THEORY AND HISTORY OF LAW AND STATE;
HISTORY OF THE DOCTRINE OF THE LAW AND THE STATE.
CONSTITUTIONAL LAW
Adelseitova A.
On the question about legal institution of refurees: comparative-legal aspects of Russian Federation’s and Ukraine’s legislation
This article reveals a juridical interpretation of the concept “refugee”, analyzes various comparativelegal aspects of their legal institution in the international acts, practice of different states on refugee’s issues including considering the documents of special international organizations, which were created to protect the rights of refugees: documents of the League of Nations, The United Nations, regional international conventions and modern legislation of Russian Federation and Ukraine.
In the process of analysis the definitions of various categories of migrants it was revealed that refugees differ from other categories of migrants. The concept «refugee» includes as positive features when the person is granted refugee status as negative peculiarity – when the person can’t be a refugee or stops being a refugee.
Gurina L.
Development of standards the status of employees of the Soviet merchant navy in 1921 -1928 years
In the article questions are considered touching a process becoming of legal status of office workers of soviet mercantile fleet in 1921 — 1928, affecting thus a period between the emergency legislation of civil war and интревенции, from one side, and by edition of Code of Trade Seagoing in 1929, with other. Analysing the normatively-legal acts of указанног period an author draws conclusion about absence of clear ways of determination and development of status of office workers of mercantile fleet for a soviet legislator in this period. Mainly plenary powers of captain and requirements were only prescribed to employment of basic positions on a mercantile fleet.
Yenileyeva A.
Rules and Principles in R. Alexy’s Theory of Constitutional Rights
The article deals with the division of legal norms on rules and principles in R. Alexy’s doctrine of constitutional rights. Essential criteria for dividing rules and principles common to the foreign legal thought are considered. The advantages and distinctive features of formal legal criteria proposed by R. Alexy are highlighted.
The definition of rules and principles and the role of such a distinction in the R. Alexy’s doctrine of constitutional rights is analyzed. It is established that division of rules and principles in R. Alexy’s «Theory of constitutional rights» is an important methodological tool to distinguish between legal norms depending on the method of norm’s implementation — subsumption or balancing. Reliance on this classification allows R. Alexy to consistently substantiate methods of the constitutional rights legal norms application and to resolve the issue of the admissibility of the proportionality test application depending to the kind of constitutional right legal norm.
Principles and legal frameworks of device of autonomous societies of Crimea are in-process probed at the end of XVIII – beginning of XIX v. In-process specified that activity of such societies, created on national, religious, territorial, economic and other signs far not always was the article of adjusting from the side of the state. In also time in the article normative-legal acts are given pawning, fastenings or specifying positions of such societies, above all things national and religious. Exposure of existence of another types of the autonomous communities in Crimea, including created and operating on economic, productive principles, their legal base is perspective direction of further researches.
Karaya A.
Legal regulation of the land relations at the period of Taurida republic’s coming into being
The article is devoted to the research of the development of land relations at the period of declaration about creation of the Soviet Socialist Taurida Republic in 1918 in Crimea. The article also deals with the study of changes in the legal system of land relations. While analyzing legislative acts, some gaps were found out as far as the aspect of the regulation of the individual categories of lands is concerned. To be more concrete, these lands are meant for farming. The legal fundamentals of reorganization of the system of land committees, the process of lands’ nationalization and creation of collective farms are defined in this research.
Kashchenko S.G., Taran P.Y.
The Court and Trial in the ancient Hebrew State
The article deals with the organization and operation of the courts of the ancient Jews. It shows that the judicial system was structured and that it was formed and acted on the basis of legal rules that have arisen before the creation of the Hebrew state, and then were included in the Torah precepts of the Old Testament of the Bible. The authors characterize the types of decisions and sentences which were taken by court on the different cases.
Koval A.
