Vol 2, No 2 (2016)
- Year: 2016
- Articles: 27
- URL: https://journals.ssau.ru/jjsu/issue/view/239
Theory of law and state
DUAL NATURE OF THE CONSTITUTION AS A SOURCE OF SOCIAL INTERESTS` EXPRESSION IN THE NATIONAL LAW
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.
Constitutional law
GLOBAL ALIENATION: INFORMATION SEPARATISM AND HUMAN RIGHTS
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.
ON THE ISSUE ABOUT THE NATURE AND ROLE OF REFERENDUM IN THE MODERN WORLD ON THE EXAMPLE OF ITS CONDUCTING IN PARTICULAR STATES
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.
CONSEQUENCES OF CONSTITUTIONAL DELICT AND CAUSE AND EFFECT RELATION BETWEEN AN ACT AND ITS CONSEQUENCE
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.
CHARACTERISTICS OF IT PRODUCTS IN THE SYSTEM OF OBJECTS OF INTELLECTUAL PROPERTY
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.
CIVIL CODE OF THE RSFSR OF 1922: BACKGROUND OF ACCEPTANCE AND CONTINUITY OF LEGAL REGULATION
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.
CONCEPT OF THE INSURANCE CONTRACT IN THE PRE-REVOLUTIONARY, SOVIET AND RUSSIAN LAW
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.
ON THE ISSUE OF SIGNING TENANCY AGREEMENT
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.
EXTENSION OF GENERAL AND SPECIAL RULES OF THE LABOUR CODE ON THE HEAD OF AN ORGANIZATION
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.
RUSSIAN MODEL OF JUSTICE: NEW APPROACHES
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.
PART 1 OF ARTICLE 34 OF THE CONSTITUTION OF THE RUSSIAN FEDERATION AS CONCEPTUAL BASIS OF ENTREPRENEURIAL LAW
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.
PERSONAL BANKRUPTCY IN THE RUSSIAN FEDERATION: POSSIBLE PROBLEMS OF APPLICATION OF LEGAL NORMS AND WAYS OF THEIR SOLUTION
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.
ANTI-RECESSIONARY MEASURES OF THE GOVERNMENT OF THE RUSSIAN FEDERATION. PROBLEMS OF LEGAL REGULATION AND EVALUATION OF EFFECTIVENESS
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.
RESPONSIBILITY FOR INFECTION WITH VENEREAL DISEASE ACCORDING TO THE SOVIET CRIMINAL LEGISLATION
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.
CRIMINAL AND LEGAL PROTECTION OF HOODWINKED INVESTOR
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.
ALL-SOCIAL PREVENTION OF CRIMINAL ENCROACHMENTS CONNECTED WITH PROSTITUTION: QUESTIONS OF LEGISLATIVE REGULATION AND ORGANIZATIONAL SUPPORT
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.
Tribune of young scientist
ON TERRITORIAL PRINCIPLE IN THE DEFINITION OF CASES INVOLVING FOREIGN PERSONS THAT ARE SUBJECT TO THE JURISDICTION OF RUSSIAN COURTS
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.
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
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.
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
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.
Events
LET’S UNITE WITH LEGAL KNOWLEDGE! THEORETICAL JURISPRUDENCE OF THE SAMARA UNIVERSITY ON THE WAY OF DEVELOPMENT
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).
IMMANUEL KANT ABOUT THE LAW AND POSSIBILITIES OF ITS PERCEPTION
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.
LEGAL NIHILISM AS THE PROBLEM OF RUSSIAN LEGAL SENSE
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.
JUDICIAL PRACTICE AS THE SOURCE OF RUSSIAN LAW
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.
RELATIONSHIP AND PROSPECTS OF DEVELOPMENT OF THE JUDICIAL PRECEDENT AND JUDICIAL PRACTICE AS THE SOURCES OF RUSSIAN LAW
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.
RATIO OF GOALS AND FUNCTIONS OF LEGAL RESPONSIBILITY
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.
OFFICIAL AND UNOFFICIAL (COMMERCIAL) LEGAL REFERENCE SYSTEMS: THEIR INFORMATION AND REGULATORY VALUE
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.