation and hi-tech production in the Russian
Federation are adopted. Effective development of
this sector is impossible without effective legal protection.
Intellectual products are often appeasement subjects
of misuse in connection with what the State should
take widespread measures to regulate and protect the
rights of intellectual activity.
19-26 63
Abstract
The basis of such values allocation in a
particular group is their nonmaterial and personal character.
Therefore, the rights associated with this kind of
wealth became known as personal not-having rights. In
this article the author considers the actual problems of
the current legislation in the field of moral harm compensation
in health services, the questions of the bases for
the origin of obligations on compensating of the moral
harm caused by medical services, principal kinds of
the citizens rights violations in the case of medical services
rendering, defines the list of circumstances which
can result in objectively inadequate medical aid, distinguishes
basic reasons of medical staff offenses at rendered
medical services, analyzes the conditions of the
obligations origin on compensating of the moral harm
caused by medical services and suggests introducing
some important alterations in the current legislation on
the point.
particular group is their nonmaterial and personal character.
Therefore, the rights associated with this kind of
wealth became known as personal not-having rights. In
this article the author considers the actual problems of
the current legislation in the field of moral harm compensation
in health services, the questions of the bases for
the origin of obligations on compensating of the moral
harm caused by medical services, principal kinds of
the citizens rights violations in the case of medical services
rendering, defines the list of circumstances which
can result in objectively inadequate medical aid, distinguishes
basic reasons of medical staff offenses at rendered
medical services, analyzes the conditions of the
obligations origin on compensating of the moral harm
caused by medical services and suggests introducing
some important alterations in the current legislation on
the point.
27-30 77
Abstract
The article appraises the possibility to
apply the norms of effective civil legislation to specific
rights of subsoil user, connected with direct influence on
the subsoil with regard to the substitution of the persons
in the obligation.
The following problem is considered: what will be
the legal possibilities of the subsoil user at transfer of
its rights and to what extent the transfer of such rights
may rely on the norms of Chapter 24 of the Civil Code
of the RF?
The principle possibility of such rights transfer and
the substitution of the subsoil user in relations arising
in the course of subsoil use (subsoil production) is recognized,
but with the account of some restrictions. The
restrictions of subsoil user rights assignment are appraised.
Specific features and the use perspectives of subsoil
user rights assignment without legislation alterations in
this sphere are considered.
apply the norms of effective civil legislation to specific
rights of subsoil user, connected with direct influence on
the subsoil with regard to the substitution of the persons
in the obligation.
The following problem is considered: what will be
the legal possibilities of the subsoil user at transfer of
its rights and to what extent the transfer of such rights
may rely on the norms of Chapter 24 of the Civil Code
of the RF?
The principle possibility of such rights transfer and
the substitution of the subsoil user in relations arising
in the course of subsoil use (subsoil production) is recognized,
but with the account of some restrictions. The
restrictions of subsoil user rights assignment are appraised.
Specific features and the use perspectives of subsoil
user rights assignment without legislation alterations in
this sphere are considered.
31-34 58
Abstract
The article is devoted to the problem of
legislation imperfection in the sphere of realtor activities
legal regulation. Quality of services on estate market is
directly connected with the question of legal regulation
of the given relations. Nowadays it is quite necessary
to accept a number of legal acts capable to specify the
order of realtor activities organization, additional protection
mechanisms of its participants rights and legitimate
interests. Specific proposals for the legal regulation improvement
in the sphere of realtor services are given in
the article.
legislation imperfection in the sphere of realtor activities
legal regulation. Quality of services on estate market is
directly connected with the question of legal regulation
of the given relations. Nowadays it is quite necessary
to accept a number of legal acts capable to specify the
order of realtor activities organization, additional protection
mechanisms of its participants rights and legitimate
interests. Specific proposals for the legal regulation improvement
in the sphere of realtor services are given in
the article.
35-40 100
Abstract
The article considers the issues of problems
of bringing to responsibility public-law formations
for damage caused by public acts. The author analyses
the collisions of the mechanics of compensating damage,
caused by wrongful criminal procedure. Practice of
various judicial instances on cases about attraction of
public-law formations to responsibility for the damage,
caused by wrongful criminal procedure is investigated.
Author suggests his own approach to the correction discovered
in this problems area.
of bringing to responsibility public-law formations
for damage caused by public acts. The author analyses
the collisions of the mechanics of compensating damage,
caused by wrongful criminal procedure. Practice of
various judicial instances on cases about attraction of
public-law formations to responsibility for the damage,
caused by wrongful criminal procedure is investigated.
Author suggests his own approach to the correction discovered
in this problems area.
41-45 67
Abstract
The article reveals the conception of a juridical
act, proves that it includes trespass and determines
the conditions under which trespass obligations
may arise. Trespass is considered as causing the emergence
of civil rights and obligations, the latter being
listed in the article. The functions of trespass obligations
have been analysed. Different views of such notions as
action and inaction have been covered in the context of
trespass. The authors individual treatment of the matter
has been substantiated and the criteria of differentiating
action and inaction have been suggested.
act, proves that it includes trespass and determines
the conditions under which trespass obligations
may arise. Trespass is considered as causing the emergence
of civil rights and obligations, the latter being
listed in the article. The functions of trespass obligations
have been analysed. Different views of such notions as
action and inaction have been covered in the context of
trespass. The authors individual treatment of the matter
has been substantiated and the criteria of differentiating
action and inaction have been suggested.