Organization of management by ports In 1917 — 1923. In a region Black and Аzov seas
The article is sanctified to the study of management evolution by ports in the Черноморско-азовском region in 1917 — 1923 On the basis of studied normatively legal acts drawn conclusion, that originally by bolshevists was taken for basis imperial control system by ports with an incorporation in her new administrative structures as in a higher link so in more subzero. Originally a considerable role was taken to different conventions and trade-union organizations, however at the beginning of 1920th the system of collective acceptance of major decisions More began to be used with establishment of executive power on port territory of port admiral.
Work is sanctified to the study of the basic norms, stopped up in position about the sanitary guard of marine borders of the USSR from March, 10 1925, and also accepted in his development and addition regional documents, setting the states of medical sanitary department on black Sea water transport, states of the Medical observant station in Odesa of medical sanitary department on black Sea water transport, states of water sanitary areas medical sanitary department on the black Sea water-carriage and, finally, the states of sanitary districts and special sanitary supervision medical sanitary departments of commissariat of health protection on the ways of report of Ukrainian Soviet Republic. Exactly by these decisions the construction of the special medical sanitary service was begun on the water-carriage of the Black sea.
Prokhorov D.
The legal basis for denominational self-governance of Karaites in the late 18th – first half of the 19th centuries
The article focuses on major steps in the evolution of Karaites legal status in the late 18th – first half of the 19th centuries after Russia expanded into Crimea. Based on the analysis of the laws and regulations implemented by the government, as well as of archival records reflecting historical development of their denominational self-government bodies, Karaites has been determined to gain new legal status granting them all rights and freedoms under Russian Empire jurisdiction. On the other hand, social contradictions grew between Jewish and Karaite communities revealing themselves through some isolated incidents and consequences in the second half of the 19th century.
Poddubniak A.
Jurisprudence: relevance of teaching in educational institutions of higher education of the nonlegal profile
One of the compulsory discipline for the majority of non-legal professions profile in accordance with the federal state educational standards is an academic discipline «Law». The inclusion of this discipline in the educational standards confirms the relevance of its teaching, there is no doubt of the necessity of teaching, which, in turn, motivated by the desire to create a legal reality and improving the legal culture of the student, to respect the laws and other normative acts of the Russian Federation. The main objective of the course «Law» — to develop the students’ law-abiding, to give knowledge of the law regulating the legal relationship in which graduates will be joining in the course of employment, participation in the political life of the country, the implementation of individual rights and freedoms. The formation of civil society, the state legal system, democratization of public relations contributes to activity of the individual as the subject of the relationship.
This predetermines the need for students knowledge of state-legal phenomena, which are one of the leading means of ordering social relations, any one person can not do without it.
Ostrovskyi A.A.
Legal frameworks of creation and activity of prisoner companies of civil department are in the Russian empire
In-process basic normatively-legal acts open up and studied pawning bases creations and to activity of prisoner companies of civil department in the Russian empire. Specified, that experience of creation and activity of prisoner companies of military department was used in this process, and that is why the legal base of these prison establishments, as tasks and methods of activity, were very similar in a great deal. It is underlined that prisoner companies were one the severest punishments unconnected with privation of life, after hard labour.
In addition, usually after departure of term of punishment in them the convict force left on a settlement to Siberia.
Abstract: the article gives a comparative analysis of the constitutional-legal status of the Republic of Crimea in 1992, after the formation of the independent unitary Ukraine, and the Crimea as the Autonomous Republic of faces, and the constitutional-legal status of the Republic of Crimea in 2014, after joining the Russian Federation, a subject of the Federation. Features of the legal status of the Republic of Crimea within the Russian Federation did not provide evidence to suggest that it has a special status in the federal system in Russia. The author believes that the Republic of Crimea within the Russian Federation should be viewed as political autonomy with a high level of competence.
Sorokin R.
