12.00.00 Law sciences
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INVESTMENT ACTIVITY OF NON-STATE FOUNDS OF RUSSIA
DescriptionCurrently, pension by virtue of their social significance in favor of one of the main socially important guarantee of stable development of society, to ensure the financial and budgetary sphere of the state. Private pension founds are viewed as an instrument to raise the material well-being of pensioners. The social significance of non-state pension funds is to involve the population in the sphere of voluntary pension insurance. The author analyzed the role of non-state pension funds in acting to pension system. The article subjected to a detailed analysis of the norms of a number of Federal laws, fixing the investment activity of non-state pension found. The author concludes that there is a need to improve existing legislation on investment activity of non-state pension found. As well, the authors indicated some legal problems that occur in practice arising from owners of the investment portfolio. The authors have analyzed the performance of pension funds and formed an opinion about the state of the whole system. Following consideration of the practical problems has been offered for both theoretical and practical ways to address them in order to prevent violation
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ON QUESTION OF ESTABLISHING THE TAX OF INTERNET-SHOPPING IN RUSSIA
DescriptionCurrently, there is a topical question of legal consolidation in the tax and the customs legislations of the fee for goods purchased from a foreign company through a transaction concluded by the information and telecommunications network "Internet". According to the legislator, such innovations will limit the spillover of online orders to the neighboring states with a high threshold for duty-free shipping, which will strengthen the domestic e-commerce market. The authors believe that the consolidation of the institution in the national legislation would contradict the general provisions of tax legislation. The authors believe that such measures will increase the number of sham and mock transactions and reduce import turnover. The proposed projects of the European Economic Commission of the European Economic Union on the Internet fees in their structure are poorly written, in particular, they lack the concept of internet purchase, there is no resolution of the issue of the relationship between the collection and the value added tax.The authors come to the conclusion that these projects should to be completed, in particular, it is proposed to supplement the provisions of domestic legislation, delimiting the object of taxation the value added tax on the object of taxation for cross-border fee to be paid for an online purchase. Their immediate implementation without significant changes will not create a proper mechanism for the implementation of this institution, and generate a lot of conflict situations
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LEGAL NATURE OF CORPORATE AGREEMENT IN THE RUSSIAN LAW
DescriptionLegal consolidation of the corporate agreement institution in the Civil Code of the Russian Federation allowed the participants of business companies to implement and manage corporate rights in accordance with this agreement. However, reception of the institution and the lack of uniform court practice gave rise to many doctrinal disputes about the legal nature of the contract. The article presents the opinions of scientists on the issue of what rules of areas of law regulate the corporate agreement, whether it is separate or complex legal institution. The authors consider that the corporate agreement is governed exclusively by the rules of civil law. The corporate agreement is not a contract or an obligation in the traditional sense, however, it should be subjected to the general rules of obligations and contract law The corporate agreement has features of the unnamed contract, but despite this, it should be recognized as an independent civil law named contract. It is needed to ensure that, in addition to the general rules of the Obligations and Contracts, the rules of a treaty on the rights of participants of the limited liability and stockholders' agreement are applied to the corporate agreement
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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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THE GIFT CONTRACT IN THE CIVIL CODE: HISTORY OF BECOMING AND DEVELOPMENT IN RUSSIA
DescriptionThe contract of donation is one of the most common and frequently encountered in practical life, civil contracts. This article describes the history of the formation of the contract of donation in civil law of Russia. The author analyzes in detail the legal provisions of the contract of gift, enshrined in the current before the Civil Code of the RSFSR in 1964. Soviet scientists considered some of the issues that have been and (or) remain outstanding or require specification of the legislator. Previously existing legal acts do not take into account many associated with the donation contract questions arising in practice, such as cancellation the contract of donation. We study the qualifying elements of a deed of gift, which allows distinguishing it from related contracts. It is noted, that the scope of the rules on the contract of donation has expanded with the time, which could not be taken into account by the legislator. Current legislation regulates the peculiarities of relations arising in connection with the execution and the conclusion of the contract of donation. The author analyzes in detail the current legal regulation of the contract of donation in the current Civil Code. In particular, this article presents the problematic issues: the implementation and application of the contractual relationship between the given and giver, raised the question of the qualifications of donation with the participation of public servants, and lists some proposals to address the shortcomings in the current legislation. The article made other critical comments with regard to the rules on the contract of donation in the civil legislation of the RSFSR and the Russian Federation. The article has a research character. The authors show the way to solve the most pressing problems of enforcement under the contract of donation, and put forward proposals to improve the legislation
