Vol 2, No 2 (2016)

Theory of law and state

DUAL NATURE OF THE CONSTITUTION AS A SOURCE OF SOCIAL INTERESTS` EXPRESSION IN THE NATIONAL LAW

Spirin M.Y.

Abstract

The article defines features of the Constitution's essence as

a supreme authoritative act for law-making with dual nature:

ideological (symbolic) act and normative (formal-legal) act. Then

the main types of social interests in national and spatial law

expressed in the Constitution are analyzed.

Juridical Journal of Samara University. 2016;2(2):9-14
pages 9-14 views

Constitutional law

GLOBAL ALIENATION: INFORMATION SEPARATISM AND HUMAN RIGHTS

Volkov V.E.

Abstract

Author analyses the problem of implementation of information

rights in the context of development of communication

technologies. The research of digital mapping services has led to

conclusions about patterns of informing citizens in the situation of

fragmentation of internet environment and proved the hypothesis

of the negative effect of personalization of internet products.

Proposals for additional legal and technical measures of regulation

cross-border transmission of social significant information are made.

Juridical Journal of Samara University. 2016;2(2):15-19
pages 15-19 views

ON THE ISSUE ABOUT THE NATURE AND ROLE OF REFERENDUM IN THE MODERN WORLD ON THE EXAMPLE OF ITS CONDUCTING IN PARTICULAR STATES

Nazartsev E.I.

Abstract

In this paper referendum`s institute is considered, its brief

analysis is given, on the example of four conducted and one

frustrated referendums its nature and value in the modern world is

studied. Also the role of referendums, that are conducting on the

part of the states` territory: on the level of regions and municipal

formations is noted.

Juridical Journal of Samara University. 2016;2(2):20-25
pages 20-25 views

CONSEQUENCES OF CONSTITUTIONAL DELICT AND CAUSE AND EFFECT RELATION BETWEEN AN ACT AND ITS CONSEQUENCE

Stahanova E.Y.

Abstract

The article contains the research of consequences of constitutional

delinquencies. The author analyses constructive features of cause

and effect relation between acts and its consequences. The author

pays special attention to the problem of constitutional liability.

Juridical Journal of Samara University. 2016;2(2):26-31
pages 26-31 views

Civil law

CHARACTERISTICS OF IT PRODUCTS IN THE SYSTEM OF OBJECTS OF INTELLECTUAL PROPERTY

Inyushkin A.A.

Abstract

This article is devoted to the characteristics of main intellectual

property objects related to information technologies. The options

provided by legislation regulated intellectual property rights in the

IT field are investigated. The issues of specific obligations on the

high-tech products are analysed.

Juridical Journal of Samara University. 2016;2(2):32-36
pages 32-36 views

CIVIL CODE OF THE RSFSR OF 1922: BACKGROUND OF ACCEPTANCE AND CONTINUITY OF LEGAL REGULATION

Ruzanova V.D.

Abstract

The article examines socio-political, economic and legal

preconditions of acceptance of the Civil Code of the RSFSR,

1922. It is noted that the publication of the decrees of the Soviet

power – predecessors of the Civil Code was due more to the

revolutionary expediency, rather than to the goals of building a

new system of legislation. This points to the continuity of the

Civil Code of the RSFSR, 1922 to the draft of the Civil Code of

the Russian Empire, in spite of the fact that the Code after the

decree has radically changed some civil institutions, and completely

reversed the others.

Juridical Journal of Samara University. 2016;2(2):37-42
pages 37-42 views

CONCEPT OF THE INSURANCE CONTRACT IN THE PRE-REVOLUTIONARY, SOVIET AND RUSSIAN LAW

Sokol P.V.

Abstract

The article views the concept of the insurance contract in the

draft of the Civil Code of 1905, in the Civil Codes of the RSFSR

of 1922, 1964 and modern Civil Code of the Russian Federation.

The characteristic of the insurance contract is carried out, the

form of the contract is considered.

Juridical Journal of Samara University. 2016;2(2):43-49
pages 43-49 views

Family and housing law

ON THE ISSUE OF SIGNING TENANCY AGREEMENT

Kryukova E.S.

