Vol 3, No 2 (2017)

Theory of law and state

«LAW OF WAR» IN THE CONTEXT OF SOURCES OF NATIONAL AND INTERNATIONAL LAW: HISTORICAL ASPECT

Ochkasova I.V., Yudina T.F.

Abstract

The most important Institute of international law – «the law

of war» was formed in the Russian state from the first years of its

emergence by force of timocratic nature of the state. The

development of international relations of Ancient Rus is confirmed

by the first written international treaties with Byzantium, where

some elements of this concept were presented. With the development

of state under the influence of geopolitical, religious and other

factors follows further evolution of this institution and its

establishment in other sources of Russian law, such as international

treaties, article lists, monuments of law and others.

 

Juridical Journal of Samara University. 2017;3(2):9-16
pages 9-16 views

Administrative law and process

EVOLUTION OF ELECTION LAW AND ITS GENERAL PRINCIPLES IN THE REPUBLIC OF CHILE

Nayartsev E.I.

Abstract

In this paper election legislation of Chile is viewed, principles

of its construction, history of formation and modern state are also

viewed, evaluation of plus and minus sides of this state legislative

provisions is given in comparison with the native provisions

of election legislation.

 

Juridical Journal of Samara University. 2017;3(2):17-23
pages 17-23 views

LEGAL NATURE OF THE EMPLOYMENT CONTRACT IN THE PERIOD OF ESTABLISHMENT OF INDUSTRIAL RIGHT

Shabanova D.E.

Abstract

The article presents a historical analysis of establishment of

industrial right, expansion of private industrial right up to the

level of a new scientific discipline, and the legal nature of the

employment contract as an agreement that has a specific internal

structure is also assessed. In the context of comparative legal study

the subject and form of the employment contract, the parties to

the employment contract and its content are viewed.

Juridical Journal of Samara University. 2017;3(2):24-30
pages 24-30 views

Civil law

URGENT PROBLEMS OF CIVIL PROTECTION OF CONSUMER INTEREST

Anisimov V.A.

Abstract

The article reviews some aspects of nature of consumer’s legal

status. It is noted that the consumer is generally viewed as the

weaker party of property relations. The criteria elaborated by the

doctrine which are the cornerstone of the consumer’s recognition

as the weaker party to the relations are critically evaluated. The

author gives grounds for his conclusion that the fixing of the

consumer’s legal status as the weaker party is based upon the

differences of interests of the parties to the consumer relations. It

is indicated that the phenomenon of consumer’s interest and the

mechanism of its realisation require complex research.

 

Juridical Journal of Samara University. 2017;3(2):31-38
pages 31-38 views

WAYS OF PROTECTION FROM UNFAIR CONTRACT TERMS

Tuzhilova-Ordanskaya E.M.

Abstract

This article is devoted to the problem of protection from unfair

contract terms which is considered by the author in the light of

changes made March 14, 2014 by the resolution of the Plenum of

the Supreme Arbitration Court. The author analyzes the concept

and signs of unfair contract terms, and also mechanism of protection

of contract weakness party from specified unfair terms.

 

Juridical Journal of Samara University. 2017;3(2):39-43
pages 39-43 views

ON THE ISSUE ABOUT THE FEATURES OF OBJECT OF CONSUMER CREDIT AGREEMENT

Fedulina E.V.

Abstract

In the article the author analyzes problem of determining essential

condition of consumer credit agreement, i.e. its object, in which

quality acts money. At the same time the author pays special

attention to an ambiguous understanding of this category.

In particular, that electronic money can be cash.

Juridical Journal of Samara University. 2017;3(2):44-48
pages 44-48 views

Labour law and social security law

CONCLUSION OF THE FIXED-TERM EMPLOYMENT CONTRACT IN A MANDATORY MANNER

Osipova S.V.

Abstract

In this article, the grounds for conclusion of a fixed-term

employment contract are considered (mandatory for the time of

the performance of duties of the absent employee, performance

of temporary, seasonal work, with persons sent to work abroad,

etc.). Examples are given from judicial practice concerning

guarantees provided to employees when concluding fixed-term

employment contracts. In the publication, in order to protect the

rights of employees, a number of measures are proposed, including

those on the improvement of legal regulation in this sphere.

Juridical Journal of Samara University. 2017;3(2):49-59
pages 49-59 views

ON THE ESSENCE OF THE INSTITUTE OF MAGISTRATE

Gubina E.N.

