Contents of issue # 2/2013

Legal Provision for Economic Stimulus in the Field of Environmental Protection

N. I. Khludeneva

PhD in law

E-mail: khludeneva@mail.ru

Legal provision of economic incentives in the field of environmental protection in Russia today is fragmentary. Federal Law of 10 January 2002 «On Environmental Protection» only refers to the basic methods of economic incentives in the field of environmental protection, in detail without having to install a mechanism to implement them. A few tax credits, the Tax Code of the Russian Federation, also create conditions for reducing the negative impact of economic and other activities on the environment. The paper investigates the problems of legal provision of economic incentives in the field of environmental protection, provides options to address them.

Keywords: environment, environmental regulations, economic incentives, the best available technology, environmental protection measures.

Use of Results of Creative Activity in the Internet: a Possible Approach for the Regulation

E. E. Chukovskaya, M. Yu. Proksh

E. E. Chukovskaya, PhD in law

M. Yu. Proksh, PhD in law

E-mail: proksh@bk.ru

The article deals with the need for a new approach to the turnover of copyright and related rights on the Internet, given the need to balance the interests of rights holders and users. Particular attention is paid to the register of digital (computer-readable) forms of works of science, literature and art, performances, phonograms, objects of related rights of broadcasting organizations as a tool for the implementation of new approaches.

Keywords: copyright, Internet, register of digital forms.

Legal Nature of Agreement between Management Body of Special Economic Zone with Resident

M. A. Tsirina

PhD in law

E-mail: pil@izak.ru

In article analyzed the agreement regulatory agency of special economic zone with resident for definitions it legal nature and formulated the offers for it improvement directed to achieve effective civil constriction which is consist in provide protect the interests of the private investor.

Keywords: investment, special economic zone, business activities, regulatory agency, resident, agreement.

Uncertainty in Law: Nature and Forms of Expression

N. A. Vlasenko

doctor of jurisprudence, professor

E-mail: theory@izak.ru

On the basis of philosophic categories ‘uncertainty’ and ‘certainty’, the author investigates the nature of legal uncertainty. At the same time special attention is paid to the role of abstraction in law-making. Legal uncertainty is expressed in the core element of law – legal rules, their components. But uncertainty in law can manifest itself also as a legal regulation defect, i.e. inaccurate, incomplete and inconsistent consolidation and implementation of the legislative will in the legal rule. Among the ways to transfer from uncertainty to certainty the author names law specification, reasonableness, and legal custom. The author draws the conclusion that uncertainty in law is, in the first place, a characteristic of law, that manifests itself in the lack of speciality of form and content of legal phenomena; secondly, a property of law which possesses both positive and negative meaning; and thirdly, a predicted pattern of the transfer from the property ‘uncertainty’ to the property ‘certainty’, which is inherent to law just as to other social phenomena.

Keywords: legal regulation, certainty in law, uncertainty in law, specification in law, legal discretion, reasonableness in law, abstraction in law, generalization in law, typification in law, evaluation concepts. 

Method of Finance Law: Specifications

N. M. Kazantsev

doctor of jurisprudence, professor

E-mail: nm_kazantsev@mail.ru

Method of the finance law is the rules of freedom to realize value the possessory rights: nobody constrict quotation instruments another; the circulation one instrument wouldn’t entail the constraint others; value realize an ownership wouldn’t disposal value others private or public possessions. Inflation is an economy expression of lag of national law and rules of freedom. Specification the method of the finance law include: measured monetary nomination, financial instruments, market dispose, financial strategemizing, limitation the scope of rights in monetary terms. 

Keywords: rules of freedom to realize value the possessory rights, method of the finance law, measured monetary nomination, financial instruments, market dispose, financial strategemizing , limitation the scope of rights in monetary terms.

Demographic Function of the Law of Social Security

T. S. Guseva

PhD in law

E-mail: tanya1931@rambler.ru

The article is devoted to questions of influence of norms of the Social security law on the demographic processes proceeding in Russia. The author suggests ways to improve the legal regulation of social security of citizens with regard to the objectives of population policy.

Keywords: demography legislation, social security, family, pension, benefits, medical aid.

