12.00.00 Law sciences
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Description
Parliamentary hearings are basic organizational and legal forms of the legislative (representative) institution. The article is devoted to constitutional and legal consolidation of this activity form by federal and regional legislation on the current stage
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Description
The article discusses various criteria for the classification of legal systems. Special attention is drawn to the civilizational approach, which can be effectively used in the classification of legal systems. In accordance with the civilizational approach in the world there are many civilizations, developing according to its own laws (for example, the Scythian civilization, ancient Egyptian, etc.). In accordance with this approach the history of mankind is a history of the development of civilizations. There are different definitions of civilization. In generalized form is a community of people with particular characteristics in the socio - political organization, economy, culture. All States from the point of view of the civilizational approach can be divided into two types: Eastern (China, India, the Empire of the Incas, etc.) characterized by Marx as the "Asian mode of production"; the Western, or progressive (especially European countries). Each of these types has its historical features. In turn, each of these types has its own legal family. It appears that the basis for determining the classification of legal systems is a normative element of the legal system, including law, legal principles, sources of law, legal system, legislation, legal techniques. But this criterion can be applied in one and the same type of civilizations. In accordance with the criterion of the country of the Western type, can be divided into two large families: the Romano-Germanic and Anglo-Saxon. It should be noted that globalization processes in the modern world lead to the convergence of legal families. In particular this applies to the RomanoGermanic and Anglo-Saxon legal families, between which there is a gradual disappearance of the traditional differences
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TO THE PROBLEM OF RUSSIAN LEGAL SYSTEM IN THE WORLD LAW GEOGRAPHY
DescriptionThe article shows that the legal system of Soviet state was considered as a type of social legal family. The author analyses the main approaches to the relation of modern legal system of Russia to the corresponding legal family and shows civilized peculiarities of Russia
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Description
The article discusses the analysis of the new rules of the civil code of the Russian Federation on legal entities; determine the positive and negative aspects of the application of the rules. The author comes to the conclusion about the absence of reasonable grounds for the completion of the legislative work in building a system of legal entity
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Description
The article discusses the analysis of the new rules of the civil code of the Russian Federation on legal entities; determines the positive and negative aspects of the application of the rules. The author comes to the conclusion about the absence of reasonable grounds for the completion of the legislative work in building a system of legal entity
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THE DIRECTIONS OF THE LEGAL PREVENTION OF FAMILY AND DOMESTIC CRIMES COMMITTED WHILE INTOXICATED
DescriptionThe aim of this article is to define the criminal law prevention of family offences committed while intoxicated. The qualitative and quantitative indicators of family offences committed while intoxicated were shown. We have proposed to amend existing legislation in order to increase the effectiveness of the criminal law prevention of family violence crimes committed while intoxicated. Criminal law prevention of family offences committed while intoxicated is methodologically built on the following positionscomparative-legal and socio-political, general and private scientific and statistical information. In our view, the main point needs to be done to identify the causes and conditions conducive to family and domestic crimes committed while intoxicated. We have to identify the main qualitative and quantitative indicators of family offences committed while intoxicated and define the basic efficiency of criminal law prevention of family violence crimes committed while intoxicated to make proposals to amend the existing legislation. As the findings of the study, the proposed main areas of improving criminal law prevention of family offences committed while intoxicated
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Description
Norms of the active Russian legislation enshrining the inheritance rights and defining the status of surrogate children, surrogate mother and the genetic parents connecting to the question of the obtaining and realization of the inheritance rights of these children are subjected to a detail analyze in the article. The authors described uncertainties and double-meanings of some occasions of appearing of surrogate children’s inheritance rights, what arise in practice, for example, when surrogate mother in childbirth could not give her agreement for registration people, who had given their genetic material, as parents of surrogate child. The authors found out imperfection of active legislation of Russian Federation in the context of question of surrogate children’s inheritance rights in case of genetic parents’ death before childbirth. Other important question, that the authors tried to resolve in the article, is connected with child’s inheritance rights, who was conceived after death of his genetic parents. Also the attention is focused on the absence legal mechanisms of action on genetic parents, who refuse surrogate children, in the Family Code of Russian Federation and in Civil Code of Russian Federation. Authors reached a conclusion that surrogate children’s inheritance rights should be legal regulated in detail. Some suggestions on these issues are offered in the article
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TO THE DEFINITION OF “ORDINARY COURSE OF BUSINESS” IN CORPORATE LAW
DescriptionThis article deals with civil cases before the courts and relating to the interpretation of the term "ordinary course of business" entity. To deal with such disputes need to understand a clear definition of this concept and to consider the specifics of such claims
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THE ISSUE OF CONCEPT, FEATURES AND CLASSIFICATION OF FINANCIAL-LEGAL NORMS
DescriptionThe concept, essence, value and classification of financial-legal norms are considered in the article. The special attention is paid to detection of peculiarities of these norms allowing delimiting them from norms of other branches of the law. The article emphasizes the fact that the direct purpose of the financial law norms is defined by a subject of the financial-legal regulation that is the relations arising in the process of public financial activities for regulation of formation, distribution and use of public funds of money. The authors’ opinion is reasoned about the fact that financial-legal norms are seldom arise as actual one because rules of conduct very rarely developed in social life as a prototype of the financial-legal norms. This circumstance is caused by the fact that financial relations do not exist and do not arise by it; these relations are shown in the forms determined by the state (municipalities) and depend primarily on social needs which are determined by a level of development of the commodity-money relations, extent of the state activity, social problems and so on. Besides, authors explore the reasons of instability of the financial law norms. In addition, in this article the authors’ opinion about action mechanism of the financial law norms as very actual phenomenon in modern Russia is reasoned. Due to the fact that the budget system of the country is under the influence of financial-legal norms, with help of such norms state extra-budgetary social funds formed and used, monetary and exchange rate policy carried out, so the need of deeper study of these norms and understanding their action mechanism is very actual phenomenon in modern Russia
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TO THE QUESTION OF THE PROMOTION AND AWARDING OF PUBLIC CIVIL SERVANTS
DescriptionIn this research, we discuss promoting and rewarding of civil servants. These methods represent system stimulants that affect the needs and interests of the public civil servant in order to induce him to conscientiously carrying out their duties. It is concluded that awarding and promotion are important parts of the incentive scheme for civil servants, because they show how faithfully and efficiently citizens do their job, and these methods pave the way for this fellow citizen doing their job perfectly. We must mention the material benefits obtained by a civil servant usually in the form of encouragement. It should be noted that in recent years actively updated current legislation has been promoting and rewarding measures that are established by different public authorities, which gives law enforcers more options in choosing the measures of rewarding and encouraging, relevant to labor achievements of citizens. The main legal source is the Law of 27 July 2004 N-79 "On State Civil Service of the Russian Federation,"[1] which established an indicative list of awards and rewards of public civil servant