Abstract

The given article is devoted to the topical issues of the definition of

the essence of the institute of magistrates in the Russian Federation.

Different approaches to the understanding of the term «magistrate»,

and also the results of the investigation of legislation are analyzed. The

correlation of such notions as «magistrate court», «magistrate» and «lay

justice». As a result it is noted that further development and improvement

of legislation regulating the activity of magistrates is needed.

Juridical Journal of Samara University. 2017;3(2):60-63
pages 60-63 views

Criminal law

ABOUT THE FEATURES OF STATUTORY PROVISION IN THE THEORY OF CRIMINAL LAW

Idrisov N.T.

Abstract

In the article the author analysed the features of statutory

provision, specially highlighted on the base of existing law theories

definitions of statutory provision. The author gives his own opinion

about the need or absence of need of highlighted features of statutory

provision, points out the difference between terms «rule of law»

and «statutory provision», given his own definition of statutory

provision in its social and legal aspects.

 

Juridical Journal of Samara University. 2017;3(2):64-69
pages 64-69 views

DYNAMICS OF DANGER IN CRIMINAL AND EXECUTIVE SYSTEM: QUESTIONS OF CLASSIFICATION

Useev R.Z.

Abstract

The article is devoted to the questions of classification

of dynamics of danger in a penal correction system of the Russian

Federation. In the article the author suggests to classify dangers in

the penitentiary sphere on preliminary danger, danger threat, fact

violation and consequences of danger.

Juridical Journal of Samara University. 2017;3(2):70-74
pages 70-74 views

Criminal procedure

ON THE PROBLEM BASED ON THE DISTRIBUTION OF A SEARCH AND A SEIZURE AS SELF-INVENTIVE INVESTIGATIONS

Drobinin D.V.

Abstract

In the article questions of ratio of a search and a seizure as

independent investigative actions are considered. Comparison of

standards of the criminal procedure law, determination of the

purpose, an order of production and the fixing of a search and a

seizure is carried out, the general signs of the specified investigative

actions, and investigative situations where they are carried out are

allocated. Based on the analysis of informative and tactical factors

of a search and a seizure the defining criteria of their differentiation

are designated.

 

Juridical Journal of Samara University. 2017;3(2):75-79
pages 75-79 views

PARTICIPATION OF THE PROSECUTOR IN THE APPEALS PRODUCTION

Proskurina T.Y.

Abstract

Despite the efforts of the legislator to exclude mistakes in the

investigation of criminal cases and their consideration by the court,

as well as to ensure the rights of the individual, the possibility of

judicial errors remains in the criminal process. Verification of the

legality and validity of court decisions by the court of appellate

instance is an important guarantee for the performance of the

appointment of criminal proceedings. In this regard, it seems

timely and relevant to address the problems of the participation of

the prosecutor in the consideration of the case by the court of

appeal. It is important to clarify its role in securing a lawful,

justified and fair verdict, as the subject of the obligation to prove

the guilt of the defendant, as well as the duty to ensure the legality

and completeness of the preliminary investigation, compliance

with procedural legislation and the proper application of criminal

law in criminal proceedings.

 

Juridical Journal of Samara University. 2017;3(2):80-86
pages 80-86 views

CRIMINALLY-REMEDIAL LEGAL STANDING: PROBLEM STATEMENT

Taran A.S.

Abstract

Legal personality is traditionally developed within the framework

of the science of the theory of state and law and civil law. The

article notes the intensification of research on civil procedural,

arbitration procedural personality. The relevance of the research

of the category «legal personality» in relation to criminal procedural

legal relations is substantiated. A conclusion is made about its

theoretical and practical significance in criminal proceedings.

 

Juridical Journal of Samara University. 2017;3(2):87-92
pages 87-92 views

GENERAL PROVISIONS OF IMPLEMENTATION OF PRELIMINARY INQUIRIES BY THE OFFICERS OF THE FEDERAL PENITENTIARY SERVICE OF RUSSIA

Fetishcheva L.M.

Abstract

In the course of application of norms of criminal-procedural

legislation of the Russian Federation members of the FSIN of Russia,

there are problems regarding the urgent investigative actions. This is

due to the fact that the Code of Criminal Procedure of Russia hereinafter,

the Code) is not given sufficient attention to the explanation of the

activities of the FSIN of Russia as a body of inquiry. In this connection

it is necessary to consider the General provisions of the implementation

of the inquiry by the members of the FSIN of Russia.

