Vol 1, No 2 (2015)

Full Issue

Theory of law and state

JUDICIAL LAW IN THE CONTEXT OF DEVELOPMENT PROSPECTS OF RUSSIAN LEGAL SYSTEM

Spirin M.Y., Maryina E.V.

Abstract

The article deals with such terms as «source of law» and «form of law» that are analyzed and compared. The problem of judicial precedent in Russia is studied. The possibility of recognition of superior courts’ decisions as judicial precedents is considered.

Juridical Journal of Samara University. 2015;1(2):21-26
pages 21-26 views

Constitutional law

POLITICAL AND SCIENTIFIC ACTIVITIES IN THE CONTEXT OF INFORMATION: PROBLEMS OF IMPLEMENTATION OF THE FEDERAL LAW «ON NONCOMMERCIAL ORGANIZATIONS»

Volkov V.E.

Abstract

In the article the problem of determining the boundaries of scientific and political activity in conditions of implementation of the Federal Law «On noncommercial organizations» that establishes restrictions for organizations that carry out functions of foreign agents is observed. The author on the basis of expert estimate analyzes the current law-making activity in the sphere of practice of separating science from political influence. As a result, the author concludes that information aspect of scientific activity plays a crucial role in the determination of its political meaning. The purpose of mass dissemination of scientific information among people who do not have specialized knowledge to critically analyze
the information understood as going beyond the scientific work and participation in the political struggle at the stage of formation of public agenda.

Juridical Journal of Samara University. 2015;1(2):33-38
pages 33-38 views

PARTICIPATION OF CIVIL GROUPS IN RUSSIAN POLITICAL PROCESSES: TERMINOLOGY, CLASSIFICATION

Karasev D.V.

Abstract

The article is devoted to the problems of participation of civil groups in political processes, their influence on the stability of political system. Author reveals the experience of foreign countries, introduces original terminology and classification of civil groups. In the end the author comes to the conclusion about the necessity of involving civil groups in political processes by means of their stimulation.

Juridical Journal of Samara University. 2015;1(2):39-42
pages 39-42 views

REGULATORY FRAMEWORK OF THE INSTITUTE OF PUBLIC EXAMINATION IN THE RUSSIAN FEDERATION

Polovnikova I.S.

Abstract

This article focuses on the legal framework and practice of use of an institute of public examination, which ensures implementation of constitutional law on the participation of citizens in managing the affairs of state set out in the Article 32, par. 1 of the Constitution of the Russian Federation.

Juridical Journal of Samara University. 2015;1(2):43-48
pages 43-48 views

CONSTITUTIONAL LEGAL GUARANTEES OF PROTECTION OF LABOR RIGHTS IN THE RUSSIAN FEDERATION

Shabanova D.E.

Abstract

The article deals with normative content of constitutional and legal regulation in the sphere of labour, analysis of mechanisms for the protection of constitutional right to work is presented, and comparative data on the results of control and supervisory bodies in this area are presented.

Juridical Journal of Samara University. 2015;1(2):49-53
pages 49-53 views

Administrative law and process

IMPLEMENTATION ISSUES OF STATE FINANCIAL CONTROL LEGISLATION: BY EXPERIENCE OF STATE FINANCIAL CONTROL SERVICE OF THE SAMARA REGION

Mikheeva O.A.

Abstract

This article contains description of main problems identified during control activities by recently established State Financial Control Service of the Samara Region. This article also shows possible ways to resolve them, including federal and regional legislative activity.

Juridical Journal of Samara University. 2015;1(2):54-60
pages 54-60 views

Civil law

SYSTEMATICITY OF CIVIL LEGISLATION: ASSESSMENT OF NOVELS IN RUSSIAN CIVIL CODE

Ruzanova V.D.

Abstract

The article is devoted to the issues of procuring of systematic civil legislation under conditions of its substantial renovation. These issues are studied by author in consideration of legal innovations in the areas of transactions invalidity, legal entities institute, and general thesis on obligations. On the basis of carried out analysis, it is concluded that the novels in these areas do not fully meet the needs of systematicity of civil legislation.

Juridical Journal of Samara University. 2015;1(2):61-71
pages 61-71 views

Family and housing law

EFFECTS OF UNAUTHORIZED ALTERATIONS TO THE CONFIGURATION AND LAYOUT OF DWELLINGS

Kryukova E.S.

Abstract

The article analyzes standards of housing legislation that are dedicated to conditions and procedures for implementation of alterations to the configuration and layout of dwellings. The need to modify the rules of Housing and Civil Codes of the Russian Federation that are dedicated to the grounds in termination of the right of ownership and termination of residential lease agreement in the part of effects of realization of unauthorized alterations to the configuration and layout of dwellings is substantiated.

Juridical Journal of Samara University. 2015;1(2):72-79
pages 72-79 views

Labour law and social security law

WAGE AND AGENCY LABOR UNDER THE LEGISLATION OF THE RUSSIAN FEDERATION: PROBLEMS OF QUALIFICATION

Bronnikova M.N.