Financial and economic policy Crimean Regional Government under the presidency of Solomon Crimea
The article contains research and analysis of financial and economic activities of Crimean Regional Government of Solomon Krym. The article stated that one of the governments, whose work to date has not fully investigated, a Crimean Regional Government of Solomon Krym in force in the territory of the modern Republic of Crimea in November 1918 — April 1919. According to the Declaration of the Crimean Regional government of Solomon Krym, strengthening the financial system, the development of trade, food security and the formation of the rise of the region’s economy were among the priorities for its activities. Financial and economic activities of Crimean Regional Government of Solomon Krym can be divided into two stages. The first, from November 1918 to January 1919’s., Characterized by the use of «soft» methods of government regulation of the financial and economic sphere: the formation of the banking system, issue their own currency and the regulation of trade. The second stage, in February — March 1919 is characterized by the use of «hard» methods such regulation, the main of which was the introduction of new taxes and measures of liability for evasion of their payment. Activities Crimean Regional Government of Solomon Krym stopped as a result of doing a great part of the peninsula by the bolsheviks in April 1919.
Sharmoyants A.
Becoming Republic of Crimea аs the lowmaking subject in the Soviet period
This article analyzes the experience of formation and functioning of the Republic of Crimea, as a subject of law-making activity in the Soviet period. Analyzed the powers of lawmaking organs of the Republic of Crimea on the Constitution of the RSFSR, the USSR, the Crimean Autonomous Republic and other normative legal acts of the period. The formation of the Republic of Crimea, as a subject of lawmaking, figure, divided in three stages, we assume there is a change of the legal status of the Republic, through the faces of the redistribution of powers between the republic and the central authorities. Analyzed changes in the lawmaking powers of the authorities in each of the steps discussed.
LAND LAW; NATURE AND RESOURCES LAW;
ENVIRONMENTAL LAW; AGRARIAN LAW
Alimov Z.
Study of legal regime land in the doctrine land rights Russia and the post social space
This paper investigates the nature and value of the legal regime of the land. The robot driven by an understanding of the legal regime of the land which had been formulated as a Soviet scientist of the period, and contemporary scholars of our time. However, to date, the Land Code of the Russian Federation, there are seven different in its own way, as the content and the value of land categories, in turn, each of which has its own specificity and identity. It should also be noted that such a category as «the legal regime of the land» is widely used in the doctrine of the land law and plays an extremely important role, as closely linked with the question of objects of land relations, the system of land law, its principles and objectives. Of great importance is the use of this concept in science and academic discipline of land law. Using the concept of «legal regime of the land» in scientific research contributes to ease of ordering and presentation of legal material, allows the researcher to formulate the problem, determine its boundaries and it is logical to disclose their ideas.
CRIMINAL LAW AND CRIMINOLOGY; PENITENTIARY LAW
Bugayev V., Ablyazova F.
The social nature and genesis of criminal liability for illegal business
The article discusses the causes and development of criminal liability for illegal entrepreneurship in Russia. Define the concept of business activities in a legal way, and illegal entrepreneurship. Analyzed criminal-legal norms providing for liability for illegal entrepreneurship in their genesis. Showed social danger of the illegal entrepreneurship, other reasons for its criminalization. Defined the concept of entrepreneurial activity carried out by lawful means, the time from which such activity is criminal in nature, and forms of illegal enterprise. In the article there is shown the necessity of such legislative regulation of the investigated acts, which is provided by article 171 of the criminal code of Russian Federation.
Van Cz’uy.
Application of probation in the Criminal Code of China
The author indicates theoretical and practical aspects of using probation in China. The article shows legislative regulation order of implementing and fulfillment of probation, also the aim of trial period for sentenced persons by convention, their responsibilities and legal operation of implementation of this punishment type. It speaks about the application of individual approach and supervisory regime to the sentenced person. In the article specified that strict penal treatment is inappropriate regarding persons who are guilty in crimies which doesn’t have big public danger.
Implementation methods of criminal responsibility which are not connected with real service of sentence as probation are enough for these lawbreakers. Institution of probation needs further research where vitality and efficiency would checked in real life within practice.
Voloshin I. A., Voloshin A. I.