46-48 87
Abstract
The article is the comparative-legal analysis
of three religions attitude to the necessary defense
natural right. The author proves that such natural right
as necessary defense right is well-known for all of the
three religions and finds justification in different saint
texts. The author comes to the conclusion that such a
justification shows that the religions belong to humane
religions, based, first of all on the respect of natural human
rights.
of three religions attitude to the necessary defense
natural right. The author proves that such natural right
as necessary defense right is well-known for all of the
three religions and finds justification in different saint
texts. The author comes to the conclusion that such a
justification shows that the religions belong to humane
religions, based, first of all on the respect of natural human
rights.
49-54 119
Abstract
This study aimed at disclosing specifics of
the implementation of power division in the state with a
federal character. The article points out the necessity of
not only vertical (territorial) division of power, but also
special structures at the federal level under the charge
of federal relations issues of cooperation between the
federal center and subjects of the federation, as well as
intersubjective (horizontal) attitude. Furthermore, the
attempt to determine the invariant features of power division
characteristic for the federative state has been
made.
the implementation of power division in the state with a
federal character. The article points out the necessity of
not only vertical (territorial) division of power, but also
special structures at the federal level under the charge
of federal relations issues of cooperation between the
federal center and subjects of the federation, as well as
intersubjective (horizontal) attitude. Furthermore, the
attempt to determine the invariant features of power division
characteristic for the federative state has been
made.
55-59 99
Abstract
The present article is devoted to defining
the place and role of state and municipal agencies as
participants in civil relations of the Russian Federation.
The author has identified some problematic issues related
to the legal definitions, defining characteristics of
civil law and their subjects. Particular attention is paid
to the contribution and characteristics of the legal status
of state and municipal agencies in exercising their
civic rights and responsibilities. The significance and
actuality of the study is theoretical and legal analysis
of legislative changes concerning state and municipal
institutions.
the place and role of state and municipal agencies as
participants in civil relations of the Russian Federation.
The author has identified some problematic issues related
to the legal definitions, defining characteristics of
civil law and their subjects. Particular attention is paid
to the contribution and characteristics of the legal status
of state and municipal agencies in exercising their
civic rights and responsibilities. The significance and
actuality of the study is theoretical and legal analysis
of legislative changes concerning state and municipal
institutions.
60-63 80
Abstract
Accuracy of the law execution depends on
clearness of its text. The system of legal concepts has
a huge value. In the given work we have the analysis
of concepts previous conviction and criminal prosecution
in the labor law that is in the field of adjustment of
labor relations in an educational sphere. In the article
we study problems arising in practice in connection with
new requirements coming into force. These requirements
are applied to workers of an educational sphere.
clearness of its text. The system of legal concepts has
a huge value. In the given work we have the analysis
of concepts previous conviction and criminal prosecution
in the labor law that is in the field of adjustment of
labor relations in an educational sphere. In the article
we study problems arising in practice in connection with
new requirements coming into force. These requirements
are applied to workers of an educational sphere.
64-69 53
Abstract
In the present article on the basis of the
analysis of civil and criminal procedure legislation norms
in power, their practical application and theoretical studies
existing in legal literature the procedure for compensation
of property damage and moral harm caused to
rehabilitated citizens by illegal prosecution is reviewed.
On example of court holdings, the divergence of current
judicial practice in this category of cases and problems
existing in this field of legal relationship are illustrated,
and the authors point of view on their resolution is given.
The article may be of use for scientific workers, legal
practitioners, lecturers, post-graduates and students of
law faculties, as well as for all interested in problems of
adjective law.
analysis of civil and criminal procedure legislation norms
in power, their practical application and theoretical studies
existing in legal literature the procedure for compensation
of property damage and moral harm caused to
rehabilitated citizens by illegal prosecution is reviewed.
On example of court holdings, the divergence of current
judicial practice in this category of cases and problems
existing in this field of legal relationship are illustrated,
and the authors point of view on their resolution is given.
The article may be of use for scientific workers, legal
practitioners, lecturers, post-graduates and students of
law faculties, as well as for all interested in problems of
adjective law.
70-80 131
Abstract
The article is devoted to the research of
the most important questions, as concerning the common
traits of international and European law. In relations
of these law systems the author has marked the
advantage of international law over the European law.
The advantage of international law over the European
law like a particular relation has displayed in different
levels and forms. The author also has marked that except
common sources of law every law system employs
its own sources of law.
the most important questions, as concerning the common
traits of international and European law. In relations
of these law systems the author has marked the
advantage of international law over the European law.
The advantage of international law over the European
law like a particular relation has displayed in different
levels and forms. The author also has marked that except
common sources of law every law system employs
its own sources of law.
81-84 118
Abstract
In this article the international legal mechanism
of investment disputes settlement according to
operating Washington convention «On the Settlement
of investment Disputes between States and Nationals
of other States» is considered. The author investigates
the activity of the International Center for Settlement of
Investment Disputes (ICSID) in the system of the international
intergovernmental organizations and the international
commercial arbitration. The experience of the
courts activity dealing with the permission of investment
disputes at interstate level on the example of some affairs
is analyzed.
of investment disputes settlement according to
operating Washington convention «On the Settlement
of investment Disputes between States and Nationals
of other States» is considered. The author investigates
the activity of the International Center for Settlement of
Investment Disputes (ICSID) in the system of the international
intergovernmental organizations and the international
commercial arbitration. The experience of the
courts activity dealing with the permission of investment
disputes at interstate level on the example of some affairs
is analyzed.
ISSN 2949-5091 (Print)
ISSN 2949-513X (Online)
ISSN 2949-513X (Online)