Abstract

The article deals with problems associated with the qualification

of relations arising between the owner of the state and municipal

housing and citizens using residential premises in the fund, but

not having proper documentation confirming the legality of their

rights to housing.

 

Juridical Journal of Samara University. 2016;2(2):50-55
pages 50-55 views

Labour law and social security law

EXTENSION OF GENERAL AND SPECIAL RULES OF THE LABOUR CODE ON THE HEAD OF AN ORGANIZATION

Malinina L.Y.

Abstract

In the present article on the basis of analysis of provisions of

the Labour Code of the Russian Federation the conclusion on

regulation of the rights and duties of the head of an organization

by unity and differentiation of legal regulation of relations in the

sphere of work is drawn. Separate precepts of law which extend to

all workers, including the head of an organization, and organizations

which are specially provided for the head are considered. In the

article the attention is especially paid on the questions of the

maximum term of the employment contract of the head of an

organization, on establishment of the size of the severance pay,

compensation in cases of termination of the employment contract

with the head of an organization, about distribution on the head

of an organization of the guarantees and privileges determined by

the Labor Code of the Russian Federation for all workers.

Juridical Journal of Samara University. 2016;2(2):56-61
pages 56-61 views

Civil process

RUSSIAN MODEL OF JUSTICE: NEW APPROACHES

Ulizko T.A.

Abstract

The article proposes not only limit the justice by the areas of

procedural law, examines the main innovations of the Federal

Law № 379-FZ, Code of professional ethics of notary officers,

analyzes the development trends of notarial system in the interests

of state and society.

Juridical Journal of Samara University. 2016;2(2):62-65
pages 62-65 views

Entrepreneurial and economic law

PART 1 OF ARTICLE 34 OF THE CONSTITUTION OF THE RUSSIAN FEDERATION AS CONCEPTUAL BASIS OF ENTREPRENEURIAL LAW

Pashkov A.V.

Abstract

In the article the analysis of the content of Part 1 Article 34 of the

Constitution of the Russian Federation as a source of entrepreneurial

law is suggested. The analysis of "natural-legal" characteristic of this

law norm in the interrelation with features of formation of entrepreneurial

relations is suggested.

Juridical Journal of Samara University. 2016;2(2):66-72
pages 66-72 views

PERSONAL BANKRUPTCY IN THE RUSSIAN FEDERATION: POSSIBLE PROBLEMS OF APPLICATION OF LEGAL NORMS AND WAYS OF THEIR SOLUTION

Sobenina M.A., Popchenko V.A.

Abstract

The article discusses the procedure of personal bankruptcy

envisaged by the Federal Law «On insolvency (bankruptcy) and

separate legislative acts of the Russian Federation regulating the

procedures applied concerning the citizen-the debtor». The authors

consider the problems in the legal regulation of recognition of a

citizen bankrupt and offer possible solutions to the existing problems:

if the debtor's property is the only shelter in case of departure

outside the Russian Federation the debtor bankrupt is required for

treatment or rehabilitation of person with disabilities.

Juridical Journal of Samara University. 2016;2(2):73-77
pages 73-77 views

Financial and banking law

ANTI-RECESSIONARY MEASURES OF THE GOVERNMENT OF THE RUSSIAN FEDERATION. PROBLEMS OF LEGAL REGULATION AND EVALUATION OF EFFECTIVENESS

Aliev T.T., Ivanov S.D.

Abstract

This article from the point of view of financial law discusses

anti-recessionary measures taken by the Government of the Russian

Federation in the existing socio-economic environment. On the

basis of analysis of normative and legal acts of the Government of

the Russian Federation, comparison of different views of scientists

and experts, the authors express an opinion on the effectiveness of

these measures and propose some methods to improve antirecessionary

policy of the Government of the Russian Federation.

Juridical Journal of Samara University. 2016;2(2):78-82
pages 78-82 views

RESPONSIBILITY FOR INFECTION WITH VENEREAL DISEASE ACCORDING TO THE SOVIET CRIMINAL LEGISLATION

Norvartyan Y.S.