Experience of public works abroad
Principles and legal frameworks of device of autonomous societies of Crimea are in-process probed at the end of XVIII – beginning of XIX v. In-process specified that activity of such societies, created on national, religious, territorial, economic and other signs far not always was the article of adjusting from the side of the state. In also time in the article normative-legal acts are given pawning, fastenings or specifying positions of such societies, above all things national and religious. Exposure of existence of another types of the autonomous communities in Crimea, including created and operating on economic, productive principles, their legal base is perspective direction of further researches.
Garcheva L.
Legal foundations of corruption counteraction in the Russian Federation
The article summarized and analyzed the Russian legislation in the field of corruption counteraction; underline its modern, progressive nature, in accordance with international standards. It is noted that the effective implementation of this legislation is able to address the challenges facing the public authorities and civil society in corruption counteraction. However, analysis of practices corruption counteraction in Russia and the analysis of the international Corruption Perceptions Index (CPI) show that a strong anti-corruption legislation is not a panacea in the fight against corruption. The corruption counteraction must be carried out in all spheres of public life, and in this process should involve all state institutions, public organizations, citizens. Without effective communication with non-government organizations, civil society, the inclusion of the public, community groups in the process to solve the problem of corruption is impossible. In order to tackle corruption we should start people psychology , the moral and political climate in the society; improving the legal culture of the population, the spiritual and moral potential of society; shaping public opinion, intolerant of corruption; as well as establishment of an effective legal and judicial systems, enhance the credibility and accountability of the judicial authorities for the proper implementation of the legal principles and norms; building a democratic state and the formation of a strong civil society.
Gerasimenko V.
Legal counteraction raiding in the Russian Federation
In this paper the gradual development and penetration into the Russian society in the 2000s, negative economic effects «raiding». The paper states that the raid currently has a significant criminal component, but the main noun-destructive of it appears to undermine the economic security of the state to the detriment of international-foot image and investment attractiveness of the country.
It is pointed out that the raid based on corruption and to implement the improvement of anti-corruption legislation is an effective opposition to raiding. Raiding as a kind of criminal activity, acquired organized, committed with the use of the gaps in existing criminal law and criminal procedure law, the elimination of which is offered by legislators and lawyers. The article analyzes the anti-raider legal acts, including those adopted after 2010 a number of amendments to the anti-raider Articles 1701 1852 1855 2853 Penal Code. But since all the problem they decided, because of the incomplete match the specifics of this category of crimes, in the spring of 2015 in the State Duma introduced a new draft law antireydovskih. The new laws are intended to develop common approaches in the fight against raiding and setting tough criminal responsibility for the implementation of raiding activity. The article summarizes the legal and business proposals to develop a set of organizational and legal measures and legislation to combat raiders, as well as the development of greatenforcement practice to the law on corporate raiding.
Gubanova E.V.
The problem of actualization of human traffick ingintheera of globalization
Globalization modifies and changes organized crime qualitatively and quantitatively, giving rise to new forms and increasing the size of the effects. Globalization of crime is now in one line with the problems of global warming and the proliferation of weapons of mass destruction. The problem of human trafficking has been aggravated, too. The article highlights the causes of human trafficking and its main kinds, such as forced labor, human trafficking for sexual exploitation, et al. The author also lists risk groups in terms of the possibility of falling into a situation of trafficking. The access to new spaces for the expansion of the capitalist economy, the technological revolution and the formation of global markets led to a sharp increase in the scale of human trafficking, which resulted in the activation of the international community to resolve this problem.
Lu T’an’lay.
Commutation of death punishments used in Russia and China
There is described rather-legal analysis regarding using commutation of death as criminal punishments in the article. Here is emphasized the importance of global community which confirms coordinated position about execution under the law. The article shows the comparison of commutation of death punishments between Russia and China. It gives statutes which confirm regulations about existing delay of execution in China and imposing a moratorium for implementing this type of punishment in Russia. It contributes promotion and progressive development of human rights. It shows the reasons for using alternative punishments and same time keeping using regulations about execution in criminal law of Russia and China. It is highly prospective direction of research to use alternative punishments instead execution in field of criminal punishments.
