12.00.00 Law sciences
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«SYMPHONY» OF THE AUTHORITIES IN BYZANTIUM, AND IN RUSSIA AS THE SUCCESSOR OF THE BYZANTINE EMPIRE
DescriptionThe article discusses the "Symphony of authorities" in Byzantium and Russia. It reveals the nature, origins and objectives of the State and the Church. Since ancient times, the Church played an important role in the life of society and state. In Byzantium, the authority of the Emperor played a major role in strengthening the Orthodox Church. The Church, particularly, has developed and highlighted the official doctrine of the divine origin of the Imperial power. In the Byzantine Empire a perfect model of Church-state relations – "Symphony of authorities" was formed. The article takes into account the Byzantine edicts, which regulated the relationship between the Church and the state. We considered the legislative acts of Ancient Russia, confirming the existence of that "Symphony" in the Kiev period. The basis of the ancient law was based on the Byzantine collection of ecclesiastical rules and Imperial edicts, called Nomocanon. The article focuses on the models of the interaction of the Church and the state. Special attention was paid to the concept of "Moscow is the third Rome", due to the continuity of the Byzantine Empire Russia as an Orthodox center. We discuss the result of Ferrara-Florence Union as the main reason for the awareness and acceptance of the concept of Philotheus by Russian people. Taking into consideration the concept of "Moscow is the Third Rome", we consider models of the interaction between the state and the Church in the era before Peter I the Great
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CRIMINAL PROCEEDINGS LANGUAGE: WHETHER IT REFLECTS THE NAME OF THE PRINCIPLE OR NOT?
DescriptionThe article explains that legal designation of criminal procedure principle of criminal proceedings language (in the article 18 of the code of criminal procedure it was called "Criminal proceedings language") cannot be recognized as sufficiently accurate. There are arguments in favor of changing the title of this article and labeling it as the in the law "Principle of the state criminal proceedings language" in this article
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LEGAL ENTITY AS SUBJECT OF ADMINISTRATIVE RESPONSIBILITY
DescriptionThis article focuses on the economic activities of legal entities as subjects of administrative responsibility. The article considers the peculiarities of this type of liability applicable to legal persons. The purpose of this article is to study the legislative framework of this institution, identifying the distinguishing features of this type of liability. Despite an adequate regulation of the legal status of the entity in various legal acts, there are many debatable issues. This topic is relevant, because now there is freedom of economic activity and the institution of administrative responsibility appeared relatively recently in our legislation. All this creates an increasing number of offenses by organizations whose actions impinge on the public relations protected by the norms of administrative law. The most debatable issue is the mental element of the offence which guilt. We found that identifying guilt of a legal entity with the guilt of individuals does not seem appropriate. Guilt of a legal entity is of the greatest interest. There are several theories concerning this element subjective side. This article describes the main provisions of the theories expressed by many scientists in the field of administrative law. All the above demonstrates the need for studies of this type of legal responsibility and improving of the Institute of administrative law
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AN INCORPORATED PERSON AS A CONSUMER IN A CONTRACT OF RETAIL SALES
DescriptionIn Russian civil legislation the consumer is a citizen who concludes the contract of retail sales for purposes not related to business activities. Incorporated person has no right to conclude a contract of retail sales. Therefore the law on consumer protection is not used for legal entities. The law on consumer protection gives to consumers an opportunity for simplified procedure to challenge acts or omissions of the sellers and protection of their rights. But at the same time the incorporated person may acquire the goods, works and services not for business purposes. In particular, this occurs when incorporated person buys goods for its professional aims, not just for its implementation. The authors think that legislator unreasonably violates the rights of legal entities, because they can not be consumers. The authors justify the possibility and the necessity of recognizing the incorporated person as a consumer in the contract of retail sale, and that will allow spreading the legal norms of consumer protection on them
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ELECTRONIC DOCUMENT AS THE SOURCE OF PROOFS
DescriptionThe author of this scientific article considers the computer-based document as a container of criminalistically significant information, which can be both orienting and evidentiary. The author also considers the opportunity of presenting computer-based documents to the court without application of paper information-carrying medium, i.e., there exists a possibility of procedural actions commitment directly with the mentioned computer-based document but not with its carrier. As an example, the author quoted an instance that executive officers listed in Article 181 of the Russian Federation Arbitration Procedure Code are entitled to demand and obtain the case from a relevant court of arbitration with the purpose of solving the problem concerning availability of grounds for lodging a protest in the exercise of supervisory powers
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ECOLOGICAL CRISIS AND ITS LEGAL PROBLEMSOVERCOMING
DescriptionThe article studies the problems of correlation of protection of environment and provision of environmental security including the problem of organizational mechanism of protection of environment in the process of ensuring environmental security
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PLUNDER OF REAL ESTATE OR BUYING REAL ESTATE: QUESTIONS OF THE THEORY AND PRACTICE
DescriptionThe authors consider the issue of qualification of unlawful treatment of property in favor of the perpetrator – as plunder or buying another's property. Also, in the article we highlight the enforcement practice in relation to the identified problems at the level of the Krasnodar region
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FUNCTIONING OF KAZYONNAYA PALATA IN THE TAURIAN DISTRICT IN 1784-1796
DescriptionThe article is devoted to the Kazyonnaya palata of the Taurian district and its specifics of structure and functioning. The brief characteristic of its structure and place in the state machinery is given. Alongside, the features of interactions between palata itself and other key public authorities are noted. The archive data is used to illustrate the place of Kazyonnaya palata among the other authorities. The article also pays a significant attention to the Russian Empire Kazyonnaya palatas structure specifics depending on the region operated. It is stated, that that departments of the Kazyonnaya palata bore the names “expeditions”, with their number and composition depending on the particular conditions of the specific region of the state. Basing on the comparison of the several regions palatas compositions and their number of expeditions, the specific expeditions depending on the region's characteristics are distinguished. In Taurian district, the specific needs of the region were covered by the wine, salt and customs expeditions. This article continues with the functioning peculiarities of the expeditions mentioned, which are supported by the real examples of their operation found in the archive illustrations. In conclusion, the key features of the Kazyonnaya palata of the Taurian district are described, and the brief characteristics of the specific expeditions are given
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DEPOSIT FUNCTION AT THE PRELIMINARY AGREEMENT
DescriptionA functional analysis of deposits at civil law allows comprehend its destination and role in developing the dynamic of a law regulation of a property circulation in conditions of market economy. The authors present their point of view about the deposit use possibility to provide a preliminary agreement in the civil law
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FORMS OF MANIFESTATION OF PLURALITY OF PERSONS IN CIVIL LAW
DescriptionIn the article we have investigated the multiplicity of civil law. The author distinguishes different types of plurality of persons and presents a detailed analysis of the stops on the relations arising from a simple partner-ship agreement as a form of plurality of persons