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Moscow Juridical Journal

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No 2 (2013)
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5-11 110
Abstract
The article analyzes the draft of the Federal Law "On the federal contract system in the procurement of goods, works and services.” The norms of the bill are compared with the current Federal Law "On placing orders for goods, works and services for state and municipal needs” and the Provision of treasury outsourcing and supply (published in 1900). The system of principles proposed in the bill and the total content of these regulations are considered in the comparative legal aspect. According to the results of the study the author finds the positioning of the proposed government bill as "... a fundamentally new law” incorrect.
 
12-15 61
Abstract
The article is devoted to one of the central problems of the Old Testament - God's place in the world, interrelations of God and man, value of the divine law in man's life. The basic idea of the Old Testament is the submission of the history of mankind and world laws to the Lord. In the context of the history of law the author considers the agreement with Abraham, the contract with Noah, forms and conditions of making a contract between God and man. Attempts to comprehend man's position, the system of power and law relationships regulating human behaviour and social development can also be considered as the most important issues of political and legal ideas of the Old Testament.

SCIENTIFIC LIFE

ROSTRUM FOR YOUNG SCIENTISTS

53-58 79
Abstract
The article presents the enforcement procedure of a constitutional right to health care and personal security as constitutional responsibility of the state. Considering that some medical activities involve the use of sources of increased danger, e.g. drugs, the problem of drug safety is alarming. To solve it and realize a constitutional right to health care it is necessary to create safe conditions by developing legislation in the field of drug safety ensuring.
59-67 107
Abstract
The article considers the specificity of legislative regulation of the office termination for judges. The former Soviet Union legislation and its specification in the Union Republics are analyzed. The conclusion is made that during the period under study the legislative regulation of office termination for judges was in the process of continuous improvement: the transfer to the republican level of legislative regulation of the judicial system and legal proceedings stimulated the process of active rulemaking by the republics. The positive moment in legal regulation of judges' office termination was the adoption of laws on the order of judges' early revocation during judicial reform of 1956-1977. These acts weakened the role of executive committees in the procedure of termination of judges' office, making a step towards forming a truly independent judiciary.

ЧАСТНОЕ ПРАВО И ПРЕДПРИНИМАТЕЛЬСТВО

16-22 100
Abstract
The article analyzes different perspectives on the concept of guilt of a juridical person. The sole and absolute basis for the application of measures of legal responsibility to a civil offender is a crime. It should be noted that within the framework of social relations governed by a specific branch of the law, the nature of offenses is not homogeneous. They are heterogeneous in civil law relations as well. Respectively different are the conditions under which a person becomes responsible and measures applied in this context to the offender.
23-28 122
Abstract
The article examines the general concept of prohibition, especially the prohibition in civil law regulation, forms and types of bans in civil matters, and the ratio of permissible restrictions in the civil law as a whole, practical use of prohibitions in civil matters. The author analyzes the legal nature of prohibitions both in civil and other areas of law and describes the nature of permissible regulation of civil relations. Some suggestions are made concerning appropriate changes to the current law on the application of prohibitions in civil matters.
29-33 93
Abstract
The article considers a topical issue of introducing the institute of state-private partnership in the contractual sphere of public relations regulation. For implementing the stated task the author researches the mechanism of legal regulation of state-private partnership and specific principles of contractual regulation on the basis of which a rapprochement occurs between public and private in counter-agent relationships. The features of contractual relations are described by example of investing in concessions, special economic zones and product distribution agreements. It is concluded that the enhancement of freedom of contract principle and principle of equality of participants of a contractual regulation process in the forthcoming innovations of the civil law is advisable.
34-38 70
Abstract
The article is concerned with the notion of moral damage in the theory of civil law and Russian legislation. On a limited scale the author explores the issues of civil rights protection, its forms, means and methods. From the historical perspective the author looks at the concept of citizen's right to compensation for moral damage, its meaning in legislative norms and single acts. "Moral damage” is considered as a derivative of the word «morality» from the view point of rules of behavior based on people's perceptions of good and evil, dignity and honor, justice and debt thus measuring and evaluating the activities of individuals, organizations and other entities. The diversity of interpretations of "moral damage” and application of this concept in the normative-legal acts of the Russian Federation is researched.
39-46 117
Abstract
The article analyzes the constitutional norms, positions of the Constitutional Court of the Russian Federation, general provisions of the Civil Code of the Russian Federation providing the bases, ways and cases of the compulsory termination of a property right. It is concluded that differentiation is needed between deprivation and compulsory alienation of property as ways of restricting owners' property rights. The author highlights some internal contradictions of the content of Article 235 and some provisions of Chapter 15 of the Civil Code of the Russian Federation and offers a classification of restrictions allowed both by the system of «restrictive» legislation operating under ordinary social conditions and the system of restrictions enforced on the basis of federal constitutional laws in state of emergency or military provisions.

УКРЕПЛЕНИЕ ЗАКОННОСТИ, БОРЬБА С ПРЕСТУПНОСТЬЮ

47-52 80
Abstract
The article presents a comparative analysis of the responsibility for infringement of driving rules and military machines operation established by criminal legislations of Ukraine and the Russian Federation. The research revealed some positive results such as a legislative design of Article 350 of the Criminal Law of the Russian Federation regarding differentiation of criminal liability according to the weight of socially dangerous consequences and determination of kinds of punishment in the sanction of the main elements of crime. On considering the real qualification of such offences in Ukraine, respondents' views on the current legislation and criminal statistics the author offers some recommendations how to improve the legislative rules.


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