Midlovets M.V.
The System of Profilaxy and Prevention of a Road Traffic Crimes
The article study the system of measures for the profilaxy and prevention of a road traffic crimes, enshrined in legislation and used in practice, which consists of general and specific measures, detailed in a specific activities, proposes additional measures to enhance safety on the roads. The article is dedicated to a road traffic crimes and identifies the circumstances, causes and conditions, that contribute to their occurrence. The author examines the main factors of a road traffic crimes, which are road conditions, transport, driver and ambiguities and gaps in the legislation, noting that they are in the interdependence. Studying the legislation and scientific developments on a road safety and practical measures on profilaxy and prevention of a road traffic crimes, the author detected shortcomings of the legal framework and tools, used to ensure the safety of a road traffic. The author proposes the system of general and specific measures on profilaxy and prevention of a road traffic crimes, disclose the specific measures of improving of a road safety, which contained in five blocks of directional effect. The author concludes that a comprehensive implementation of general and special measures on profilaxy and prevention of a road traffic crimes will lead to the effective implementation of the state program to ensure safety on the road.
Parcyomenko L.
Actual issues of exemption from punishment in connection with a serious illness
The article deals with actual problems of implementation of provisions of parts 2 and 4 of the article 81 of the Criminal Code of the Russian Federation, concerning legal questions of exemption from punishment related to serious disease, correlation of legal and medical aspects.
The legislator in part 2, article 81 of the Criminal code of the RF states presence of serious disease as one of the grounds for exemption of person from punishment. For making this decision, the court must consider the circumstances of the offense committed by the offender, his personality, and the nature and severity of the disease, their impact on public danger degree of the subject, physical ability of a person to discharge the term of the sentence. It should be emphasized that, the exemption from punishment on a case basis is a right, but not a court obligation. Practical interest of the research of the institute of punishment exemption related to disease is caused by lack of common approach to the issue in practice.
Sychova A.
Social motivation of criminal behavior
The article itself is an analysis of the researches on the common causes of crime, including a social, interpersonal and situational background that influences the formation of the criminal behavior of the individual within society. The main attention was paid to the subjective motivation of a individual that is, due to life conditions, placed in permanent interconnection with various social factors and circumstances, which may affect, and, as a result, form a particular model of behavior of the subject of committing a wrongful deed. Material is an attempt to focus attention on the imbalance of social structure of society, imperfection of a present-day state governance and state authority as a source of deviance, including crime. Also issues of establishing a genuine motivation during committing of illegal deed by person were examined, and necessity of immediate change priorities in choosing a practical approach to crime prevention as a major social vice.
Chebotareva G., Podkorutova L.
Object of the crime: overview of the problem
The current state of legal criminal science allows to claim that the phenomenon of an object of a crime is still disputable. In the criminal law the legislator usually doesn’t give general definitions of the content of object of a crime. So elaboration of the definition of essence of object of a crime is still in process. In article the author describes the main concepts of object of a crime and formulates the following conceptual provisions in regard to the object of the crime: the object is valuable not for one separate individual but for society as a whole or for the State; the object really exists, and therefore can be detected and separated from the other facts of nature and society; the object can be changed in negative sense; the legislator is personally interested in its retaining; criminal liability is established for his damage (disruption, destruction).
CRIMINAL PROCEDURE AND CRIMINALISTICS;
FORENSIC EXAMINATION; OPERATIVELY-SEARCH ACTIVITY
Anufrieva Е.
Typical effect mistakes made while preparing for the purpose of examination for phonoscopic about corruption crimes
Analyzed specificity of destination phonoscopic examination in the investigation of corruption crimes. In tha article consider typical errors in the destination phonoscopic examination in the investigation of corruption crimes. The author offers recommendations for their prevention and neutralization.
Veligodskii D.
