12.00.00 Law sciences
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THE NOTION AND LEGAL REGULATION OF E-COMMERCE
DescriptionMore and more goods are sold by the means of the Internet and other information and telecommunication networks from year to year. Despite the common practice to sale goods on websites, a general idea of ecommerce is not formed in the modern legal science and the current legislation, the notion ‘electronic commerce’ itself is missing. The presence of multiple gaps in the law and the growing number of disputes have served as a reason for writing this article which touches the issue of studying e-commerce as one of the kinds of business activity. The article describes scientific approaches to the definition of the notion ‘electronic commerce’, the problem the e-commerce object is raised, the notion ‘electronic transaction’, general provisions of transactions, performed by the means of information and telecommunication networks, are analyzed. The authors have paid attention to the practice of concluding contracts by the means of Internet resources, have noted the problem of the correlation between the content information posted on the website and the browse-wrap agreement. The authors consider necessary to legalize of the notion ‘electronic commerce’, to determine legislatively its parties and the rules of implementation. Systematization of the provisions on electronic commerce can be realized within the scope of a separate federal law 'On the Rules of Ecommerce.' Such measures will be able not only to bring the current pattern of Russian business nearer to the international standards, but also to raise it to a new level
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THE CONCEPT AND SOURCES OF CIVIL LAW REGULATION OF ENERGY SAVING
DescriptionThe article discusses the concept of energy efficiency as an object of civil rights. It examines the characteristic features of the object of civil legal relations. On the basis of the current sources of the civil law we have analyzed the sources of civil law regulation of energy saving
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LEGAL BASES OF THE INSTITUTE OF PUBLIC SERVICE
DescriptionIn this article some features of legal regulation of institute of public service are considered. The analysis of the norms of the office right establishing special administrative legal status of public servants is carried out. The author investigated the considerable list of the pre-revolutionary, soviet and modern legal literature devoted to topical issues of institute of public service. The main concept of this article is that the institute of public service is considered by us from a systemacity position. For example, the content of the concept "state position" from the point of view of both standard the contents, and opinions of representatives of the scientific doctrine is opened. The author's definition of the legal category "state position" is offered. Besides, various concepts of understanding of the concept "public service" are presented in article. Thus the author paid attention that earlier in the domestic legislation there was uniform no opinion and standard establishment of the legal category "public service". The main signs of the state position by the legislation of the Russian Empire are given in article. It is noted that in pre-revolutionary Russia legislators identified the concepts "public servant" and "official". This approach, according to the author, wasn't the advantage of the pre-revolutionary legislation, testifying to the low level of legislative equipment
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Description
The scientific article: "The crimes committed by legal persons in foreign countries and penalties applied to them (a systematic review of international practice)" encompasses a statement of practices in sentencing in foreign countries for crimes committed by legal entities. The article reflected the author's consistent position on the feasibility of the introduction of the Russian criminal law liability of legal persons, which is justified by reference to the experience of the institution of criminal liability of legal entities in several foreign countries, and forsake not the position of the Investigative Committee of the country, nominated in 2011, the idea of criminal liability companies. The content of the article is aimed at an exchange of views on the problems of introducing criminal liability of legal persons in the Russian criminal law. Analyzed experience in combating crime entities reasoned position as the leading experts in this area and materials jurisprudence allows fully justified to assume a legal entity as a full subject of criminal activities in Russia. In addition, the chronological period law enforcement and pluralistic views of members of the judiciary of England and the United States, determine the inevitable process of globalization of the world legal community in which Russia now occupies a prominent place
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Description
The article defines several theoretical and practical issues of the execution of the notaries actions based on the comprehensive review of the norms of the effective legislation on notaries, drafts of Federal Law “On notary and notaries service in the Russian Federation”, and legal practice
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Description
The article discusses various criteria for the classification of legal systems. Special attention is drawn to the civilizational approach, which can be effectively used in the classification of legal systems. In accordance with the civilizational approach in the world there are many civilizations, developing according to its own laws (for example, the Scythian civilization, ancient Egyptian, etc.). In accordance with this approach the history of mankind is a history of the development of civilizations. There are different definitions of civilization. In generalized form is a community of people with particular characteristics in the socio - political organization, economy, culture. All States from the point of view of the civilizational approach can be divided into two types: Eastern (China, India, the Empire of the Incas, etc.) characterized by Marx as the "Asian mode of production"; the Western, or progressive (especially European countries). Each of these types has its historical features. In turn, each of these types has its own legal family. It appears that the basis for determining the classification of legal systems is a normative element of the legal system, including law, legal principles, sources of law, legal system, legislation, legal techniques. But this criterion can be applied in one and the same type of civilizations. In accordance with the criterion of the country of the Western type, can be divided into two large families: the Romano-Germanic and Anglo-Saxon. It should be noted that globalization processes in the modern world lead to the convergence of legal families. In particular this applies to the RomanoGermanic and Anglo-Saxon legal families, between which there is a gradual disappearance of the traditional differences
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VIOLATION OF INVENTIVE AND PATENT RIGHTS: CONCEPT AND PROBLEMS OF QUALIFICATION
DescriptionThe article is dedicated to some troubles witch arising in the qualification of crimes in the sphere of inventive and patent rights. It shows different points of view, and on this ground it is proposing the ways of improving the current legislation
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Description
Parliamentary hearings are basic organizational and legal forms of the legislative (representative) institution. The article is devoted to constitutional and legal consolidation of this activity form by federal and regional legislation on the current stage
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TO THE QUESTION OF THE PROMOTION AND AWARDING OF PUBLIC CIVIL SERVANTS
DescriptionIn this research, we discuss promoting and rewarding of civil servants. These methods represent system stimulants that affect the needs and interests of the public civil servant in order to induce him to conscientiously carrying out their duties. It is concluded that awarding and promotion are important parts of the incentive scheme for civil servants, because they show how faithfully and efficiently citizens do their job, and these methods pave the way for this fellow citizen doing their job perfectly. We must mention the material benefits obtained by a civil servant usually in the form of encouragement. It should be noted that in recent years actively updated current legislation has been promoting and rewarding measures that are established by different public authorities, which gives law enforcers more options in choosing the measures of rewarding and encouraging, relevant to labor achievements of citizens. The main legal source is the Law of 27 July 2004 N-79 "On State Civil Service of the Russian Federation,"[1] which established an indicative list of awards and rewards of public civil servant
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Description
The author notes that the last decade of XX century was a time of transition to innovative development in many countries. The article discusses the concept of innovative entrepreneurial activity in connection with the reform of the civil code. Russian legislation doesn’t have the Law "About innovative activity in the Russian Federation". Meanwhile, in the literature there are lots of interpretations of the "innovation" term