№5 (49): Юриспруденция
Section: HISTORY, THEORY AND METHODOLOGY OF LAW
The article analyses existing land legislation in the light of Stolypin reform and more specifically such institute of land legislation as common ownership of agricultural lands and its key element – land equity.
The paper reviews the current state of legislation systematization in the Russian Federation as exemplified by such legal instruments as fundamentals of legislation and code of laws and defines its development prospects in view of computer technologies involvement.
The paper reviews the basic principles in the use of economic categories in the RF Constitution. The author notes that their direct transfer is not always suitable because it increases regulatory ambiguity instead of eliminating it. He also states that politics is a mediator between economics and constitution, and therefore economic categories need political «faceting», the final product of which is a particular economic-political order. He then concludes that only being politicized the economics acquires the ability of transformation into public (constitutional) form of it existence.
The continuity of the connection of the right is considered as a component of the right methodological-ogy. It is proved that the continuity identifies and accumulates right-ing material for inductive generalization, that is a necessary condition for the ascent from the concrete to the abstract. It is concluded that successive link in the right ratio reveals the architecture of the system of law and the specific historical conditions of their existence.
The paper analyzes the basics of the Slavophil theory of State basing on the articles by the brothers Aksakov and A.D.Gradovsky from the collected volume «Slavophils: Theory of State» (M., 1898)
The article explores the legal structure of a partnership company on the basis of comparative analysis of two legal systems: Romano-Germanic and Anglo-Saxon.
The article is an endeavor to refine the definition of intellectual property right and systematize its institutions, which is fundamental for the adoption of new edition of Part 4 of the RF Civil Code that lays down and structures the institutions, which provide exercise and protection of authors’ and right holders’ rights in the course of employment of industrial intellectual property in civil turnover, as well as administers enforcement of relevant civil rights and liberties of the society.
Section: LAWMAKING AND LAW ENFORECEMENT
The paper reviews the major features of the legal platform for the federative relations in Russia and their history. Babushkin et al. also explain why so juristically complicated type of federation has been formed in Russia.
The paper presents author’s proposals for the improvement of legislation provisions that regulate the application of institute of clemency in the Russian Federation.
The article analyzes the regulatory legal acts that govern the procedure of making delivery contracts by State requirements.
The article gives characteristics of the current civil service legislation in the Republic of Bashkortostan. The author presents her proofs on advisability to systematize the legislation in this field by the adoption of Civil Service Code of the Republic of Bashkortostan. She also describes the approaches to its potential structure and content.
The article analyzes the sanctions set by Art.174, 174.1 of RF PC as amended by the Federal Laws of December 27, 2009 #377-FZ and of April 7, 2010 #60-FZ. The authors express their position on the optimization of punishment for laundering of proceeds of crime.
The paper offers a comparison of such concepts of constitutional (public) law as «national language» and «official language» with a remark that the former is characteristic of German legal tradition, towards which Russia and many countries of Eastern Europe always gravitated, and the latter of Anglo-American and Romanic. The author regards «official language» as a wider notion than «national language» and also defines the area, where both notions are identical. Commenting the Federal law «On the national language of the Russian Federation» the author concludes that a correct definition of the «national language» concept is impossible without involvement of the term «official».
The author explores such legislative rule as presumption and analyzes the basic types thereof applicable in criminal justice.
The article dwells on the problems a defense counsel faces when making a legitimate demand for familiarization with materials of criminal case in the course of pretrial investigation but prior to meeting the procedural requirements set by Art. 217 of RF CPC. The author proposes certain amendments aimed at elimination of these problems.
This paper presents the studies of issues contained in Art. 188 of RF CC (Contraband), which are of considerable importance for the classification of crimes. The authors propose new component elements of this Article because of expanded notion of contraband.
The article is an endeavor to systematize international and Russian regulations and standards forming the legal basis of social audit.
The paper explores peculiar criminalistic tactical techniques in the inspection of crime scene and of other items in theft cases at metallurgical plants.
The author explores the criminal legislation in a series of foreign countries that safeguards personal, proprietary and professional rights of an attorney. The analysis revealed certain drawbacks in the Russian criminal law on the matter and several positive features in the foreign legislations, which could be used when elaborating relative norms of the RF CC.
The article reviews the periods of trade law development in Europe and shows the specific features of trade organization and regulation in the East taking India and Japan as a case study.
Section: YOUNG SCIENTISTS
The paper based on the archives and printed matter as well as specialized methods of historical research (statistical, retrospective, analytical) shows the history of the institute of penal colonies and banishment in Bashkiria, which serves to the author also as a case study to define the basic historical, socio-political and legal factors in penal system development of a region
The article explores the problems of legal regulatory activity within the institute of private ownership of real estate in the Russian Federation, which stem from lack of clear-cut delimitation of private and public legal rules in the regulation of real estate transactions.
The paper analyzes the constitutional right to housing of military servants and retirees. The author singles out the problems in exercising this right and offers certain methods to improve legislation in this field.
The paper is an endeavor to assess the regulation of relationships in the service of court bailiffs of the pre-revolutionary Russia. It also contains the analysis of methods used by the court bailiffs of those times to execute the judgments. The author offers a system of measures aimed at effective solutions of judgment enforcement-related problems.
The author, basing on the archives, reconstructs the structure of the Russian Empire prosecutors’ office in the Orenburg Guberniya. He reviews personnel positions, assignment procedure and applicant specifications, mode of payment and amount of remuneration.
The article examines the main viewpoints on legal rule interpretation in the contemporary domestic theory of law, offers their classification and underlines their role in exercise of rights.
The article explores the formation of notarial activity institution in Bashkiria related to its becoming part of the Russian State. The author makes the emphasis on the fact that experience and archetype of a bondservant scribe played an important role in paving the way for the creation of notarial activity as a legal institute
Section: PERSONAL DAYS IN HISTORY
Farkhutdinov I.Z., Galiyev F.Kh.