12.00.00 Law sciences
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CRIMINAL LEGISLATION OF INTELLECTUAL PROPERTY GUARDING IN RUSSIA AND FOREIGN COUNTRIES
DescriptionThe article is devoted to some troubles connected with structure of the Russian legislation in sphere of criminal-legal guarding of intellectual property. Shown foreign experience of legal regulation of intellectual property relations examples, and proposing ways of improving current legislation on its grounds
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CRIMINAL AND LEGAL CHARACTERISTIC OF NON-TARGETED SPENDING OF BUDGETARY FUNDS
DescriptionThe article analyses the criminal and budgetary legislation in the field of non-targeted spending of budgetary funds. Research of the official statistics provided by the General Prosecutor’s Office of the Russian Federation from 2003 to 2014 showed a decrease in the facts of nontargeted spending of budgetary funds, that, according to the authors, is a sign of high level of latency, because law enforcement and financial control authorities are facing difficulties at a stage of identification of this crime and proof of data obtained during the investigative measures. The authors of the article paid special attention to the analysis of the elements of the non-targeted spending of budgetary funds. The different points of view of the object of this crime are considered. At disclosure of objective features, the authors point to the terminological differences between the Criminal code of the Russian Federation and the Budgetary code of the Russian Federation that, undoubtedly, in practice disturb the correct qualification of the actions. By consideration the subject of non-targeted spending of budgetary funds, materials of criminal cases have been studied which allowed to reveal obvious gaps of the criminal law in this sphere. The authors formulated the proposals for improving the legislation by inclusion of the qualifying features and addition the third part of article that, certainly, has to be reflected in differentiation of criminal responsibility
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Description
The article provides an overview of the resolutions of the Plenum of the Supreme Court of the Russian Federation, reflecting different approach to qualification of multiple offenses
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CRIMINAL AND LEGAL STRUGGLE WITH TERRORISM IN MODERN CONDITIONS
DescriptionDiscussion and problem questions of criminal-legal struggle with terrorism are considered. Terrorism as a phenomenon of our society was analyzed. The assessment of criminal legislation and the bill on property and criminal responsibility of relatives of terrorists is given
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CRIMINAL RESPONSIBILITY OF PERSONS WHO HAVE COMMITTED CRIMES IN THE STATE OF INTOXICATION
DescriptionThe article analyses the criminal legislation in the application of such circumstance aggravating punishment as crime in a state of intoxication. Different points of view on a concept of state of intoxication and its value for qualification of crimes and criminal liability are considered. It is emphasized that now the legislator establishes the rule according to which the person who commits a crime in a state of intoxication caused by alcohol, drugs, psychotropic substances or their analogs, new potentially dangerous psychoactive substances or other intoxicating substances is held to criminal liability on general basis. In the article, we describe foreign criminal laws concerning rules of sentencing a person who committed a crime in state of intoxication. The authors paid special attention to consideration of court practice of application of this circumstance aggravating punishment. The authors illustrate the lack of uniformity in approach of judicial authorities to application of this circumstance. The authors formulated the proposals for improving the existing criminal legislation. In addition, the authors point to the need for the Resolution of the Plenum of the Supreme Court of the Russian Federation, which would explain in detail the accounting rules of state of intoxication at criminal sentencing
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CRIMINAL LIABILITY FOR MURDER, COMMITTED FOR REASONS OF VENDETTA
DescriptionThe criminal legislation of the Russian Federation, the legal base is the Constitution of the Russian Federation clearly expresses a new concept of the object of criminal law protection. Although the criminal law is not explicitly said about the object of a crime, it is easy to see when thinking about the content of art. 2 of the Criminal Codex. This is human rights and freedoms and civil rights, property, public order and public safety, the environment, the constitutional system of the Russian Federation, peace and security of mankind, i.e., Criminal law provides a list of autonomous objects of abuse
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CRIMINAL LIABILITY FOR FRAUD IN LENDING
DescriptionThe article deals with the causes of the motivation growth among the population to commit fraud in lending. The article covers the problem of differentiation of a special type of fraud in the area of lending to the general composition of fraud under Art. 159 of the Criminal Code of the Russian Federation. Particular attention is paid to the analysis of the sanctions of Art. 159.1 of the Criminal Code. The author considers the problem of differentiation of criminal punishment for fraud in lending, which is stipulated by a special regulation in relation to Art. 159 of the Criminal Code. There is a proposed calculation of the fine, which should be based on the amount of the damage, and must be proportionate to it. The problem of distinguishing Art. 159.1 of the Criminal Code from the related elements of a crime under Art. 176 of the Criminal Code has been considered
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Description
The article is devoted to the analysis of the concept of legal capacity, which is one of the fundamental concepts in the science of civil law. The authors have covered approaches to the disclosure of this concept in the legal systems of foreign countries. The common features inherent in all considered variants of interpretation were revealed. Legal capacity is a sufficient criterion for establishing the fact of the legal existence of a legal entity. In accordance with Art. 17 of the Civil Code of the Russian Federation, legal capacity is the ability of an individual to have rights and bear responsibilities. The emergence of the legal capacity of an individual is determined by the moment of his birth (clause 2 of Article 17 of the Civil Code of the Russian Federation). Accordingly, the termination of legal capacity is determined by the moment of biological death (clause 2 of Article 17 of the Civil Code of the Russian Federation), since the subject of law no longer exists. If the person has been declared dead, but in fact is alive, this does not detract from his legal capacity, he automatically continues to use his legal capacity, respectively to enjoy the full range of rights and bear the responsibilities. In the scientific literature, both passive and active legal capacity are distinguished. The authors study different approaches, shows the lack of a common understanding of legal capacity, but all analyzed doctrinal approaches have a common feature - all reflections concern a certain person, his rights and duties. The authors concluded that the key component of legal capacity is the ability to be a subject of statutory rights and obligations
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Description
The constitutional regulations of all countries guarantee their citizens the right to education. In the Republic of South Ossetia during last years we observed a process of modernization of the state. In particular, the legislation on education directed on guaranteeing the right of citizens for education has been developing. The state defined the main directions of a development of education, material and personnel resources, and also the problems in this sphere were revealed. One of key problems is insufficiency of financing of an education system which doesn't allow guaranteeing the right for education at the necessary level. The availability of educational institutions for students is essential to guarantee the right to education. Modern states establish minimum standards for primary, secondary and higher education. Thus, primary education must be universal, compulsory and free, and in case of its absence, elementary education should be encouraged or intensified. In the secondary, including vocational, education guaranteed openness and accessibility for all, including through "progressive introduction of free education". In the Russian Federation, the availability of educational institutions for students was solved comprehensively, but mainly due to the municipal reform, according to which the territory is rural and urban settlements were formed taking into account walking distance from the administrative center. The author proposes to consider similar experience for South Ossetia
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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