12.00.00 Law sciences
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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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THE STATE TECHNOLOGICAL ACCOUNTING OF ACCOMMODATIONS: HISTORY AND CONTEMPORARY LEGISLATION
DescriptionThe authors analyze the changes of legislation in the sphere of state technological accounting of accommodations. They consider the information meaning of technological inventory office for state registration of the estate in land and bargains with it. They investigate the drawbacks of separate normative legal act planed for publishing
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Description
The legal responsibility of judicial department’s officials – one of central elements of their legal status, which main aim is raise office discipline level in system of judicial power of the pre-revolutionary Russian state
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THE CONCEPT OF THE LEGAL REGIME OF REAL ESTATE HIGH RISK
DescriptionThe identity of the property increased risk to the objects of civil rights is proved in the article. No doubt the necessity of separation of static and dynamic units in the civil-law mode of real things of increased risk. However, currently these components are not sufficient for full civil and legal characteristics. Suggestions for improving the structure of the real objects of civil rights are proposed by the author. The article considers the civil-law regime of real estate high risk as a legal phenomenon of a systemic nature. Risk is a system element of the regime particularly dangerous real estate. Different types of risks in the content of the legal regime of these things are interconnected in a close relationship. Value category of "risk" in the legal regime associated with compensation for damage caused by its operation. Another part of the problem associated with civil-legal regulation of property rights to such objects of civil law. The author's understanding of the structural elements of a civil-law regime of such things and their interrelations is proposed. This representation of the structure of civil-legal regime of immovable properties increased risk allows to take into account particular things as objects of civil rights in all sections of civil reality
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Description
The article discusses the Genesis of Islam and its role in the development of Muslim law family, highlights the main sources of Muslim law legal families. It is noted an important role of standards in Islamic law developed by the theologians of the activities in the process of interpretation in filling gaps in the law. All this has led to the emergence of different schools or sects, which contributed to the creation of many ideologically warring with each other Muslim sects. The followers of these movements convince their supporters that the rest courses are false. The article notes that currently, in general, the Muslim law has not lost its position. Modern Islamic community of the world has about a billion and a half followers. The Muslim law has not only maintained its position, but also extends its sphere of influence. Islam – the youngest world religion - enters the countries whose people earlier professed Christianity, Hinduism, Buddhism, etc., the Followers of Islam, moving to other countries, almost do not assimilate. So, the Islamic community in Europe is practically not subjected to European influence. Some of the legal institutions in a number of non-Muslim countries are subjected to Islamization. In some countries, Islamic law is not considered as legally valid, but it works in fact. This happens in the Muslim enclaves of Europe, it is happening in Russia, particularly in the republics of the North Caucasus
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Description
The article covers the problems of legal regulations and implementation of civil and land law standards on the enforced termination of interest in land which can’t be possessed by the owner according to the law. The issues of the enforcement in the course of such termination of entitlement are also considered by the author
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CURRENT CRIMINAL-LEGAL ISSUES OF QUALIFICATION OF A CHILD SUBSTITUTION
DescriptionRelevance of the chosen topic is caused by existence of disputable issues in qualification of the crime established in article 153 of the Criminal code of Russian Federation. Objective and subjective elements of corpus delicti of substitution of a child are analyzed in the article. The special attention is paid to the object of the crime, and also consideration of the concept «victim». In this article «mercenary and low motives» as a constructive feature of the subjective element of substitution of a child are considered, the most significant gaps in norms of the criminal legislation are analyzed and ways of their elimination are offered. Having investigated normative legal acts, court practice, foreign legislation and the existing theoretical developments, authors give their interpretation of article 153 of the Criminal code of Russian Federation. The authors express opinion about strengthening of the punishment for this crime. We consider important inclusion in corpus delicti of this crime such aggravating features as the act: «against two or more persons», «a group of persons by previous agreement or organized group», «a person using his official position», «a person who has a previous conviction for crime against a family and minors»
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THE CONTENT OF A PLEDGED LEGAL RELATIONSHIP
DescriptionThe article discusses the questions related to use of and disposing of a pledged subject by participants of a legal relationship, between depositors and pawnbrokers, in particular, new regulations about depositor’s rights who is a holder of the pledge subject
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SOURCES OF INTERNATIONAL LAW AND THEIR FEATURES
DescriptionThis article is devoted to the study of the essential features and properties of the sources of international law from the standpoint of the general theory of law. The author reveals the factors that influence the process of law-international, draws attention to the specific features of the subjects of international lawmaking, especially, how to create the right sources, analyzes the problem of correlation between sources of international law and national sources of law
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METHODS FOR FIGHTING CORRUPTION IN RUSSIA
DescriptionThe article is devoted to such problem in modern Russia as corruption. The authors emphasize the degree of corruption of public authorities. It also provides public opinion polls and statistics, through which it is possible to carry out parallel comparison with previous years, as well as find out the causes and ways of combating corruption. According to the authors, fighting corruption comprehensively is urgent, using a package of measures. However, the most urgent measure seems tougher sanction measures for corruption crimes. Yet, the authors conclude that the fight against corruption is a very complex phenomenon