Contents of issue # 3/2013

Legal Sovereignty: Spheres and Guarantees

Yu. A. Tikhomirov

doctor of jurisprudence, professor

E-mail: office2@izak.ru

The nature of the legal sovereignty is proved and forms of integration of the states, parities of norms national and international law, «development» of new legal spaces are considered.

Keywords: sovereignty, legal sovereignty, state, integration, legal system, legal space, interstate association.

Social Provision and Legal Protection of Children

E. G. Azarova

PhD in law

E-mail: labour@izak.ru

Problems of development of the legislation with a view of increase of well-being of children and families with children are considered. About necessity of satisfaction of their requirements for the concrete blessings of social security it is spoken taking into account the international and constitutional requirements. The reasons complicating optimum development of the legislation in interests of children are analyzed.

Keywords: the child, children, the right to a life, the Convention on the Rights of the Child, the blessing of social security, the grant on pregnancy, grants on care of the child, monthly children’s allowances, services of preschool institutions.

Legal Regulation of Provision of Services on Organizing and Carrying Out of Mass Cultural and Entertainment Events in Open Public Places

M. N. Maleina

doctor of jurisprudence

E-mail: civil_law_msal@mail.ru

The article deals with a special group of entertainment services — services on organizing and conducting of mass cultural and entertainment activities in open public places. There are expended status and rights and obligations of the organizer and participants of public events. The author makes proposals for changes in legislation on the consequences of unilateral withdrawal of contractor or customer from the contracton providing paid entertainment services.

Keywords: mass cultural and entertainment activity, the contract on providing paid services, permission to conduct public event, the organizer of public event, legislation on culture.

Legitimization of Branches and Representative Offices of Foreign Legal Persons

A. V. Churyaev

PhD in law

E-mail: churyaev@rambler.ru

In article the analysis of legal regulation of accreditation of branches and representations of foreign legal entities in the Russian Federation is carried out, problems arising thus are revealed and offers on their elimination are formulated.

Keywords: foreign investments, accreditation, branch and representation, foreign legal entity.

Constitution and its Concretization

G. T. Chernobel

PhD in law

E-mail: theory@izak.ru

The article thoughts upon principles of concretization of the Constitution and meaning of this process for legislative and enforcement activity.

Keywords: constitution, law, legislative branch of state power, president, government, legal legitimating of public administration, international law, local government.

Principle of Cooperation of Tax Authorities and Tax Payers

O. O. Zhuravleva

PhD in law

E-mail: fin@izak.ru

In this article the author analyses the matter of the principles of partnership tax authority with taxpayers, defines its legal natures, limits of its implementation in the Russian tax law. The author proved the necessity of legislative recognition of not only the principle, but appropriate forms of implementation, timing, procedures and guidelines.

Keywords: partnership, compliance, tax, bribery, the constitutional principles, justice, form and principles of partnership, limit of implementation.

Features of Culture as a Circumstance Precluding or Mitigating Criminal Liability

O. N. Bibik

PhD in law

E-mail: olegbibik@mail.ru

This article discusses a problem with culturally sensitive as a circumstance precluding or mitigating criminal liability. We study the appropriate enforcement of the law prevailing in foreign countries.

Keywords: cultural offence, cultural defence, honour killings, reasonable person.

Agency Contract in the Russian Legislation and International Commercial Practice

N. V. Vlasova

E-mail: natasha.vlasova@rambler.ru

The article is devoted to the urgent problems of legal regulation of agency contracts — one of the main contracts which formalize relationships of representation in international commerce. Comparing provisions of international conventions, recommendations of international organizations, legal regulations of Russian and foreign legislation concerning representation the author comes to conclusion about possibility of agent to act solely as intermediary.

Keywords: commercial representation, agency contract, intermediary, agent, principal, agent’s commission, agent’s reports, international commerce.

Human Traffic as Self-Expression of International Criminal Activity

O. I. Sakaeva

E-mail: olsakaeva@gmail.com

The present article examines the legal issues connected with the use of the internationally established definition of trafficking in persons, especially women and children. The author’s understanding of trafficking in persons as a separate treaty crime leads to the conclusion that trafficking in persons cannot be equated with slavery, enslavement, slave trade, etc. It is the combination of the coerced transport and the coerced end practice that makes difference between trafficking in persons and similar violations of international law and (or) national legislation.

Keywords: trafficking in persons, slavery, slave trade, enslavement, powers attaching to the right of ownership, exploitation.

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