Vol 1, No 4 (2015)
- Year: 2015
- Articles: 17
- URL: https://journals.ssau.ru/jjsu/issue/view/238
Full Issue
Theory of law and state
SOCIAL AND LEGAL VALUES AND NATIONAL IDEA
Abstract
The author discusses the state of social and social and legal values in modern Russia and prospects of their development; the impact of values on the formation of a national idea, capable of preventing social and cultural division of country and unite Russian citizens in the way of progressive harmonious development. The author analyzes such values as freedom and justice in the Russian society.
GENESIS OF THEORIES OF CORRELATION OF NORMS OF INTERNATIONAL AND DOMESTIC LAW
Abstract
In the article the analysis of formation and development of an institute of correlation of international and municipal law norms is carried out. Historical aspects of relationship of these norms are analyzed, peculiarities of modern development are identified.
Constitutional law
MOTIVATION AND PURPOSE OF CONSTITUTIONAL DELINQUENCIES
Abstract
The article contains the research of motives and purposes of constitutional delinquencies. The author analyses constructive features of a purpose of constitutional delinquency. The author pays special attention to the problem of constitutional liability.
TERM «PERSONALITY» AND ITS SIGNIFICANCE FOR CIVIL MATTERS
Abstract
The article is dedicated to the consideration of the term «personality» and its significance for civil matters. The notions of «personality» in psychology, sociology and philosophy are studied. Afterwards the main characteristics of this category that are important for these fields of knowledge are marked from the point of view of the civil law. The term «personality» and “subject of law” are compared. The cases of the use of the term “personality” in the civil legislature are analyzed.
PROCESS OF LIQUIDATION OF A LEGAL ENTITY AS A REFLECTION OF DYNAMICS OF ITS LEGAL PERSONALITY
Abstract
The article is devoted to the study of methods of implementation of juridical personality of legal entities in the process of their liquidation. Author analyses the role of founders (participants), organs of legal entity, arbitral manager, and liquidation commission.
ON THE ISSUE OF SECURITIZATION CONCEPT IN RUSSIAN AND FOREIGN CIVIL LAW
Abstract
The concept of securitization in Russian and foreign civil doctrine and legislation is examined in the article. The mentioned question is analyzed with a glance on novels of the Civil Code of the Russian Federation, legislation on securities market, projects of international legal acts. The author’s definition of securitization, which reveals the essence of this legal phenomenon as complex factual composition, is suggested on the basis of conducted research.
CIVIL OBLIGATIONS: CONCEPT AND CLASSIFICATION MEASURES
Abstract
The article is devoted to the determination of characteristic features of civil liability as a form of civil relations and to the identification of their classification measures. The author concludes that the commitments are legally defined model of interaction between actors and concludes that models of contractual and noncontractual obligations are essential features (set of attributes) that allow to speak about the reasonableness of such a dichotomy. These issues are studied by the author, taking into account the legal innovations in the areas of general provisions on obligations.
FRUSTRATIONS AND CRIMES
Abstract
In article the interrelation between frustration and deviant behavior of the person, and also the influence of this emotional state on the formation of a motive of commission of a crime is considered.
LEGALIZATION OF CRIMINAL INCOMES: BASES OF CRIMINALIZATION AND LEGAL NATURE
Abstract
The article expounds the problems of legalization of criminal incomes. Particular attention is paid to the basics of criminal law prohibitions in the area of prevention of laundering of illegal capital, as well as social and legal nature of this criminal behavior.
FEATURES OF INQUIRIES ON PRELIMINARY INVESTIGATIONS OF CRIMES COMMITTED WITH USE OF ELECTRONIC PAYMENT MEANS AND SYSTEMS
Abstract
In this article the peculiarities of individual investigative actions in the investigation of crimes committed with the use of electronic payment instruments and systems are viewed. The basic stages in the plan of investigations are singled out.
PROBLEM OF ENSURING AUTHENTICITY OF OBJECTS SENT FOR EXPERT STUDY: SYSTEMATIC APPROACH
Abstract
The article considers the problems of ensuring the authenticity of objects of expert examination, through the performance of forensic examination as an element of evidence. Specific recommendations for legislative fixation of mandatory photographing of objects of expert research and their packaging, as in the production of expertise and investigative actions are proposed.
Events
MEMORY OF THE GREAT PATRIOTIC WAR IN MODERN RUSSIA
Abstract
In the article the value of modern myths of public consciousness concerning historical memory is defined. The ideological charge of modern Russian cinema in connection with the Soviet and
fascist traditions of public myths resisting each other is considered.
ISSUES OF THE CIVIL PROCESS IN THE PERIOD OF THE GREAT PATRIOTIC WAR
Abstract
This article discusses some of the problems of protecting civil rights in court cases in the period of the Great Patriotic War. Some features of institution and civil investigations, as well as the execution of court decisions in conditions of war are identified.
ACTIVITIES OF PROSECUTOR’S OFFICE DURING THE GREAT PATRIOTIC WAR
Abstract
The article is devoted to the activities of the prosecutor’s office during the Great Patriotic War. It addresses issues related with the organization of activities of prosecutors, their powers, and the process of restructuring of law enforcement agencies since the beginning of military operations on a war footing. The authors of this article analyzed the sources of law of the war years and a few documents of the time of War, the literature of various writers of the postwar period and removed some of the features inherent in the time.
LEGAL REGULATIONS OF SUPPLIES ON LEND LEASE
Abstract
The article compares legal regulation of lend-lease and the contract for delivery of the Civil Code of the Russian Federation. Similarities and differences of these legal phenomena are pointed out.
EMERGENCY LEGAL REGIMES DURING THE GREAT PATPIOTIC WAR
Abstract
The article is devoted to the emergency legal regimes during the Great Patriotic War. The issues regarding the powers of military authorities in the field of defence, public order and public security in the country are viewed. Also characteristic features of legal regime of martial law prevailing in the USSR are highlighted.