Vol 3, No 2 (2017)
- Year: 2017
- Articles: 21
- URL: https://journals.ssau.ru/jjsu/issue/view/250
Theory of law and state
«LAW OF WAR» IN THE CONTEXT OF SOURCES OF NATIONAL AND INTERNATIONAL LAW: HISTORICAL ASPECT
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.
Administrative law and process
EVOLUTION OF ELECTION LAW AND ITS GENERAL PRINCIPLES IN THE REPUBLIC OF CHILE
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.
LEGAL NATURE OF THE EMPLOYMENT CONTRACT IN THE PERIOD OF ESTABLISHMENT OF INDUSTRIAL RIGHT
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.
URGENT PROBLEMS OF CIVIL PROTECTION OF CONSUMER INTEREST
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.
WAYS OF PROTECTION FROM UNFAIR CONTRACT TERMS
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.
ON THE ISSUE ABOUT THE FEATURES OF OBJECT OF CONSUMER CREDIT AGREEMENT
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.
CONCLUSION OF THE FIXED-TERM EMPLOYMENT CONTRACT IN A MANDATORY MANNER
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.
ON THE ESSENCE OF THE INSTITUTE OF MAGISTRATE
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.
ABOUT THE FEATURES OF STATUTORY PROVISION IN THE THEORY OF CRIMINAL LAW
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.
DYNAMICS OF DANGER IN CRIMINAL AND EXECUTIVE SYSTEM: QUESTIONS OF CLASSIFICATION
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.
ON THE PROBLEM BASED ON THE DISTRIBUTION OF A SEARCH AND A SEIZURE AS SELF-INVENTIVE INVESTIGATIONS
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.
PARTICIPATION OF THE PROSECUTOR IN THE APPEALS PRODUCTION
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.
CRIMINALLY-REMEDIAL LEGAL STANDING: PROBLEM STATEMENT
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.
GENERAL PROVISIONS OF IMPLEMENTATION OF PRELIMINARY INQUIRIES BY THE OFFICERS OF THE FEDERAL PENITENTIARY SERVICE OF RUSSIA
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.
Tribune of young scientist
LEGAL PROBLEMS OF RELATIONS AND IMPLEMENTATION OF THE STATUS OF LAWYER AND MEDIATOR
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.
COOPERATION OF THE PARTIES AS A PRINCIPLE OF THE LAW OF OBLIGATIONS
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.
PROTECTION OF RIGHTS AND INTERESTS OF CHILDREN ADOPTED BY FOREIGN CITIZENS IS THE DUTY OF THE STATE
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.
INCITEMENT TO SUICIDE: FEATURES OF THE OBJECTIVE SIDE
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.
ROLE OF ENERGY LAW IN THE ORGANIZATION OF ECONOMIC SECURITY
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.
PREREQUISITES FOR THE SIMPLIFICATION OF THE CRIMINAL PROCEDURAL FORM
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.
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
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.