 

Juridical Journal of Samara University. 2017;3(2):93-95
pages 93-95 views

Tribune of young scientist

LEGAL PROBLEMS OF RELATIONS AND IMPLEMENTATION OF THE STATUS OF LAWYER AND MEDIATOR

Vainerman F.V.

Abstract

In this article, the mediation procedure is considered as nonjudicial

activities aimed at resolving a legal dispute; substantiates

the understanding of mediation activities as civil activities, not

procedural. The lawyers may act as mediators in a mediation that

raises a number of legal issues associated with combining two

separate statuses – the status of the lawyer and the status of the

mediator. The article outlines these practical problems and ways

of their solution.

Juridical Journal of Samara University. 2017;3(2):96-100
pages 96-100 views

COOPERATION OF THE PARTIES AS A PRINCIPLE OF THE LAW OF OBLIGATIONS

Gurova E.A.

Abstract

In the article different approaches to the notion of the principle

of cooperation of the parties for the achievement of the aim

of obligation, to its correlation with the principle of reliability are

viewed, and also the conclusion about the reasonability of

consolidation of the principle of cooperation as an individual

principle of the law of obligations is made.

 

Juridical Journal of Samara University. 2017;3(2):101-106
pages 101-106 views

PROTECTION OF RIGHTS AND INTERESTS OF CHILDREN ADOPTED BY FOREIGN CITIZENS IS THE DUTY OF THE STATE

Kamalyan M.A.

Abstract

This article illustrates the issue of the termination of children’s

citizenship adopted by foreign citizens. The state loses the possibility

to participate in the protection of rights and interests of an adopted

child, if it allows children to renunciation of citizenship of the

Russian Federation on the application by adoptive parents. Author

particularly analyses the problem of the re-adoption of children

by same-sex unions and proposes to ban the termination of

citizenship of children on the application by adoptive parents.

 

Juridical Journal of Samara University. 2017;3(2):107-111
pages 107-111 views

INCITEMENT TO SUICIDE: FEATURES OF THE OBJECTIVE SIDE

Saraeva Z.V.

Abstract

The article analyzes the features of the objective part of the

elements of «incitement to suicide». The correct identification of

the features of the objective part is important for the qualification

of the crime. The author provides an analysis of the structure of

the crime, cause and effect connection, and the methods of the

offence. On the basis of this study the author formulated proposals

on amendments in the existing criminal legislation.

Juridical Journal of Samara University. 2017;3(2):112-118
pages 112-118 views

ROLE OF ENERGY LAW IN THE ORGANIZATION OF ECONOMIC SECURITY

Sidorova O.N.

Abstract

In this article the author reveals the influence of energy law to

ensure the economic security of the Russian Federation.

The issues of correlation between the concepts of economic security

and energy security are touched upon.

 

Juridical Journal of Samara University. 2017;3(2):119-124
pages 119-124 views

PREREQUISITES FOR THE SIMPLIFICATION OF THE CRIMINAL PROCEDURAL FORM

Yarygina L.A.

Abstract

The differentiation of the forms of criminal process is conditioned

by social and legal prerequisites. The identification and study of these

prerequisites is important for determining the possible direction of

development of criminal procedural legislation and law enforcement

practice. Complex factors that influence the differentiation of the

procedural form (towards simplification) under modern conditions have

been subjected to a complex study. As a result, a conclusion is made

about the regularity of existence of simplified proceedings (including

shortened forms of inquiry) in the criminal process due to a large

number of objective prerequisites for differentiating the procedural form.

 

Juridical Journal of Samara University. 2017;3(2):125-129
pages 125-129 views

Reviews

REVIEW ON THE AUTHOR’S ABSTRACT OF THESIS OF KOLOMINOV VYACHESLAV VALENTINOVICH «INVESTIGATION OF FRAUD IN THE SPHERE OF COMPUTER INFORMATION: SCIENTIFIC AND THEORETICAL BASIS AND APPLIED ASPECTS OF THE INITIAL STAGE» SUBMITTED TO COMPETITION OF THE SCIEN

Olinder N.V.

Abstract

The review is made on the author’s abstract of thesis submitted

to the protection 12.05.2017 on the meeting of Dissertation Defense

Committee D 220.038.11 at Kuban State Agrarian University.

In the review basic strengths and shortcomings of the author’s

abstract are reflected.

 

Juridical Journal of Samara University. 2017;3(2):130-133
pages 130-133 views

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