Becoming of anticorruption legislation Republic of Crimea in the Russian legal system
This article deals with the relation of anti-corruption legislation of the Republic of Crimea in the legal system of the Russian Federation, to overcome the problem of corruption, as well as an action plan to combat corruption. Preventive potential taken in 2014 of anti-corruption legal acts has the first positive shifts, however, but to talk about the cardinal change in the situation with corruption in the Republic of Crimea is premature. The structure and content of the anti-corruption mechanism is a complex dialectical system of different elements including culture and ideology, as well as, importantly, the public consciousness. Success in the fight against corruption crimes can reverse the negative trends of economic and social development and to give impetus to the formation of a new model of the Crimean economy, aimed at innovation.
Garmaev Yu.
Criminalistic resources combating of illegal debt retention
The article with forensic and interdisciplinary perspectives discussed issues related to countering unscrupulous debtors. Analyzes the typical and widespread enforcement situation when:
- victims in the criminal case, which caused material and other damage, can not get his compensation from the convicted (in the framework of a civil action in a criminal case or a single production), even in cases where the perpetrator is solvent.
- The lender after the entry into force of the judgment (in civil, arbitration proceedings, the administrative case) can not actually collect the debt and bring the debtor to legal liability, despite clear signs of platezhosposobnosti debtor.
The problems of qualification, detection and investigation of crimes envisaged by Articles 177 and 315 of the Criminal Code, deals with some other criminal law and criminal procedure, is intended to become part of the basis for the development and application of forensic software to counter wrongful bad debts. In the interest of lenders, victims and civil plaintiffs in criminal cases it is proposed to conduct a strategic operation, «the negotiations with the procedural adversaries» and other activities. The goal of the interested parties — to motivate the debtor to repay debt, to pay damages. The article formulirutesya concluded that the use of criminal law and forensic tools against unscrupulous debtors, in a rational, carefully considered together with the civil law and by other means, can overcome the legislative gaps and common defects ineffective enforcement actually protect the legitimate rights and interests bona fide citizens — creditors and victims of crimes.
In the methodological and scientific-didactic plan of scientific principles and complex forensic recommendations to combat criminal bad debts can and should be developed in the framework of the two branches of science of criminology: forensic tactics and criminal investigation techniques. It should devote more application interbranch researches monographic
Popova E.
Some problems of the statement of the petition for concluding a pre-trial agreement on cooperation
In the Criminal procedure code of the Russian Federation contains a Chapter 40.1 «Special procedure for the adoption of a judicial decision at the conclusion of pretrial agreement on cooperation. The effectiveness of this legal institution is not in doubt, but their resolution will require many problems encountered during its implementation in practice. The author refers to some of these problems and offers ways of their solution.
Chernetskii О.
Evaluation of the results of the investigative experiment
Refer to the experiment in search of new or confirmation of old events. In most cases, studies were performed to evaluate the correctness or incorrectness of certain theoretical and practical provisions, which were obtained during the investigation. Therefore, the evaluation results of the pilot actions of the investigator in the process of the experiment is rather complex and not always unambiguous.
In the course of the experiment, the investigator can get at these questions negative (deny) or positive (affirmative) responses. In any case, we cannot assert the exclusively negative or positive the result of the experiment.
Both results — positive and negative — are important to establish the truth.
The results of the investigative experiment is interpreted as having the objective ability to carry out a certain action or event and as a subjective ability to perform a certain action a certain person. Made on this basis,
the conclusions can carry accurate or probable character.
CIVIL LAW; BUSINESS LAW, FAMILY LAW;
PRIVATE INTERNATIONAL LAW
Rotan V. G.
