12.00.00 Law sciences
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Description
Norms of the active Russian legislation enshrining the inheritance rights and defining the status of surrogate children, surrogate mother and the genetic parents connecting to the question of the obtaining and realization of the inheritance rights of these children are subjected to a detail analyze in the article. The authors described uncertainties and double-meanings of some occasions of appearing of surrogate children’s inheritance rights, what arise in practice, for example, when surrogate mother in childbirth could not give her agreement for registration people, who had given their genetic material, as parents of surrogate child. The authors found out imperfection of active legislation of Russian Federation in the context of question of surrogate children’s inheritance rights in case of genetic parents’ death before childbirth. Other important question, that the authors tried to resolve in the article, is connected with child’s inheritance rights, who was conceived after death of his genetic parents. Also the attention is focused on the absence legal mechanisms of action on genetic parents, who refuse surrogate children, in the Family Code of Russian Federation and in Civil Code of Russian Federation. Authors reached a conclusion that surrogate children’s inheritance rights should be legal regulated in detail. Some suggestions on these issues are offered in the article
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Description
This article is devoted to the analysis of the historical event which was signing the Manifesto of 15 March, 1917 about abdication by the Nicolas II. We have considered the place, the role and the importance of the Russian emperor abdication in the decline of the Russian state system and the influence on declining of morality of Russian society in connection with the ensuing historical events. Using of the foundations of the constitutional system allocated by modern science of constitutional law, the authors conducted a comparative analysis of changes in the constitutional system of the Russian Empire, related to abdication of Nicolas II. The authors deliberately equated the concept of «the constitutional system» and «the state system» for evidence of existing state. As a result of the analysis, the authors concluded that the Russian Empire was characterized by signs of the state system, rather than the constitutional system in its modern sense. The signs allocated by authors are important for application of experience of the events occurring in the state during the reign of Nicolas II for their use and practical implementation at the present stage of development of the state. The authors do not agree with the point of view prevailing in historical science, defining Nicolas II as emperor, who preserved the remains of statehood in a difficult time for the Russian Empire and saved society from destruction. On the contrary, the authors consider that inconsistent destructive actions of Nicolas II caused the collapse of Russian Empire
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LEGAL PRACTICE AS A SOURCE OF CIVIL LAW
DescriptionThe article deals with the analysis of the role and place of court practice in the system of civil-law sources. The author introduces a debatable matter of the possibility to acknowledge the Russian law as case law; analyses significance of the judicial practice in the system of sources of the Russian law; outlines positions of experts on this matter and draws her own conclusions. The article provides a review of opinions of Russian law academics' and practitioners' on the topic of acknowledgement of judicial practice as a source of Russian law. The author debates and further concludes that assigning courts with the law-making function would benefit the efficiency of current legislation refinement. The author draws a conclusion that in the continental legal family court practice, which earlier wasn't considered a civil-law source, started gradually to turn into a secondary after civil legislation law source. The reason for it is because of more complicated social relations civil legislation failed to cope efficiently with the detailed legal regulation which is needed in property relations reglamentation. The author reveals the difference between the notions of "court practice" and "judicial precedent" and concludes that vesting courts with law making power can facilitate the improvement of the legislation in force, as well as the development of the civil law regulation. The final conclusion is that the litigation irrespective of the form of expression cannot be the independent source of law
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Description
