Contents of issue # 1/2009

The Noncommercial Organizations: Introduction to the Topic

V. N. Litovkin

Development of the Legislation on the Noncommercial Organizations

E. Yu. Valyavina

vasrf@arbitr.ru

The great number of new forms and types of noncommercial organizations appear in the last years. However the legislation of this sphere is not coordinated and not systematized. The difference and variety of noncommercial organizations are unable to point out  their common characteristic features. Therefore it is necessary to work out clear conceptual approach for formation of the system of noncommercial organizations. Commercial activity of reviewed organization including state corporation needs to have limitations while the legislation shows counter tendency. The peculiarities and problems of such organizations as autonomic institutions  and self-regulatory organizations are also mentioned in the article.

Keywords: noncommercial organizations, commercial activity, state corporation, autonomic institutions, self-regulatory organizations.

Legal Status of Public Corporation and the Legal Nature of the Ownership to Its Property

V. P. Mozolin

Legal Status of the Noncommercial Organizations

T. V. Soifer

msal@msal.ru

The article is dedicated to research of further ways of civil legislation improvement of noncommercial organizations. Grounds decreed establishment of organizations with purpose do not intended on receiving of profit under the conditions of market based economy are reviewed by author. This is the background of differentiation necessity of civil legal regulation of its status in accordance with economical value and social position of certain noncommercial organizations as well as objective causes which are provided necessity of its lodgment as a legal entity. What’s more valuation of noncommercial legal entities characteristics vested in the regulations and opinions on its revision variants disclosed in the scientifical literature is performed in this article.

Keywords: noncommercial organizations, civil legal regulation, legal entities, civil society.

Self-Regulatory Organizations of Russia

Е. A. Pavlodsky

civil@izak.ru

The article is devoted to the research of directions of further perfection of civil legislation about self-regulatory organizations (SRO).The author observes the history of creation of SRO. It is pointed out that the idea of self regulation means the defense of interests of people working in the same profession from state overinterference to business sphere. The author gives the detail description of general principle of organization of SRO as voluntariness. The opinion of author is that standards and rules of activity of SRO are one of the most effective mechanisms of consumer rights defense.

Keywords: civil law, legal entities, self-regulatory organizations.

Organization of Legal Monitoring in the Subject of the Russian Federation: Recommendations to Perfection (on Example of Moscow)

D. B. Gorokhov, M. E. Glazkova

monitor@izak.ru

The article is dedicated to urgent question of regulation monitoring organization and its realization practice. Features of the organization process in the subject of the Russian Federation (on example of Moscow) are analyzed in the article. Current system, structure and enforcement powers of executive authorities of Moscow included in legal monitoring system are reviewed. Problems of legal regulating organization and conduct of monitoring activities in the subject are revealed and analyzed by authors. Planning legal monitoring recommendations, determination of its extent, features, subjective content recommendations and perfection of legal regulation foundations of these activities in the executive authorities system of Moscow recommendations are offered in the article.

Keywords: legal monitoring, executive authorities of Moscow, subjects of monitoring activities, informational flows.

The Notion of «Terrorism» and Its Corellation with Concepts of «Terror» and «Act of Terrorism»

M. F. Musaelyian

crim@izak.ru

The author of the article researches the concept of «terrorism» and the problem of its correlation with the concepts of «terror» and «act of terrorism», analyses and generalizes the opinions of a number of scientists. It is necessary to give the exact definition of terrorism by establishing its specific indications that allow distinguish terrorism from closely related social and criminal categories. It should be also emphasized that legal content of terrorism should come from etymological and psychological meaning (and not political) first of all. The author comes to the conclusion that the exact definition of the terrorism should be given on the international and national levels and that will allow to distinguish it from closely related concepts of «terror» and «act of terrorism».

Keywords: terrorism, terror, act of terrorism, definition of the terrorism, specific indications of terrorism, legal content of terrorism.

Prospects of the Law of Property

V. V. Zalessky

foreign3@izak.ru

The author studies the concept of property, given by different scholars, theoreticians and practitioners, researches the essence and contents of property. Special attention is given to the relations of property as a display of turn of mind and mould of a personality. The author believes that there is no such a need that a person could not satisfy without being an owner.

Keywords: law of property, trends, powers of an owner, relations of property, triad of powers, subjective law of property, multidimensional relations of property.

Doubling of Gross National Product in a Context of the Ecological Law

M. M. Brinchuk

elc-isl@yandex.ru

The definition of the gross national  product in the context of such categories asConcept of sustainable development, the social-economic planning,  the influence of estimating to environment, ecological examination,ecological certification, ecological audit is presented in the article. The correlation of economic interests of the state and the ecological rights of citizens is shown in the article. The changes in ecologic legislation carried out with the aim of economic development are regarded. Ecological criteria of social and economical development are offered.

