12.00.00 Law sciences
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THE CONCEPT AND SYSTEM PRINCIPLES OF CIVIL LAW
DescriptionThis article focuses on the topical issues of improving the current Civil Code of the Russian Federation. This article reviews the current trends in the development of the principles of civil law, among which the tendency of universalization and unification of the law, as well as the tendency of forming a wide and active use of the principles of law as a regulator of social relations. These trends form the reflection of the historical life of law, as well as due to a purposeful search for the most appropriate and effective means of regulating social relations. The author systematically examines the basic principles of the modern civil law
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THE DEFINITION AND THE CONTENT OF THE CONCEPT OF ECOLOGICAL SECURITY OF THE RUSSIAN FEDERATION
DescriptionIn the article the definition and the content of the concept of ecological safety are considered. We have investigated the socio-political aspect of the contents of the concept of ecological safety, and also the structure of the contents of the concept of ecological safety. It allows defining political and legal model of ensuring ecological safety which finds expression in concrete state and administrative legal activity of rather extensive circle of the subjects providing normal functioning of habitat (ecosystem) of society and state. The political mechanism of ensuring ecological safety which defines it as internally interconnected set an element of system representing unity political and the precepts of law, institutes, an order and rules of activity aimed at providing guarantees of security of environment, the ecological rights and the vital interests of the person and citizen from possible negative impact of economic and other activity of people and threats of emergence of emergency situations of natural and technogenic character is investigated.The interrelation of the concept of ecological safety with an administrative legal regime of ensuring ecological safety is defined
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THE CONCEPT AND METHODS OF PRIVATIZATION OF STATE AND MUNICIPAL PROPERTY
DescriptionIn the article theoretic and practical problems of the privatization of the state property, introduction of amendments to the privatization legislation of the Russian Federation and regulation of processes of privatization are analyzed. Рolitical and economic reasons for privatization of big enterprises are considered, same primary problems of the process of selling the publicly owned companies and of the state financial control over the privatization are revealed
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THE CONCEPT AND FORMS OF TENDERS IN THE CIVIL LAW
DescriptionIn modern civil turnover the definition of a bidding contract is a well known way of making contracts. Despite this fact, the modern legal science has not formed a general idea about the tender. In particular, the problem of this phenomenon is in minor investigation of the principle of the conclusion of agreement and the deal itself in the civil law. It requires further legal analysis in investigation of the legal procedures of the contract at the auction. Legal regulation of the relations in the area of conclusion of the contract on bidding is quite extensive in reality and evidenced by the reflection in the legislation of a significant number of trades. A vivid example is the legislation on the auction, conducted for the purpose of placing the state order. This legislation is comprehensive and currently is under in the process of reform in development of a new contractual system of the state order. The particular interest increase in the conclusion of the contracts by means of the electronic trading platforms. Thus, the situation in the field of legislation on the auction, its practical application and theoretical research in this field requires the further investigation of the bid process as a whole law area that illustrates the relevance of this article
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Description
This article is devoted to the modern issues of the research of organizational and legal forms of innovative organizations. The authors consider innovative organizations as subjects of business law, where the special attention is given to small innovative organizations, created on the basis of Kuban State Agrarian University
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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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THE COMPARATIVE ASPECT OF THE MEANINIG OF LOSSES IN ANGLO-SAXON AND RUSSIAN CONVENTIONAL LAW
DescriptionAs a starting point of the research the author proceeds that Great Britain and USA appear as ones of large trade partners. As a sequence there are formed such situations in action, when it’s difficult to solve questions which are bounded with calculation of measure of damages taking into consideration peculiarities of Anglo-Saxon and continental legal families
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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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THE PROCEDURE FOR THE PROVISION OF HOUSING FOR REFUGEES AND DISPLACED PERSONS
DescriptionThe article touches the problem of studying the procedure of granting housing to refugees and IDPs (internally displaced persons) as well as their family members. The procedure of granting housing to refugees and IDPs is a very important process, being one of the general stages of the modern border policy of Russian Federation. The Standards of Housing Code and Code of Federal Regulations, which secure legal status of these categories of citizens, are analyzed In this article. The authors analyze criteria of giving the refugee or IDP status to a citizen, the procedure and conditions of providing housing to these categories of citizens. Based on the studies, the revision of the Standards of Housing Code, particularly, the expansion and supplement to the notion «accommodation» is offered, also it is offered to combine the general regulations on the procedure of providing accommodations to the refugees and IPDs. It is also substantiated in the article that there is need to amend the notion of specialized housing fond. The authors consider reasonable to clarify what are the other accommodations of different status that can be provided to refugees, IDPs, and their family members. The proposed changes in housing legislation will let us simplify and adjust the mechanism for implementing the housing regulations in legal relationships in providing housing for refugees, internally displaced persons and their families
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Description
Criminal case proceedings involve certain procedural activities and making specific decisions based on the results of these activities. According to the Criminal Procedure Code of the Russian Federation, procedural decision is defined as the decision made by a court, a public prosecutor, an investigator in the terms provided in the Code. However, there are some contradictions within the norms of the Code, which influence fair decision-making. These problems and some other issues are considered by the author in the article