On Admissibility of Bringing Insurance Agency to Administrative Liability under part 3 Article 14.1 of the Code of the Administrative Offences of the Russian Federation for the Breach of Civil-Law Duties

O. V. Gutnikov, K. S. Zabitov

O. V. Gutnikov, PhD in law

K. S. Zabitov

E-mail: ol-gut@rambler.ru

The article concerns issues of insurance organizations’ administrative responsibility for the breach of civil duties.

Keywords: insurance, licensing, administrative responsibility.

High Risk Areas in the Activity of State Authorities in the Perspective of Presumption of Guilt of Public Officials

V. M. Baranov

doctor of jurisprudence, professor

E-mail: theory@izak.ru

In the article there are highlighted zones of overactive risk of corruption; from this perspective there are analyzed the data of the monitoring of the Nizhniy Novgorod entrepreneurs’ view of corruption. In the article the author looks at the role of mass media in covering corruption cases; demonstrates psychological dependence of the presumption of guilt of the officials from the citizens’ distrust; critically assesses the institute of mediation in bribery.

Keywords: zone of overactive risk of corruption, presumption of guilt of the official, monitoring of the entrepreneurs’ view of corruption, everyday corruption, mediation in bribery.

 

Evaluation of Additional Evidence in Arbitration Courts of Appeal (on the Example of the Decrees of the Third Arbitration Court of Appeal)

A. N. Babenko, A. V. Garmash

A. N. Babenko, doctor of jurisprudence, professor

A. V. Garmash

E-mail: theory@izak.ru

The principle of the incomplete appeal in the regulation of process of acceptance and estimation of additional proofs is realized in the Arbitration Remedial Code of the Russian Federation. The authors offered criteria of respectfulness of non-representation of proofs in court of the first instance. The reasons of estimation and acceptance of additional proofs by court of appeal instance are defined In the article.

Keywords: additional proofs, estimation of proofs, appeal instance, legal values.

Collision Regulation of License Agreements in Russia and Foreign Countries

V. A. Kanashevsky

doctor of jurisprudence

E-mail: seleron75@mail.ru

The author examines the current development and perspectives of conflict of law regulation of license agreements in Russia, analyzes the conflict of law regulation of license agreements under foreign laws, gives the examples from Russian case law.

Keywords: license agreement, conflict of law regulation, intellectual property, applicable law, trade mark, invention, territorial nature.

Development of Legislation of the Republic of Tajikistan in the Period of Independence

M. Z. Rakhimov

doctor of jurisprudence, professor

E-mail: mahmad_rakhimov@mmk.tj

In this article shall be considered the issues of development of the legislation of the Republic of Tajikistan on independence years. Shall be shared the perspectives of development of the legislation of the Republic of Tajikistan and appeared in this problem.

Keywords: development, independence, legislation, law, problem.

What Bids shall be in the «New» Civil Code of the Russian Federation?

O. A. Belyaeva

PhD in law

E-mail: o.beliaeva@rambler.ru

In article the critical analysis of provisions of the bill of modification of the Civil Code of the Russian Federation is given. The author calls them degradation, instead of modernization of legislative regulation of the auction. Research of innovations of the bill of forms of the auction, their information support, features of the public auction leads the author to a conclusion about need of saving of articles 447—449 of the Civil Code of the Russian Federation for operating edition.

Keywords: auction, competitive procedures of the conclusion of the contract, freedom of the contract, notice on the auction, protocol on results of the auction, public auction.

State Registration of Legal Persons in the Draft of a Civil Code

E. V. Gordeeva

E-mail: ELLERT2006@yandex.ru

The article considers the provisions of draft Civil Code of the Russian Federation on the state registration of legal entities. The problems what were indicated by the author, were done from the conditions, what were formulated in the law project about the inspection of the truthful documents, what were presented for state the state registration; where is analyzing suggested foundings for the legal entity liquidation.

Keywords: legal entities, registration.

Regional Legislation on General Education: Ways of Development

O. V. Belousova

E-mail: pil@izak.ru

The article covers the actual questions of reforming the educational legislation of regions from the point of two aspects — harmonization regional legislation according to federal and as independent legislative activity of regions. There is a conclusion in the article, that regional education in the sphere of education can successfully develop upon conditions of cooperation public authorities of regions in the sphere of education. Beside that experience of several subjects is useful for other regions and also can be the basis for initiating the measures on the federal level.

Keywords: legislation, federal competence, regions, elementary general education, basic general education, secondary general education, reforming, educational institution, guarantees, special regulation.

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