Keywords: gross national  product, economical development, concept of sustainable development, the social-economic planning, the influence of estimating to environment, ecological examination, ecological certification, ecological audit, ecological criteria of economic development.

Concept and a Functional Purpose of Principles of Realization of the Civil Rights and Duties

E. V. Vavilin

evavilin@yandex.ru

Principles of realization of the subjective civil rights and duties are characterized by the author as a multilevel system. In this system basic principles of realization of the civil rights and duties are detailed by the principles-methods. Basic principles involve principles of equality of the subjects of legal relations, of freedom of civil rights realization, of rights and duties combining, of guaranteed realization of rights and duties. Group of principles-methods consists from principles of permissive rule, of rights preservation in case of its refusal, of cooperation of civil relations parties, of personal and public interests combining, inadmissibility of abuse of rights.

Keywords: civil law, principles of civil law, civil relations, realizations of civil rights and duties.

Compensation of Damages and Lost Profit in Relationship in the Sphere of Land Law

Yu. G. Zharikov

Right to «the Capital of Mother’s (Families)» in the System of Measures of Social Security

A. N. Ahmedshina

aahmedshina@rambler.ru

Analysis of the present article denotes that the State support of social role of mothers is still dominated. It is represented that “the mother’s (families’) capital” is a new type of social securities. It will take the worthy place in social life and in the system of social securities as a branch of law. It let us opportunity to speak about its regulation on the basis of principles of generality. What’s more the article reads about the problem of the correct subject of the supplementary State support. It could be a woman, a family, a child, a father. That point can make some problems in the law enforcement. Problem of “the mother’s (families’) capital” in case of break down of family relations is still open. It is necessary to amend by adding prepositions of the ways of use of “the mother’s (families’) capital”.

Keywords: “the mother’s (families’) capital”, state support of the family, a woman, children, improving of the housing conditions.

Preservation of Average Earnings for the Period of Work Search: Theory and Practice

L. V. Seryogina

labour@izak.ru

This article is devoted the problem of correlation between state and business in realization of dismissed person’s material support because of winding-up or personnel reduction. Differences of legislation in the sphere of preservation of average earnings for the period of work search for dismissed people because of winding-up or personnel reduction in organization and individual entrepreneurs are highlighted in the article. Aspects of the preservation of average earnings for the period of work search possibility for dismissed people of retiring age are reviewed. There is no single standard of solution of the preservation of average earnings for the period of work search for some persons entitled to benefits.

Keywords: employer, employee, dismissal, winding-up, personnel reduce, preservation of average earnings, material support, employment.

Confiscation of Property as the Legal Instrument of Counteraction to Ethnonational Extremism

V. N. Naydenko

The author researches the problem of application of confiscation of property  as the legal instrument of counteraction to crimes of extremism direction in the Russian Federation.In the article the importance of applying the confiscation of property in cases of extremism direction for counteraction to financing extremists and others organized crime structures and for new crime prevention is argumented. The author comes to conclusion that applying the confiscation  of property as an additional criminal measure of influence for crimes of extremism direction is the most effective method for breakdown of organizational structures of modern ethnonational extremism and extremism in general.

Keywords: confiscation of property, extremism, ethnonational extremism, criminal measure of influence.

Burden of Proof in the European Court of Human Rights

D. V. Afanas’ev

The rules of the submission of proofs in the European Court of Human Rights by the applicant are considered. The requirements for the proofs of the Court are analyzed. The forms of proofs submitted by the applicants to the Court on human rights are considered. The analysis of some cases, carried out by the European Court of Human Rights are presented.

Keywords: proofs, the European Court of Human Rights, the applicant, practice of the European Court of Human Rights, criteria for proof.

Clerical Influence on Understanding of Essence of Criminal Action in the Council Code 1649

V. A. Gluhov

pui_fsin@ellink.ru

The first canons of Knyazh Vladimir and Knyazh Yaroslav relied on the loaned byzantine sources of canon law, determined new offences for ex-pagan Russia. These offences were transmitted to the Church court. In the last quarter of the XII century clerical criminal legal regulations in the Old Russia were subject to the Book of the Helmsman. And these legal regulations are still in canonical jurisdiction force. It is concluded that Russian legislator as realized by nature and explanation of offences doesn’t regulate a group of criminal legal institutes loaned by Russia from byzantine clerical sources, which were applied by the canonical jurisdiction force.

Keywords: clerical influence, offence, the Council Code 1649, canons, the Book of the Helmsman, the canonical jurisdiction force, sources of canon law.

Sanctions and Legal Responsibility in the Financial Law

M. G. Sidorova

Review of Readings in Memory of Professor S. N. Bratus

M. L. Shelyutto

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