Vol 15, No 1 (2020)

Full Issue

Статьи

LEGAL MODERNIZATION OF THE JUDICIAL SYSTEM OF THE SAMARA PROVINCE IN THE SECOND HALF OF THE NINETEENTH CENTURY: JUSTICE OF THE PEACE

Yudina T.F.

Abstract

The article considers peculiarities of the emergence and development of justices of the Samara province in the second half of the XIX century, analyzes the reasons for their liquidation in 1889.

Juridical Analytical Journal. 2021;15(1):5-9
pages 5-9 views

PECULIARITIES OF DEVELOPMENT OF LEGISLATION ABOUT THE PROTECTION OF COMPETITIVENESS IN FRANCE

Tatarinova S.S.

Abstract

The article considers the specifics of occurrence and the basic stages of development of the legislation on protection of competition in France. The author reveals the impact of socio-economic and political aspects in the formation of antitrust policy. France, as a state member of the European Union, subject to the rules of supranational law, the analysis of which is paid special attention. The author concludes about the growing influence of EU law over national law of France, including in the sphere of protection of competition.

Juridical Analytical Journal. 2021;15(1):10-14
pages 10-14 views

DEFINITION OF THE MOMENT OF CONCLUSION OF PREJUDICIAL COOPERATION AGREEMENT TAKING INTO CONSIDERATION THE QUALIFICATION OF A CRIME

Klimanova O.V.

Abstract

This article is about possible temporary limits of criminal legal proceedings in which the prejudicial cooperation agreement may be concluded. The special focus is on qualification of a crime as the factor which is directly influencing cooperation prospects for the suspect (accused) and the moment of its conclusion. The research objective is the identification of interrelation between degree of accuracy of qualification of a crime at some stage of criminal procedure and security of observance of legitimate interests of the cooperating person.

Juridical Analytical Journal. 2021;15(1):15-21
pages 15-21 views

USING THE RESULTS OF OPERATIONAL INVESTIGATIVE ACTIVITY IN CRIMINAL PROCEDURE PROOF (THE HISTORICAL-LEGAL ANALYSIS)

Samiulina Y.V.

Abstract

The article examines the questions of correlation of concepts and content of operational investigative activity and evidence in criminal proceedings.

Juridical Analytical Journal. 2021;15(1):22-28
pages 22-28 views

BASIC MODEL FOR DIFFERENTIATION OF DOMESTIC PRE-JUDICIAL CRIMINAL LEGAL PROCEEDINGS

Serzhantova L.A.

Abstract

In the article are analyzed domestic, and also foreign basic models of differentiation of the pre-judicial criminal legal proceedings, a result the author comes to a conclusion that the most successful basis for differentiation of pre-judicial production is police inquiry on the basis of which the issue of an investigation form choice has to be resolved.

Juridical Analytical Journal. 2021;15(1):29-34
pages 29-34 views

ABOUT THE RATIO OF ELEMENTS OF CRIMES PROVIDED FOR BY ARTICLES 201 AND 285 OF THE CRIMINAL CODE OF THE RUSSIAN FEDERATION

Elekina S.V.

Abstract

Among the controversial issues of law enforcement is the problem of distinguishing between abuse of authority and abuse of official authority. This problem is caused by a significant similarity of the elements of crimes under article 201 and article 285 of the criminal code. In order to correct qualification called socially dangerous encroachments in the article conducted a comparative legal analysis of the major signs of compounds that characterize the object, objective side, subjective side and the subject of abuse. Proposed effects of any kind of abuse of power committed in the field of private services, and in the sphere of public services is considered a significant violation of rights and legitimate interests of citizens and (or) organizations or legally protected interests of society or state, which includes substantial harm. The type of composition by design is formal and material. The object and subject of abuse of authority and abuse of official powers are identified as the main criteria for distinguishing between criminal attacks under the current criminal legislation of Russia.


Juridical Analytical Journal. 2021;15(1):35-40
pages 35-40 views

ABOUT SOME QUESTIONS OF QUALIFICATION OF PETTY THEFT COMMITTED BY A PERSON SUBJECTED TO ADMINISTRATIVE PUNISHMENT

Neshchadimova K.S.