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ENSURING FULFILLMENT OF OBLIGATIONS BY MEANS OF GUARANTEE: FROM BANKING TO INDEPENDENT
DescriptionRussian civil legislation contains a list of ways in which the parties to the transaction have the ability to enforce the commitments. These methods form an important institute of the Russian law of obligations. For a lender, ensuring the fulfillment of the obligation is an additional guarantee that the commitment made by the debtor of his obligation will be fulfilled properly in accordance with the terms of agreement between them. In this article we will focus on independent guarantee – one of civil-law ways of ensuring the fulfillment of the obligations which differs from the others. The independent guarantee is not new to the domestic civil law. Thus a bank guarantee, familiar to the Russian law, have transformed. Having made a comparative legal analysis of the characteristics of a warranty considering significant changes in liability law norms, the authors explore the legal nature of the independent guarantee, define its place in the system of the ways of ensuring the fulfillment of obligations, analyze the feasibility and effectiveness of the implementation of the warranty in practice, focus attention on the discussion of theoretical questions, and name problems that law enforcers may face in ensuring the fulfillment of obligations by means of the independent guarantee
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Description
The author has analyzed scientific and technical literature, plus materials of judicial and investigative practice, criminal procedural law, different views of scientists, as well as his own judgments on the proposed changes and additions to the content of the article 163 of Criminal Procedure Code. The analysis allows the author to declare the need to invite the heads of the investigative bodies of the various departments and units to carry out more in-depth additional analysis of the items and norms of the criminal procedural law governing the activities of the detective, the head of the investigative body, the head of the investigation team, the investigator, the chief of the inquiry body, the body of inquiry unit and the head of the group of investigators. However, the article 163 of Criminal Procedure Code provides for organizational and administrative activity of the head of the investigative body in terms of decision-making on the establishment of the investigation team, in determining the psychologically compatible, pushing and experienced investigators, members of the investigation team, as well as the approving of the head of the investigative group. Moreover, according to the p. 3 of part 1 of the art. 39 of the Russian Criminal Procedure Code, a head of the investigative body has the right to give instructions about the direction of the investigation and certain investigative actions
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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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THE CRIMINALISTIC CHARACTERISTIC OF TERRORISM
DescriptionImproving methods of investigation of terrorism is the leading task of modern criminalistics. Different aspects of criminal law and criminology connected with the fight against terrorism were under focus in juridical literature. At the same time criminalistic characteristic of terrorism as a system of generalized notion of significant features of crime under discussion and its interconnections are not analyzed properly. There is a need for further analysis of terrorism, suggestions for its prevention and control. The article deals with exploration of the subject of criminal encroachment, the method of commission and concealment of this crime, the mechanism of formation of traces, the circumstances of the offence, the personality characteristics of the offender and the victim, under circumstances of changing crime situation and significant increase in offences of a terrorist threat
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ABOUT IDENTITY OF THE RUSSIAN MODEL OF CIVIL SOCIETY: NONTRADITIONAL VIEW ON TRADITIONAL VALUES
DescriptionThis article focuses on actualization of mainstreaming of research the problems of development of native civil society within the conservative direction, based on historical civilizational identity of Russia. Comparing main postulates of russian and west civilizations their historically formed priorities in spiritual, political and economic spheres are showed. Based on them and on critical assessment of attempts to adapt the western model to Russian reality, authors consider that the nature of the problem of similarity between Russian reality and model civil society is in only west orientation of civil society theory, which does not suit to stable features of Russia as specific civilization. Trying to find an optimal model of civil society, authors refer to an idea of core values of native civilization. A number of historical issues, which influence on positive development of civil society in Russia, is showed. In order to solve them it is suggested to take measures, the realization of which depends on implementation some functions by civil society together with the state. It is concluded, that Russian society during its history can be reviewed as a civil society within its traditional value