Level analysis of law enforcement cooperation between private legal and public legal origins was conducted in the aspect of dual nature of dispositivity in court jurisdictional process. On the basis of legislation’s investigation it is found that the apprehension of dispositivity on doctrinal level as the principle of judicial process, restricted by private legal aspect, doesn’t correspond to its legal dual-nature. It is showed that cohesive perception of dispositivity in court jurisdictional process is possible under the condition of its binary perception based on investigation of its private legal and public legal origins, providing their harmonic unanimity in the framework of dualistic approach. It the article it has been stated that even under the conditions of court process’ parties’ interests’ contradiction their warrants may be realized only under their cooperation with each other, which needs court’s contribution in the providing of their rights’ realization on equal terms. It is educed by researches that the cooperation of private legal and public legal origins of dispositivity is conducted on two (horizontal and vertical) levels of their law enforcement connections. Herewith the coordination of court process’ parties between each other occurs on horizontal level of cooperation, while the subordination of parties’ collaboration with the court occurs on the vertical level. The analysis of procedural legislation has educed general regularities of private legal and public legal origins of dispositivity in court jurisdictional process for different types of judicial proceedings. These regularities are: the realization of private legal origin, represented by the parties, with the relevancy stipulates the demand for public legal origin of dispositivity, represented by the court; the realization of public legal origin of dispositivity, represented by the court, with the relevancy stipulates the demand for private legal origin of dispositivity, represented by the parties of judicial process
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Description
The article is devoted to the investigation of the problems that may face law enforcement official in the case of regulation transboundary relations between private law subjects. In that case, the law of the country with the several legal systems is applied. It is considered the classification of the legal systems' plurality in the same state. The proposals concerning supplements to the Art. 1188 of the Civil Code are conducted in the following article. In particular, it is offered to put an addition to the Art. 1188. The addition would allow to apply the norm to the both: whether the domestic conflict norm sends to the right of the foreign state or the right of the internal collisions itself, i.e. - to extend its action to the situations, in the cases when the state has substantial collisions, hierarchical collisions, temporal collisions. In that way, it is possible to fix the rule in the Art. 1188 of the Civil Code of the Russian Federation which would maintain the case when the domestic conflict norm sends to the foreign right, and in this foreign right there are internal collisions, they have to be resolved, proceeding from rules of the state law to the conflict norm which was sent by the Russian norm
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Description
This artiсlе is dеvоtеd tо thе еvоlutiоn оf thе mаrriаgе institutе, tо thе sоurсеs аnd tеndеnсiеs оf fаmily dеvеlоpmеnt. Thе аnаlysis оf thе fаmily rеlаtiоns in аnсiеnt Bаbylоn ассоrding tо lаws оf Hаmmurаpi is prеsеntеd in thе аrtiсlе. In Hаmmurаpi соdе thе fаmily is prеsеntеd аs bаsis nоt оnly fоr есоnоmiс, mаtеriаl pоwеr оf thе stаtе, but аlsо аs its pоlitiсаl stаbility аnd sаfеty. Thе rights аnd dutiеs оf spоusеs аrеn't еquаl, but thеy аrе еquаlly, thоugh еvеryоnе in оwn wаy, pаrtiсipаtе in асhiеvеmеnt оf а mаin gоаl оf thе mаtrimоniаl uniоn – thе birth аnd еduсаtiоn оf сhildrеn. Institutе оf mаrriаgе is оnе оf thе mаin institutе оf thе fаmily lаw. It is соnsidеrеd in thе аrtiсlе thе оrdеr аnd соnditiоns оf gеtting mаrriеd, thе оbstасlеs fоr thе еngаgеmеnt аt vаriоus histоriсаl stаgеs. It is соnduсtеd thе lеgаl аnаlysis оf thе mаintеnаnсе оf thе mаrriаgе rеlаtiоns. Thе аttеntiоn is pаid tо thе quеstiоn оf thе pеrsоnаl аnd prоpеrty rеlаtiоns bеtwееn spоusеs, pаrеnts аnd сhildrеn; rеlаtiоnship tо thе mаrriаgе is соnsidеrеd аs а sосiаl аnd есоnоmiс dеаl аnd lаtеr аs а vоluntаry will оf а wоmаn аnd а mаn tо gеt mаrriеd. Rеligiоus mоdеls оf а fаmily аrе соnsidеrеd in thе аrtiсlе. hаngеs whiсh hаppеnеd during сulturаl histоriсаl dеvеlоpmеnt соnсеrning thе fоrms оf thе fаmily аnd mаrriаgе rеlаtiоns аrе аlsо соnсеrnеd thе mаintеnаnсе оf thеsе rеlаtiоns, in pаrtiсulаr, bеtwееn husbаnd аnd wifе. Thе сhаngеs hаd mоrе quаlitаtivе сhаrасtеr within thе еmеrgеnсе оf fаmily mоnоgаmy. Thе соnsidеrаtiоn оf thе еmеrgеnсе оf thеsе оr thоsе fоrms оf mаrriаgе prеsеnt thе intеrеst tо thе сulturаl and histоriсаl аnаlysis аnd thе rеаsоns оf сrisis in thе fаmiliеs nоwdаys
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PARTICULAR ISSUES OF LEGAL REGULATION OF HOUSING COOPERATIVES MEMBERS RIGHTS
DescriptionThe authors analyze the question of the legal problems of protection of the rights of members of housing co-operative. The article shows the history of the development of this institution in the Russian Federation and its status. Of interest is the historical analysis of the legal institution, as well as the issue of protecting the rights of members of housing cooperatives throughout the history of their existence in our country. The author concludes that there is a need to improve existing legislation on housing cooperatives. In particular, the authors propose amendments to the Housing Code of the Russian Federation and other federal laws governing these legal relationships. The article provides the change of certain provisions of existing legislation that would allow better quality approach to the protection of the rights of members of housing co-operatives, as well as their regulation in general. As well, the authors indicated some legal problems that occur in practice arising from members of housing co-operative in their defense. The analysis of the legal practice of various courts of the Russian Federation has been carried out. Following consideration of the practical problems has been offered for both theoretical and practical ways to address them in order to prevent violations of the rights of members of housing cooperatives in the future