Regulatory importance of the principles of civil law
The article states a new understanding of the principles of civil law as constitutional, internationallegal and legislative provisions which contain the normative regulator and the declaration of the law-making person about his intentions. Principles of the civil law are always textually fixed and can’t «output» from the provisions. The presence in the content of the principles of regulatory control and the declaration poses the problem of their differentiation. This distinction is held by the criterion of the social context, i.e. the evaluation of the capacity of civil relations to perceive the principle as a regulatory controller. The implementation of this assessment is a daunting task for law enforcement authorities, which is illustrated, in particular, practice of the Supreme court of the United States. When the principles of civil law embody legal rules they govern simultaneously and directly civil relations and that is haw they accomplish the regulatory role. Therefore, they are directly applicable and that fact specify abandoning of the legal structure of the analogy of the law. But the principles that setting out the general rules may not compete in law enforcement with special rules of the same hierarchical level. The principle bona fides which is enshrined in section 3 of article 1 of the Civil code also contains both a rule of law and the declaration. This legal regulation is attached separately in the form of a prohibition on abuse of rights in section 1 of article 10 of the Civil code.
Bakhrieva Z.
Termination of obligations (legal relationship of obligations)
The article presents the results of the study of the provisions of the civil legislation on the termination of the obligations. Analysed that have been mixed different legislative provisions: one part is about obligations, and the other part about legal relationship of obligations.
Grounds for termination of civil obligations are divided into two groups. The first group includes the grounds for termination of obligations as unilateral legal relationships in which there is only one creditor and one debtor. Here: compensation (art. 409 of the civil code), termination of an obligation by set-off (art. 410 of the civil code), forgiveness of a debt (art. 415 of the Civil code); termination of obligation by coincidence of debtor and creditor in one person (art. 413 of the Civil code); termination of obligation by death of person (art. 418 of the Civil); termination of obligations by impossibility of performance (art. 416 of the Civil code).The second group is the grounds for termination of the legal relationship of obligations, when all bilateral legal relationship of the agreement terminated. Here: the termination of the obligation execution (art. 408 of the Civil code); termination of obligations by novation (article 414 of the civil code); termination of obligation by liquidation of legal entities (art. 419 of the civil code).
On the basis of the analysis of legal literature explores the category of «special regime of business activity in the free economic zone», highlighted its main features and characteristics compared to the special legal regime of business activity in the special economic zone. It is proved that one of the main features of the special legal status of entrepreneurial activity in the free economic zone is its preferential orientation for participants in the free economic zone. Based on the analysis of regulations on the establishment and operation of free economic zone provided by the legislation reveals the benefits and problems of their application to the participants of the free economic zone.
Conclusions have to work as a scientific and practical orientation associated with the need to improve current legislation and the development of new regulations on the application of the special legal status of entrepreneurial activity in the free economic zone on the territory of the Republic of Crimea and Sevastopol.
Nekrasova E.
Ways of protection of family rights: conditions of use and characteristic features
This article discusses the ways of protection of family rights in the Russian Federation. The conditions for the application of ways of protection and arising in connection with it problems are investigated and some solutions offered. It shows the inability to use in order to protect family rights ways of protection that contained in other legal acts, including the Civil Code of the Russian Federation. That’s why in some cases it is difficult to protect family rights. In this article the ways of protection of the rights in family law and civil law are considered and compared. Article shows the necessity of including to the Family Code of Russian Federation such way of protection as establishing maternity in the court and analyzes this way of protection in legislation of Ukraine and Republic Belarus. Article points the need to include to the Family Code of the Russian Federation separate regulations containing ways of protection of family rights, points the possibility of applying the ways of protection contained in other legal acts, including the Civil Code of the Russian Federation and ways of protection that established by agreement of the parties.
Sonin O.
Single issues of compensation for damage caused injury to the health of workers
The article investigates the law enforcement and law-making problems of redressing for damage caused to the health of workers (due to diseases which are not recognized by the current legislation as professional , but which developing due to the existing conditions of work).
The author concludes that there are cases where damage to the health of the employee is causally related to actually existing conditions of the production environment, which are not classified as harmful; such conditions in some cases are causally related to the diseases, which cannot be considered as professional under current law, because it is not listed or not recognized professional due to different etiologies.
This slegal situation does not meet the needs of social relations to which it applies. As for relevant regulations they do not meet the requirements of fairness and reasonableness.