Abstract

The article examines the problems of administrative prejudice in the criminal law on the example of the operation of regulations stipulated in the Article 1581 of the Criminal Code of the Russian Federation. A legal and technical analysis of the composition of petty theft of other people’s property, committed by a person subjected to administrative punishment. Some controversial issues of qualification of the analyzed criminal offense are considered. Attention is focused on the moment of the end of petty theft of other people’s property, committed by a person subjected to administrative punishment. The issue of necessity and expediency of increasing the cost threshold of petty theft of other people’s property is considered. The article also suggests other ways to improve the criminal legislation of Russia and the practice of its application, aimed at reducing the level of mercenary property crime in the country. It is shown that despite the fact that the appearance of Article 158.1 of the Criminal Code of the Russian Federation is connected with the introduction of administrative prejudice and, as a result, the criminalization of acts provided for by this Code, the latest law enforcement practice shows an insufficiently high level of effectiveness of this criminal law institution.


Juridical Analytical Journal. 2021;15(1):41-46
pages 41-46 views

INSTITUTE OF INVALIDITY OF TRANSACTIONS IN THE CIVIL CODE OF THE RSFSR OF 1922 (ANALYTICAL REVIEW OF LEGAL PROVISIONS)

Povarov I.S.

Abstract

The article reveals the prescriptions of the Civil Code of the RSFSR of 1922 on the grounds and consequences of invalidity of transactions; problems that arose in practice in their application are discusses.

Juridical Analytical Journal. 2021;15(1):47-53
pages 47-53 views

ILLEGAL RECEIPT OF UNEMPLOYMENT BENEFIT. GAPS IN THE LEGISLATION

Sidorov V.N.

Abstract

In the paper the problems of illegal receipt of unemployment benefit are analyzed. The author analyzes the main reasons of illegal receipt of unemployment benefit, gaps in legislation as well as proposed solutions to this problem. It raises issues of law enforcement practice to return the illegally obtained unemployment benefits.

Juridical Analytical Journal. 2021;15(1):54-58
pages 54-58 views

FREEDOM OF LABOR AND ITS LEGAL MEDIATING IN HISTORICAL AND LEGAL RETROSPECTIVE

Shabanova D.E.

Abstract

The article is devoted to comparative legal retrospective analysis of labor relations. The estimation of the extent to which the right to labor the actual position of the workers in the study period, as well as the reasons behind it is the consolidation of these rights is giveu.

Juridical Analytical Journal. 2021;15(1):59-62
pages 59-62 views

HUMAN RIGHT FOR SOCIAL SECURITY IN INTERNATIONAL ACTS, LAWS OF FOREIGN COUNTRIES AND RUSSIA

Kichemasova N.A.

Abstract

The article presents comparative analysis of state of Social Security in some foreign countries and in the Russian Federation, main problems of Russian Social Security Law reforming, also the article contains propositions for enhancement of Russian Social Security to international standards.

Juridical Analytical Journal. 2021;15(1):63-64
pages 63-64 views

CONCEPT AND PRINCIPLES OF SOCIAL SECURITY LAW IN RUSSIA

Khokhlov I.A.

Abstract

This article addresses the question of whether principles of social security law to be enshrined in the law, the code or other legal act.

Juridical Analytical Journal. 2021;15(1):65-66
pages 65-66 views

EVOLUTION OF ELECTORAL LAW AND ITS BASIC PRINCIPLES IN THE REPUBLIC OF CHILE

Nazartsev E.I.

Abstract

In the paper legislation of Chile that is concerned with election law, it¢s history and modern state is analyzed, evaluation of plus and minus sides of this state legislative provisions is given.

Juridical Analytical Journal. 2021;15(1):67-72
pages 67-72 views

PROTOPARTY ASSOCIATIONS OF DECEMBRIST MOVEMENT AS ANCESTORS OF INTRAPARTY REGULATION OF MODERN TYPE (HISTORICAL AND LEGAL ANALYSIS)

Mamedova V.E.

Abstract

The article examines the origin of intraparty (corporate) regulation in Russia. It contains analysis of Decembrist regulatory documents aimed to find out the beginning of modern institutes of intraparty regulation. The following conclusion is drawn: there are centuriesold Russian traditions in the area of regulation of intrаparty relations.

Juridical Analytical Journal. 2021;15(1):73-78
pages 73-78 views

PRINCIPLE OF VOLUNTARINESS IN HANDLING CIVIL CASES BY CAS

Andreeva V.V.

Abstract

This articles looks into the principle of voluntariness as the basic grounds for international sports arbitration. Analysis of existing regulatory legal acts in sports field indicates that this principle is not observed. The author point out the general recognition of this principle around the world and draws the conclusion that without wilful consent of the parties to appeal to the international sports court of arbitration, the case cannot be reviewed in this court. Violation of this principle should be the undisputed basis for refusal in its enforcement.

Juridical Analytical Journal. 2021;15(1):79-81
pages 79-81 views

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