Abstract

The characteristics of construction of the composition of venereal

diseases’ infection in the Russian criminal legislation throughout

the Soviet period are analyzed in this article. This allowed the

author to identify the specific algorithm of legislative regulation of

criminal responsibility for the crime, which is under consideration,

according to the Criminal Code of RSFSR of 1922, 1926, 1960.

Juridical Journal of Samara University. 2016;2(2):83-87
pages 83-87 views

CRIMINAL AND LEGAL PROTECTION OF HOODWINKED INVESTOR

Ogorodnikova N.V., Ishchenko A.V.

Abstract

In the article the problem of hoodwinked investors is viewed

and the necessity of protection with the use of criminal and legal

means of the constitutional right to housing in the performance of

a contract of equity participation is substantiated. The attention is

focused on increased social danger of fraud in the sphere of the

shared construction of apartment buildings. The authors formulated

the proposed changes to the criminal law in the part of additions

of qualifying signs of fraud and, consequently, increasing the

punishment for cheating the participants of shared construction.

Juridical Journal of Samara University. 2016;2(2):88-93
pages 88-93 views

Criminal science

ALL-SOCIAL PREVENTION OF CRIMINAL ENCROACHMENTS CONNECTED WITH PROSTITUTION: QUESTIONS OF LEGISLATIVE REGULATION AND ORGANIZATIONAL SUPPORT

Alikhadzhiyeva I.S.

Abstract

In the article the system of all-social measures of counteraction

to negative consequences of prostitution and to the crimes related

with it is considered. On the basis of criminological analysis

which is carried out by the author, including sociological and

expert polls, the list of concrete all-social measures directed to the

prevention of the studied acts is given. Proposed measures are

systematized taking into account the proposal of the author

on introduction of prostitution into legal system of the state.

Juridical Journal of Samara University. 2016;2(2):94-102
pages 94-102 views

Tribune of young scientist

ON TERRITORIAL PRINCIPLE IN THE DEFINITION OF CASES INVOLVING FOREIGN PERSONS THAT ARE SUBJECT TO THE JURISDICTION OF RUSSIAN COURTS

Irismambetova N.E.

Abstract

In this article the author analyzes the principles of international

jurisdiction in the procedural law of foreign countries and in the

civil procedural law of the Russian Federation. Also the issues

of relationship between the concepts of international jurisdiction

and territorial jurisdiction under the law of civil procedure are

touched upon.

Juridical Journal of Samara University. 2016;2(2):103-107
pages 103-107 views

Reviews

REVIEW OF AN OFFICIAL OPPONENT ON THE THESIS OF SERGEY IVANOVICH PAKANICH «RIGHT OF UNDER AGED CONVICTED ON PERSONAL SECURITY AND ITS ENSURING AT PERFORMANCE OF CUSTODIAL SENTENCE» presented on the competition for a science degree of the Candidate of

Adoevskay O.A.

Abstract

The review is devoted to the thesis of S.I. Pakanich, where

topical issues of improvement of the mechanism of realization of

the rights of the convicted on personal security in juvenile

correctional facilities.

 

Juridical Journal of Samara University. 2016;2(2):108-112
pages 108-112 views

REVIEW ON THE EXTENDED ABSTRACT OF THESIS OF ELENA ALEXEEVNA DROZHZHINA «SOCIAL SECURITY AS AN OBJECT OF CRIME», presented on the competition for a science degree of Candidate of Juridical Sciences on a specialty 12.00.08 – Сriminal law and criminolog

Motin O.A.

Abstract

In the review the author marked the positive aspects of the

conducted by an applicant of a science degree of scientific research,

as well as discussion points to the identified point of operation and

terminology flaws used in the thesis abstract. As a result, the

conclusion of relevance of a scientific and qualifying paper

requirements stipulated by the Regulations on the procedure for

the award of science degrees in the Russian Federation is made.

Juridical Journal of Samara University. 2016;2(2):113-116
pages 113-116 views

Events

LET’S UNITE WITH LEGAL KNOWLEDGE! THEORETICAL JURISPRUDENCE OF THE SAMARA UNIVERSITY ON THE WAY OF DEVELOPMENT

Spirin M.Y.