On the basis of the study the author makes proposals considering resolution of disputes for claims of employees of compensation for such damages, and proposes to amend the legislative acts on labor.
Chertkova Y.
The problem of judicial lawmaking in the history and modernity
The article examines the history of views on judicial lawmaking. The author considers prerequisites for forming these ideas, and reveals their content. On the basis of the conducted analysis the author concludes also that the de facto recognition of the lawmaking functions of the court were alternated with periods of hard limitation of judicial lawmaking and even a complete denial.
The article analyzes the enforcement activities of the court in our day and concludes that law-making function is not inherent in the judiciary in Russia. We also study the creative role of the court and the main directions of its development.
On the basis of this study seems promising for the analysis of judicial practice and law-making in judicial decisions to determine the limits of the creative role of the court.
INTERNATIONAL LAW; EUROPEAN LAW
Klimenko K. P.
International cooperation in the fight against cholera (1851-1894)
In the XIX century cholera spread from its original reservoir in the Ganges Delta in India around the world. Six subsequent pandemics killed millions of people on all continents. The current (seventh) pandemic started in 1961 in South Asia, and reached to Africa in 1971 and America in 1991.Currently the disease is endemic in many countries. The present article analyzes international measures aimed at ensuring the epidemiological security in the world during the first outbreak of cholera.In the middle of XIX century the international community took the decision to convene an international meeting, called the International sanitary conference, to prevent the spread of disease. Fourteen meetings were held,the members of which werefamous physicians, epidemiologists and politicians. The task of the first eight meetings was the drafting and signing of an international agreement on the standardization of quarantine regulations to prevent the importation of cholera, plague and yellow fever. The first attempts ended in failure, the result of the dominance of commercial interests of States over the interests of ensuring the normal vital activity of the population. After 41 years since the first conference, the first-ever Convention was adopted,governing the health issues. It was subsequently ratified by the countries-participants of congresses. The responsibility of the partiesimmediately to inform each other of any outbreak of choleraregulatory was assigned, as well as to reform the quarantine system applied to navigation through the Suez canal, and to change the regulations for the Maritime, sanitary and quarantine Board of Egypt, etc. To prevent further spread of the Ebola virus, which began in February 2014 in Guinea and still ongoing, it would be appropriate to address to historical experience of legal regulation of fighting dangerous and harmful disease, cholera.
Andriy P. Shumilenko. Larisa V. Pastukhova.
The nuremberg process and its influence upon the development of international law: selected bibliography (part i)
Bibliography contains the titles of monographs, scientific articles, collections of documents and collections of material dedicated to the analysis of the Nuremberg Process and embraces the following questions: prehistory of the Nuremberg Process, the Nuremberg Principles, International Military Tribunals, international criminal responsibility of individuals, the influence of the Nuremberg Process upon the development of the international criminal law, international humanitarian law and international human rights law, war crimes, crimes against humanity and genocide.
SCIENTIFIC LIFE
Mikhailov M.
Improving the system of dactyloscopic registration: The Conference at the State Duma
The enhancement of fingerprint registration system: the conference at the State Duma. At the review of scientists, practicians, deputies of State Duma speeches which had been told on conference where the author took part also, key moments about their relationship to such problems of the enhancement of fingerprint registration system as: extension the circle of persons who must be fingerprinted, the creation of unified database, total fingerprinting registration had been set out.
Specialists who have experience more than ten years at many spheres of jurisprudence, public administration, IT and medicine were divided in their opinions about this issue. One group of specialists prefers to fingerprint the whole population of country and its foreign visitors. Another group of specialists suggests the idea to expand the circle of persons who must be fingerprinted obligatory. They propose to include at this group people who have dangerous occupations, and people who are owners of sources of increased danger such as: gun, automobile, aircraft and ship. The third group of specialists suggests to make benefits and indulgences for persons, who decided to pass fingerprint registration procedure voluntarily.
The resolution, which was adapted by participants is applied.