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ABUSE OF RIGHT: CONCEPT, SIGNS, GENERAL CHARACTERISTICS
DescriptionThe article is devoted to one of the most disputable categories of jurisprudence – abuse of rights. Modern civil legislation contains many of the assessment law. Interpretation and specification of evaluative concepts is a challenging intellectual process. Abuse of right is a consequence of the process of interpretation of appraisal standards. The law does not allow the exercise of civil rights with the intent to harm another person, as well as abuse of rights in any form, including in the form of circumvention of the law. The author regards as the already known issues with the application of the principle of the inadmissibility of abuse of the right, so new in connection with the amendments to the Civil code of the Russian Federation. In particular the principle of good faith is investigated as a fundamental principle for civil rights. The article is devoted to the question on the essence and the legal nature of circumvention of the law, as well as the notion of circumvention of the law with unlawful purpose as a form of abuse of right. On the basis of the study presents the author's notion of circumvention of the right. The authors have made a conclusion that the correct interpretation of the categories of "subjective property law and protected by law interest" is the key to understanding the notion of abuse of right. The conscientiousness of participants of civil relations, as well as the intelligence is the proper limits of lawful behavior of the subject civil relationship, the breach of which allows detecting the signs of abuse of subjective civil law
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STRUCTURE OF PROPAGANDA MACHINE ANTI-BOLSHEVIK MOVEMENT IN SOUTHERN RUSSIA IN 1919
DescriptionThe article is devoted to the study of the structure of the apparatus of propaganda of the Volunteer army and Armed forces of South Russia under the command of General M. V. Alekseev, as well as the changes implemented in this structure by generals A. I. Denikin and P. N. Wrangell. We have highlighted the high importance of an effective propaganda mechanism during the civil war and iIndicated the reasons why the propaganda machine on the "White South" lost the efficiency of similar structures of the Bolsheviks. We considered such reasons as the absence in the Volunteer army powerful single ideology, as the basis for further indoctrination, the Bolsheviks significant advantage in material and technical equipment and production capacity, and advantage in time, as the propaganda machine of the Bolsheviks began to form several years before the outbreak of the civil war. The article reveals the formation process of the news propaganda of the Department of diplomatic division and its subsequent reformation in the Publicity Agency (Oswag) of the Chairman of a Special meeting. We have also touched upon the dissolution of Osweg at P. N. Wrangel and the establishment of a number of departments executing its functions. It is concluded, that the changes in the structure of the propaganda of anti-Bolshevik movement in South Russia, were excessively complicated and mostly formal in nature, they did not solve existing problems, but only created new ones. It is noted, that the main task of all transformations in the apparatus of propaganda, i.e. to overcome the significant advantages of the propagandists of Bolshevism, was not achieved as a result of the considered structural reforms
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ABOUT FORMS OF REALIZATION OF THE FUNCTIONS OF THE STATE
DescriptionThe article is devoted to consideration of questions of functions of the state and forms of their realization, which are of very great importance in the theory of the state and practice of its functioning. It can be explained with the next moments, first, to that in functions are shown essence of the state, its social appointment. The state representing the phenomenon of social life, it is characterized by extraordinary variety of directly observable and perceived manifestations. It is defined as a variety of the tasks solved by the state in various areas of life of society, and a variety of bodies, forms, methods and means of implementation of the state activity. In this regard studying of functions serves as the prerequisite of knowledge of the main thing and defining in the state. Secondly, functions of the state define its structure, i.e. ways, regularities of the organization of elements of the state as difficult system. Research of functions of the state and forms of their realization helps to estimate its opportunities, promotes deeper understanding of the mechanism of its interaction with other structures of society in the solution of the most important political, economic, social, ecological, cultural and other tasks. The correct establishment of functions of the state and definition of forms of realization of these functions promotes stabilization of the public relations and development of society in various spheres