Abstract

С сентября 2012 года на юридическом факультете Самарского национального исследовательского университета им. С.П. Королева успешно функционирует научный студенческий кружок по теоретической юриспруденции, традиционно объединяющий в своих рядах лучших первокурсников юрфака, стремящихся не просто изучить азы юриспруденции в ходе учебных занятий, но и «прогрызть» несколько метров гранита юридической науки уже в первый год своего обучения.Кружком руководит доцент кафедры теории и истории государства и права; международного права юридического факультета М.Ю. Спирин; старостами кружка в разное время были студенты: Екатерина Захарова (2012/13 учебный год), Ринат Киселев (2013/14 учебный год), Яна Баева (2014/15 учебный год), Кассандра Хачирова (2015/16 учебный год).

Juridical Journal of Samara University. 2016;2(2):117-118
pages 117-118 views

IMMANUEL KANT ABOUT THE LAW AND POSSIBILITIES OF ITS PERCEPTION

Maskin K.A.

Abstract

The brief communication contains the research of Kant’s doctrine of law. The author analyses possibilities of perception of law, pays special attention to the Kant’s legal terminology such as definitions of personality, law, morality and categorical imperative.

Juridical Journal of Samara University. 2016;2(2):119-121
pages 119-121 views

LEGAL NIHILISM AS THE PROBLEM OF RUSSIAN LEGAL SENSE

M. V.N.

Abstract

В публикуемой статье рассмотрены основные причины рас-
пространения правового нигилизма как социального явле-
ния, выявлены его исторические корни, обозначены основ-
ные направления действий по его преодолению.

 

 

Juridical Journal of Samara University. 2016;2(2):122-124
pages 122-124 views

JUDICIAL PRACTICE AS THE SOURCE OF RUSSIAN LAW

Karapetyan A.A.

Abstract

In this article communication the recognition of judicial practice as one of the main sources of Russian law is discussed. Also bothpositive and negative sides of this fact are provided.

Juridical Journal of Samara University. 2016;2(2):125-127
pages 125-127 views

RELATIONSHIP AND PROSPECTS OF DEVELOPMENT OF THE JUDICIAL PRECEDENT AND JUDICIAL PRACTICE AS THE SOURCES OF RUSSIAN LAW

Glukhov A.S.

Abstract

We consider the relationship between the concepts «judicial precedent» and «judicial practice» as well as the possibility of recognition of judicial precedent and judicial practice as the official sources of Russian law.

Juridical Journal of Samara University. 2016;2(2):128-129
pages 128-129 views

RATIO OF GOALS AND FUNCTIONS OF LEGAL RESPONSIBILITY

Belova A.V.

Abstract

This article is dedicated to the methodological problem of ratio of goals and functions of legal phenomena on the example of an institute of legal liability. First of all, author demonstrates the dialectical relationship between the ideas of purpose and function, and also pays attention to the content analysis. Along with that, the carried out research poses several problems in the correlation of purposes and functions of legal liability: the complexity of realization of functions as the foundation of achieving goals of legal liability; possibility of achieving goals of legal liability at partial realization of functions of legal liability, possibility of separation of basic and additional goals of legal liability on the basis of research of system provided implementation of its functions.

Juridical Journal of Samara University. 2016;2(2):130-133
pages 130-133 views

CLASSICAL TYPES OF SYSTEMATIZATION IN ROMANO-GERMANIC LEGISLATION: FRENCH, GERMAN AND SWISS CODIFICATIONS

Markova M.M., Khachirova K.B.

Abstract

In this article communication the types of codifications in Romano-Germanic legislation are described and their maincharacteristics are analyzed.

Juridical Journal of Samara University. 2016;2(2):134-136
pages 134-136 views

OFFICIAL AND UNOFFICIAL (COMMERCIAL) LEGAL REFERENCE SYSTEMS: THEIR INFORMATION AND REGULATORY VALUE

Ubasev V.V.

Abstract

This article communication is devoted to such type of computer databases as legal reference systems. The issues of history of the beginning and development of these databases are viewed, information and regulatory value of such systems at the present stage of theirdevelopment is defined.

Juridical Journal of Samara University. 2016;2(2):137-139
pages 137-139 views

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