Preview

Moscow Juridical Journal

Advanced search
No 1 (2012)
View or download the full issue PDF (Russian)
 
5-9 79
Abstract
The article studies the prospects for the transition
state of the political regime in modern Russia. Todays Russia
is facing a paradigm shift and on the eve of a possible
revaluation of many of the things that seemed obvious a
few years ago. Several possible models of development can
be identifi ed on the analysis of the features of the transition
states of political regime in modern Russia. Examining each
of the models one must proceed from the reality, to be more
exact from the established model of a hybrid political regime
with some elements of democracy.
 
10-18 84
Abstract
The article studies the place of international
agreement in Russian law system. The international
agreement is the most important way to integrate the standards
of international law of the Russian law system. International
customs and basic principles of international law are equally
important along with international agreement. The research is
based on 1969 Vienna Convention, 1993 Constitution of the
Russian Federation, 1995 Russian Federation Federal Law
on International Agreement etc. The author also considers
some statements of the documents which form the basis for
international agreements.
 
19-28 90
Abstract
From the angle of forensic linguistics the
article analyses the problems occurring at diagnostics of
harm done to honor, dignity and business reputation. The
current principles of the institute of private non-material
welfare protection have been considered. The tendencies
of defamation laws development have been traced and new
algorithms of semantic studies for the theory of forensic
linguistic expertise have been suggested. New methods of
diagnosing the language markers are described based on the
analysis of communicative goals of a speech illocution act.
 
29-34 121
Abstract
The article is devoted to some aspects of
reimbursement for expenses caused by testators death and
inheritance protection and management. Based on the study
of legal framework, research and educational literature, as
well as law enforcement practice the author clarifi es some
characteristics of the expenses under study and concludes
that they possess a complex and multifaceted structure,
the disclosure of which requires not only improving the
legal framework, but also many years of law enforcement
experiment. It is highlighted that in modern legal literature
the issue of reimbursement features, structure and
systematization of the costs caused by testators death and
inheritance protection and management does not receive
proper comprehensive coverage, which clearly indicates the
perspective of their study from both scientifi c and practical
points of view.
 
34-39 60
Abstract
This article reveals the features of legal
relationships arising from bank guarantee. The current
legislation does not give the grounds to conclude that bank
guarantee is a unilateral transaction independent from the
contract mediating the obligation on its granting. As it follows
the positive law designs the guarantee certifi cate basis as a
legal structure, the contract on granting of a bank guarantee
and the bank guarantee which is given out to execute
the specifi ed contract. This kind of resolution seems not
irreproachable from the point of view of benefi ciarys interests
as it makes the latter dependent on guarantor and principals
mutual relationships.
 
40-43 71
Abstract
This article considers the functional component
of public authorities legal acts which are capable of creating
legal relationships in case of affecting an uncertain circle of
persons. The research is based on the analysis of public
authorities acts addressed to concrete persons and directed
at establishing, changing or terminating certain civil legal
relationships and are valid legal facts. Having carried out the
analysis, the author comes to a conclusion that the statutory
act is a result of legislative activity of competent bodies,
government offi cials and local government. It contains
obligatory rules of behavior (norms) which are not personifi ed
and addressed to an uncertain circle of persons and aims at
constant or long application.
 
44-48 138
Abstract
The article considers the issues intellectual
property current legislation; highlights common features of
intellectual property objects determining their features as
objects of civil laws; reveals the specifi city of the concept
«absolute rights on the results of intellectual activity» from the
point of view of its application.
The author characterizes the common features of
intellectual activity and singles out its results which can be
different products of human mind: scientifi c work, literature,
arts, invention, useful model or production piece.
 
49-52 64
Abstract
The article considers the rules of law
establishing responsibility for the fi nancing of terrorism,
extremist and organized criminal activity as a whole and
criminal community in particular. The destruction of economic
power of the organized crime by depriving it of possibility to do
legal business and use legal enterprise structures for illegal
economic activities can be one of the measures to counteract
the organized crime.
 
53-58 163
Abstract
The article analyzes the ratio of exchange
contracts and barter contracts. The article presents a
comparison of the character of the contracts being carried
out and their content (in an exchange contract theres one
signifi cant condition, in a barter contract the author singles out
at least fi ve conditions). The article deals with the standards
applicable to the regulation of the procedure of the offi cial
registration and execution of such transactions. The author
highlights some distinctive features of the barter transactions
indication. In spite of the existing identity (in the Russian
language) between the terms «exchange» and «barter» in
their lexical meaning, the author comes to the conclusion that
to consider the concepts of « exchange contract» and «barter
contract» to be identical is incorrect.
 
59-61 91
Abstract
The Kazakhstan criminal legislation provides the
following defi nition of crime: Crime is a socially dangerous act
(action or inaction) prohibited by this Code under the threat
of punishment. Thus, the main criterion that distinguishes
criminal from non-criminal is a degree of the social threat of
an offense.
This article focuses on the issues of criminal acts
qualifi cation. It also discusses the concept of substantial
damage and the main and qualifying offense consequences.


Creative Commons License
This work is licensed under a Creative Commons Attribution 4.0 License.


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