12.00.00 Law sciences
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ABUSE OF RIGHT IN THE CASE OF PROPRIETARY RIGHTS
DescriptionThe article is devoted to one of the most disputable categories of jurisprudence – to abuse by the right. The law does not allow the exercise of property rights with the intent to harm another person, as well as abuse of rights in any form, including in the form of circumvention of the law. The author considers the already known issues with the application of the principle of the inadmissibility of abuse of the right, as well as the new ones in connection with the amendments to the Civil code of the Russian Federation. In particular, we investigate the principle of good faith as a fundamental principle for civil rights. The article is devoted to the question on the essence and the legal nature of circumvention of the law in the property-legal relations, as well as the notion of circumvention of the law with unlawful purpose as a form of abuse of right. On the basis of the study the article presents the author's notion of circumvention of the proprietary right. The author made a conclusion that the correct interpretation of the categories of "subjective property law and protected by law interest" is the key to understanding the term of abuse of right in the exercise and protection of property rights. The conscientiousness of participants of civil relations, as well as the intelligence is the proper limits of lawful behavior of the subject property relationship, the breaking of which allows detecting the signs of abuse of subjective civil law
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THE ABUSE OF RIGHTS WHILE TRANSFERRING REAL ESTATE
DescriptionThe article is devoted to one of the most disputable categories of jurisprudence – to abuse by the right. The law does not allow the exercise of civil rights with the intent to harm another person, as well as abuse of rights in any form, including in the form of circumvention of the law. The author regards as the already known issues with the application of the principle of the inadmissibility of abuse of the right, so new in connection with the amendments to the Civil code of the Russian Federation. The amendments to the article on the abuse of rights were caused by the current practice. However, there remains a question about how well these novels are being implemented. This article examines the question of the application of the principle of prohibition of abuse of rights in proprietary relations. Statistics show that the judges started to apply Art. 10 ten times more often in proprietary relations. Still, this situation is inextricably intertwined with the risk of judicial discretion. The article also investigated the correlation of the subjective rights of a bona fide owner and a bona fide purchaser of real estate. Based on the conducted research the author proposes the notion of abuse of right in property relations. It is concluded that a proper understanding of the categories of "bona fide owner" and "bona fide purchaser" is the main factors in the resolution of a number of practical issues
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ABUSE OF RIGHT: CONCEPT, SIGNS, GENERAL CHARACTERISTICS
DescriptionThe article is devoted to one of the most disputable categories of jurisprudence – abuse of rights. Modern civil legislation contains many of the assessment law. Interpretation and specification of evaluative concepts is a challenging intellectual process. Abuse of right is a consequence of the process of interpretation of appraisal standards. The law does not allow the exercise of civil rights with the intent to harm another person, as well as abuse of rights in any form, including in the form of circumvention of the law. The author regards as the already known issues with the application of the principle of the inadmissibility of abuse of the right, so new in connection with the amendments to the Civil code of the Russian Federation. In particular the principle of good faith is investigated as a fundamental principle for civil rights. The article is devoted to the question on the essence and the legal nature of circumvention of the law, as well as the notion of circumvention of the law with unlawful purpose as a form of abuse of right. On the basis of the study presents the author's notion of circumvention of the right. The authors have made a conclusion that the correct interpretation of the categories of "subjective property law and protected by law interest" is the key to understanding the notion of abuse of right. The conscientiousness of participants of civil relations, as well as the intelligence is the proper limits of lawful behavior of the subject civil relationship, the breach of which allows detecting the signs of abuse of subjective civil law
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Description
This article is devoted to the analysis of the historical event which was signing the Manifesto of 15 March, 1917 about abdication by the Nicolas II. We have considered the place, the role and the importance of the Russian emperor abdication in the decline of the Russian state system and the influence on declining of morality of Russian society in connection with the ensuing historical events. Using of the foundations of the constitutional system allocated by modern science of constitutional law, the authors conducted a comparative analysis of changes in the constitutional system of the Russian Empire, related to abdication of Nicolas II. The authors deliberately equated the concept of «the constitutional system» and «the state system» for evidence of existing state. As a result of the analysis, the authors concluded that the Russian Empire was characterized by signs of the state system, rather than the constitutional system in its modern sense. The signs allocated by authors are important for application of experience of the events occurring in the state during the reign of Nicolas II for their use and practical implementation at the present stage of development of the state. The authors do not agree with the point of view prevailing in historical science, defining Nicolas II as emperor, who preserved the remains of statehood in a difficult time for the Russian Empire and saved society from destruction. On the contrary, the authors consider that inconsistent destructive actions of Nicolas II caused the collapse of Russian Empire
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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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Description
The article is about legal status of artificial plots of land in International law. The authors briefly tell about the history of development of modern international maritime law. Then the authors analyze United Nations Convention’s 1982 on The Law of The Sea norms about legal status of artificial plots of lands situated in different regions of marine space: in the territorial sea, the contiguous zone, on the continental shelf, in the exclusive economic zone, on the high seas. The convention includes terms of the same nature, for example, artificial island, installations, structures, devices and constructions. The term «constructions» is collective for all objects, that was made by people in the maritime space. At the same time, the Convention divides some kinds of artificial things. In addition, the article is about State Sovereignty issues of artificial objects, which are placed in the maritime space. The authors established some parallels between International law rules and Russian law rules, which govern the legal status of artificial plots of land
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APPLICATION OF PROOFS IN REMEDIAL DECISIONS AT THE STAGE OF INITIATION OF CRIMINAL CASE
DescriptionA conclusion may be drawn, based on the analysis of allowability of criminal-procedural evidences which include legitimacy of the source of information relating to the facts and ways of obtaining and fixation of information mentioned in the order stipulated by the code of criminal procedure
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USE OF MATERIALS OF OPERATIVE-SEARCH ACTIVITY IN THE INVESTIGATION
DescriptionThis scientific article is devoted to the issues concerning the use of the materials of operative-search activity in the investigation
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USING EXPERTISE IN THE INVESTIGATION OF UNLAWFUL USE OF A TRADEMARK
DescriptionThe author of the article explores the order of the using the special knowledge in the investigation of the unlawful use of the trademark, the forms of the using special knowledge. It is impossible to carry out the investigation of the illegal use of a trademark just as other economic crimes without the use of the special knowledge. The main task which is solved by means of the expert research is finding of the use on the certain products of the alien trademark, this means there are mismatches of the product quality with the quality of the claimed trademark. No matter in what forms the special knowledge is used (the expertise, the professional judgment or the debriefing of the knowledgeable person), it should be used at the time of the inspection reports of the illegal use of the trademark. The author has examined the procedures of the competent person, who invited as a specialist during the inspection of the seizure, counterfeit products; he showed the sequencing of the action for the implementation of the examination by a specialist. During the inspection the expert must assist the investigator (inquirer) in the identifying of those attributes that point to counterfeit products. The characteristic signs of the counterfeit products were investigated. It is highlighted the need for special knowledge in the field of merchandising, for the conducting of the merchandising researches in the investigation of the unlawful use of the trademark, is also needed for the appointment and other examinations such as patents; computer, technical and forensic examination of documents
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USE OF EXPERTISE IN THE INVESTIGATION OF THE MURDERS OF A MOTHER OF A NEWBORN CHILD
DescriptionThis article is devoted to the research of the use of special knowledge in the investigation of murders committed by mother of a newborn child; it discusses the most common types of expertise, appointed for this category and describes their specific features