Abstract

Based on the analysis of new legal provisions of the Labour Code of the Russian Federation to ban agency labor and modern jurisprudence, criteria for defining agency labor are established; the concept of an interest in the performance of work, management of labour work, progress monitoring are defined; trends in changing legal practice after 1 January, 2016 are marked

Juridical Journal of Samara University. 2015;1(2):80-86
pages 80-86 views

SOME ASPECTS OF PROTECTION OF LABOR OF WOMEN EMPLOYED IN THE ROAD SECTOR

Gorbacheva A.V.

Abstract

This article describes the general rules of the Labour Code of the Russian Federation and the special rules, approved by the Government of the Russian Federation, which regulate the protection of labour of women employed in the road sector. Due to the fact that weaknesses of certain norms such as labor law, and special rules were identified, the author makes suggestions for their improvement.

Juridical Journal of Samara University. 2015;1(2):87-95
pages 87-95 views

Criminal law

REGULATORY FUNCTION OF SYSTEM SAVING MECHANISM IN RUSSIAN CRIMINAL LAW

Denisova A.V.

Abstract

The article deals with the analysis of regulatory function of system saving mechanism in the branch of criminal law that is concluded in organizing criminal-legal relations, giving the required level of plasticity to existing criminal law norms and institutions, establishing hierarchy of branch’s formal legal sources. The knowledge of this function is a prerequisite for understanding and explanation of structure and action of system saving mechanism in Russian criminal law.

Juridical Journal of Samara University. 2015;1(2):96-101
pages 96-101 views

RESPONSIBILITY FOR CONTAMINATION BY INFECTIOUS DISEASES THAT POSE A DANGER FOR THE WIDER PUBLIC ACCORDING TO THE PENAL CODE OF CRIMINAL AND CORRECTIVE PENALTIES, 1845

Norvartyan Y.S.

Abstract

The problem of formation of Russian criminal legislation about the contamination by infectious diseases, that pose a danger for the wider public, is examined in this article. Тhe main attention is focused on the structure of normative regulations, that establish responsibility for the offenses, and their location in the Penal Code of Criminal and Corrective Penalties of 1845.

Juridical Journal of Samara University. 2015;1(2):102-106
pages 102-106 views

Criminal procedure

ANALYSIS OF THE PRACTICE OF INQUIRY IN THE ABBREVIATED FORM ON THE MATERIALS OF THE SAMARA REGION

Zakotyansky A.S.

Abstract

In the article on the example of the practice of the Samara Region the problems arising from the inquiry in the abbreviated form are analyzed, and possible way of solving them is suggested.

Juridical Journal of Samara University. 2015;1(2):107-113
pages 107-113 views

QUESTIONS OF THE PROOF IN THE LIGHT OF THE IDEA OF FORMATION IN THE RUSSIAN FEDERATION OF AN INSTITUTE OF AN INVESTIGATIVE JUDGE

Lazareva V.A.

Abstract

In the article debatable problems of the proof in connection with an initiative of reforming of preliminary investigation and creation of an institute of an investigative judge are analyzed. Possible influence of this process on the status of participants of the criminal trial, ensuring competitiveness and equality of the parties, increase of independence of the judicial authority and an efficiency of justice is considered.

Juridical Journal of Samara University. 2015;1(2):114-121
pages 114-121 views

CRIMINAL PROCEDURE AND CRIMINAL JUSTICE IN RUSSIA

Romashov R.A.

Abstract

In the article the analysis of the relationship between the concepts of procedure and justice is carried out; stages of formation and development of Russian system of criminal justice are identified; Soviet stage of development of criminal justice and formation of modern system of criminal justice is lit.

Juridical Journal of Samara University. 2015;1(2):122-127
pages 122-127 views

HISTORICAL ANALYSIS OF PROGRESS OF INQUIRY IN DOMESTIC CRIMINAL LEGAL PROCEEDINGS

Yarigina L.A.

Abstract

The article is devoted to the history of occurrence and progress of inquiry in domestic criminal legal proceedings. Considering fluctuations of the legislator and problems of practice, as well as constant draining of inquiry with investigation and again its revival in a primeval type, it is concluded that the essence of inquiry is «pre–investigation» check by the methods which are peculiar to the stage of initiation of a criminal case.

Juridical Journal of Samara University. 2015;1(2):128-133
pages 128-133 views

International law

PROBLEMS OF INCONSISTENCY OF DOMESTIC AND INTERNATIONAL LAW AND SOLUTIONS OF THESE PROBLEMS

Shmeleva M.V.

Abstract

The author considers the importance of international law policy, based on the norms of international law, and tasks of this policy in the life of modern society. As a result of the research, the author comes to the conclusion that the interaction of domestic and international law, will have a positive impact not only on national legislation, but actually to change the whole law system of states through the implementation of international law norms in the national law system.

Juridical Journal of Samara University. 2015;1(2):27-32
pages 27-32 views

Tribune of young scientist

CONCEPTS «LEGAL PERSONALITY», «LEGAL COMPETENCE», «LEGAL CAPACITY» OF LEGAL ENTITIES

Kirsanova A.V.

Abstract

The article analyzes the concepts of «legal personality», «legal competence» of juridical entities and individuals. The capacity of
juridical entities and individuals is compared, examples of restrictions of legal capacity of juridical entities are viewed. Particular attention is paid to the correlation between legal capacity and legal competence of juridical entities.

Juridical Journal of Samara University. 2015;1(2):134-141
pages 134-141 views

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