12.00.00 Law sciences
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THE CONTENTS OF BUILDING LEASEHOLD
DescriptionThe article is devoted to one of the most disputable categories of jurisprudence – to the contents of Building leasehold. In the article there has been presented the research of the legal nature of the institution of building leasehold (superficies). There have been traced the particulars of formation of the Roman legal (classical) model of building leasehold and the interpretation of this institution in foreign civil legislation. It has been noted that certain countries apply the classical Roman model of building leasehold while others use the model of "the shared property" of the land plot and of the piece of the estate built on this plot. There was conducted the analysis of the German model inheritance law of building leasehold on the basis of which there was made the conclusion about its independent nature and uniqueness. The historical and the comparative legal methods of the research have enabled to identify the essential differences of the employed models of building leasehold and the specific features of their application in the countries of roman-germanic law and in the Commonwealth of Independent States. There have been studied the approaches of the domestic civilized doctrine in terms of building leasehold and the specific features of its implementation in the draft version of the Civil Code of the Russian Federation. There has been affirmed that the draft version of the Civil Code of the Russian Federation admits the existence of the two models of the building leasehold: the design one and the classical one. There has been applied critical approach to the analysis of the design model of building leasehold in comparison with its Roman and Germanic legal constructions; there have been presented recommendations for its improvement. It is proposed to abandon the temporary ownership of the premises in the building constructed based on the Treaty on the law of the land. We proposed to replace it with a specific property right – "right of superficies". Its essence consists in the right of possession and use of facilities of a building constructed in accordance with the Treaty on the law of the land
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CONTENTS OF THE MAIN ELEMENTS OF THE CRIMINALISTIC CHARACTERISTIC OF FRAUD
DescriptionThe article “Contents of the main elements of the criminalistic characteristic of fraud” written by the group of authors is of great importance today as the new points of the Federal Act №207 of the Criminal Code of Russia which provide for the criminal proceedings for fraud in lending; while getting payments; while using bank cards; in business sphere; in the sphere of insurance, introduced on November 29, 2012, still need to be developed and lack the methods of the investigation of such crimes. Consequently, the methods of preparation, committing and concealing of a crime, track formation mechanism are not determined and analyzed upon the materials of the forensic and investigative activities. The authors of the article have attempted to study the cases of the mentioned crime types and determine the ways of preparation, committing and concealing of a crime and track formation mechanism of the above-mentioned types of crime
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LEGAL ANALISYSIS OF SOCIAL SECURITY LAW IN RUSSIAN FEDERATION AND THE FEDERAL REPUBLIC OF GERMANY
DescriptionThe authors analyze the issues of the legal and economic problems of social security governmental regulation in the Russian Federation. In order to identify and subsequently find theoretical and practical resolution of conflicts and flaws in the domestic social security law, the authors propose to analyze the social institutions of the Russia and to match them with the existing social institutions of the Federal Republic of Germany in view of their historical closeness, belonging to one family of law, and the similarity of the legal foundations of the constitutional system. Comparative analysis of various aspects of life quality according to Russian and German data, which was examined above, leads to the conclusion that the primary task in this country is to restore revenues and stimulate the population’s solvency. The study of the social security issues led to the conclusion that the state social insurance is intended to replace the income lost due to certain events such as unemployment, illness, disability, old age, accident-at-work insurance. The authors conclude that there is need to improve the current Russian pension legislation, social security and social legal guarantees
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Description
As a part of the investigation carried out in the course of the investigation of crimes, a confrontation is very important. This article reveals the essence of the scientific production of the confrontation, the object and purpose of which is to establish the truth in the case. The investigator, in accordance with the Article 192 of the Code of Criminal Procedure of the Russian Federation has the right to decide on proceeding a confrontation, in cases when previously there were significant differences. In conducting confrontation, there are confirmed correct versions and the versions denied by others, it turns out the real facts of the case and eliminates significant contradictions in the testimony of previously interrogated persons. By making the decision to produce a confrontation, the investigator must be confident in the ability of the participant, who gave truthful testimony, to withstand the psychological pressure. This party should be prepared to create his "immunity" against future attempts to influence the other party to persuade to change readings, etc. Before the production of a confrontation, the investigator must draw up a plan in which the questions are formulated. Then prioritize questioning of participants of confrontation and identify tactics that can be applied in the course of its production. The investigator prepares a space for the production of confrontation, and audio, photo and video equipment. Different violations, errors during the confrontation, have the ultimate impact on the overall result of the preliminary investigation of a specific criminal case. In this regard, clarification of the nature of the confrontation has not only theoretical but also practical importance
