12.00.00 Law sciences
-
TO THE QUESTION OF THE LEGAL NATURE OF MARRIAGE
DescriptionThe article is devoted to the analysis of various approaches to the main definitions of a family law, such as marriage, family, and marriage legal relationship. In the article we profoundly considered the legal aspects of a procedure of marriage as the act of registration of marriage is the basis of emergence of marriage legal relationship. The conditions and the bases of marriage are characterized. We made a conclusion that marriage is a legal fact establishing, changing or stopping the corresponding legal relationship
-
Description
In this article some features of standard regulation of duties of public servants in the XIX century are considered. The author investigates the problems of legislative providing the specified institute of the right. It's noted that in the Russian Empire the special attention was paid to the educational qualification of officials. In fact, education existence, during this period, was a duty for public servants. Even those persons who already served were obliged to get an education that certainly is a positive innovation. Thus, the educational qualification of officials of civil department was brought to the level of duties. Understanding the need of improvement of quality of public administration, the country leaders paid special attention to the questions of vocational training of future and working officials. For example, additional tests for officials of persons interested to receive higher position of a collegiate asessor or the state councilor were established. Increasing of education level of employees, elimination of low load of universities – the main objectives which were pursued. The author notes that conditionally the duty of public servants can subdivide into 2 types: the general duties concerning all categories of officials; the special duties established to certain officials. The special rights and duties of employees were established in departmental, local and bylaws. There was a more detailed study of the right of employees for the contents and provision of pensions. The concept of full material security of officials at the legislative level was successfully established by the state, but in practice the custom of "feeding" actively was implemented
-
TO THE QUESTION OF CIVIL SERVANT’S STATUS IN PREREVOLUTIONARY RUSSIAN STATE
DescriptionThe analysis of the pre-revolutionary Russian public service legislation confirms relevance of consideration of questions of legal regulation of civil servant’s status. This institute of the law had rather full standard fixing; however, unfortunately, had a number of gaps that in a certain degree had negative consequences
-
TO THE QUESTION OF WORKERS’ STATUS OF THE CENTRAL BANK OF THE RUSSIAN FEDERATION
DescriptionThe article examines some features of legal regulation of the status of workers of the Central bank of the Russian Federation
-
Description
During 6 years since 2008 active work on the reformation of the Russian civil legislation has been carried out. The legal capacity of non-profit organizations and improvements in its content proposed by the authors of the reform are considered in the article. The proposed changes wait for the researchers
-
Description
In this article the authors analyze the issues concerning loss of a right of using premises due to the constant absence of the tenant, members of his family on the occupied living space by reason of their departure to another place of living, proposals for establishing the subject of proof in cases of this category are given. Now the problem of regulation of the relations at departure of the citizens living together with the tenant, in other constant place of a residence is actual and demands revival of institute of recognition of such citizens in a judicial order lost a right of use of premises. The authors point out that neither the Housing Code of the Russian Federation nor the Civil Code of the Russian Federation does not mention the cases of loss of the right of using premises. In addition, the presumption of temporary absence of the tenant and the members of his family in the living space there is in the Housing Code of the Russian This fact has given rise to a large number of negative consequences, and was a prerequisite to the admission of errors in judgments of courts. In this regard, the authors consider that it is necessary to consolidate the institute of loss of the right of using premises occupied by the contract of social rent in the Housing Code of the Russian Federation
-
Description
The article covers the problems of legal regulations and implementation of civil and land law standards on the enforced termination of interest in land which can’t be possessed by the owner according to the law. The issues of the enforcement in the course of such termination of entitlement are also considered by the author
-
TO THE QUESTION ABOUT PROBLEMS OF THE QUALIFICATION OF FRAUD IN THE SPHERE OF LENDING
DescriptionThe article covers the problems of the classification of the crime under Article 159.1 of the Criminal Code of the Russian Federation, and its delimitation from certain related offenses. The article analyzes a definition of the area of lending as well as the definition of a bank or any other lender. The article also analyzes a subject of a crime and the subjective aspect of a crime. The author pays special attention to the analysis of the ways (methods) used to commit fraud in the area oflending. The article considers the question of whether the known to be false or misleading information provided to a bank or other lender is the evidence for the crime stipulated by Article 159.1 of the Criminal Code of the Russian Federation. The article encourages the exchange of the opinions upon the problem of the application of the law on fraud in the area of lending. The author indicates the need for some changes in Article. 159.1 of the Criminal Code of the Russian Federation and the adoption of a new resolution of the Plenum of Russian Supreme Court, which will resolve difficulties in qualifying fraud in the area of lending
-
TO A QUESTION OF DEVELOPMENT OF THE CONSTITUTIONAL REFORM IN MODERN RUSSIA
DescriptionIn the history of Russia, the year of 2012 opens the report of the new period of its development. The constitutional transformations begun in the end of 80’s of the last century, they find new directions and are filled with new maintenance, commensurable with worldwide processes. Sights at the tendencies formed in new conditions with orientation on succession in development of the previous transformations are offered in this article
- Description