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BASIC LEGAL APPROACHES TO THE REGULATION OF RESTRICTION ON THE SPREAD OF INFORMATION ON THE INTERNET
DescriptionThe article analyses the existing legal mechanism of limitation of distribution of information in the Internet and the variants of development of law-making in this sphere. The conclusions made by the author might be used in scientific activity
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BASIC DIRECTIONS IN THE DEVELOPMENT OF THE RUSSIAN FEDERATION LAW IN THE INFORMATION SPHERE
DescriptionThe article analyses the existing legal mechanism of limitation of distribution of information in the Internet and variants of development of law-making in this sphere. The conclusions made by the author can be used in scientific activity
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Description
The article is devoted to the questions connected to the buying and selling quarters contract’s peculiarities investigation, corresponding to the economy class living rating conditions. It is specified to the factors which are the obstacles for the accessible and comfortable housing in Russia. As a result, it is found out that the following relations regulated by the Federal Law, not by the Civil Law. Peculiarities of such kind of contracts, at first, connected with the object of contract’s investigation. As a reason, it is necessary to work out and affirm conditions when living quarters correspond to the economy class living rating. Special attention in the following article is paid to the specification of the conditions. One of the important things, which characterize the contract, is its subject compound. While law investigation it was found out parties of the buying and selling living quarters contract, corresponding to the economy class living rating conditions. We have also brought out the citizens’ class, having right to purchase economy class living. We have determined them as poor families, having many children and law level of income citizens
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THE CONCEPT, THE STRUCTURE AND THE CONTENT OF THE GROUP METHODS TO INVESTIGATE CRIMES
DescriptionIn the article, there are basic elements of the concept, the structure and the group methods of crime investigation. A brief analysis of the views of scientists towards the issue was performed. The author comes to a conclusion about the content of the group methodology and makes a theoretical justification of the expressed positions. We identify three separate base isolation system classification - group investigation techniques: a) the difference in the structure of private and group techniques; b) the similarities in the criminal - legal and criminological characteristics of crime groups; similarities in the process of crime investigation and scientific - practical recommendations for their investigation
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Description
The article examines the historical conditions and the legal regulation of the Crimean Khanate territory joining to the Russian Empire in 1783 and formation of Taurian District as a new specific administrative and territorial unit. Specific characteristics of Taurian District are highlighted, as well as tasks that region faced due to its geographical position and constant wars between Russian empire and Ottoman Porte. Attention is paid to the factors that led to the creation of the district but not the viceroyalty, in contrast to other areas joined in the same time. The different examples of understanding of the term "distrist" – "oblast" – in science and language are given. The author clarifies certain features of the district, which were not taken into account in deriving the scientific definition of the district by Dambaeva O.P. Decrees and their background issued by the legislator are characterized. The problems of an administrative nature encountered by the legislator in the face of Empress Catherine II and her representative governor Grigory Potemkin-Tavricheski, and then by Platon Zubov are highlighted. Among these problems there were emphasized the transfer of ownership of the Tatars property who left the territory, as well as the creation of an accurate map of newly joined territory
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PECULIARITIES OF LEGAL REGULATION OF THE EMPLOYMENT OF ATHLETES
DescriptionThis article is devoted to the study of peculiarities of legal regulation of the employment of athletes. Sport has become an important part of the vital activity of the entire human society long ago, and, problems of legal regulation of the employment of athletes attached great importance both in Russia and abroad. In addition to international acts, the Constitution of the RF and the Labour code, labour relations and other directly related to them between athletes and their employers are governed by many various acts, regulations – federal laws, regulations, treaties, agreements, statutes of sport organizations, sport regulations. Therefore in practice exist a lot of problems and may will be more in the application of labour laws and other normative legal acts on labour rights and guarantees of professional athletes and coaches. We must take into account not only all sources but also, primarily, the specificity of the scope of their regulatory relationships. The authors consider that the normative legal basis, as well as the ratio of labour and special sports legislation studied explicitly is not sufficient and require further research, that indicates the relevance of the topic. The authors not only analyzed modern legislation, researched statistics, scientific literature on the topic, but also revealed the gaps and problems in the regulation and suggested measures for the improvement and further development of the Russian labour legislation in the sphere of sport. Special attention is given to the term "sudden death of an athlete," and so, the procedure of compulsory insurance of professional athletes must be resolved. It is proposed to introduce the terms " sport season", "sports" Athlete Passport, complement and greatly extend guarantees and compensations to athletes and coaches of pay, working hours, termination of employment, labour and social protection