Contents of issue # 4/2013

Transformation of the Institutions of the General Part of Criminal Law by Additional Legislation

V. P. Kashepov

doctor of jurisprudence, professor

E-mail: crim@izak.ru

The article examines the tendencies of the softening of the repressiveness of criminal policy in the institutes of the General part of the Criminal Сode of the Russian Federation, manifestations of the humanization of executing criminal punishments, questions of the modernization of criminal responsibility.

Keywords: development of the institutes of the General part of the Criminal Сode of the Russian Federation, diversification of the system of punishments, humanization of meting out and executing punishments.

Foreign States as Subjects of Land Legal Relations on the Territory of Russia

Yu. A. Umerenko

PhD in law

E-mail: um2712@yandex.ru

This article is about the question of possibility of the foreign states to be subjects of ground legal relationship in the territory of the Russian Federation, including the legal analysis of the ground and civil legislation regulating a case in point, and also the international legal acts concerning an exchange of the land lots between the Russian Federation and the foreign states are analyzed.

Keywords: land lot, foreign state, subject of ground legal relationship, property right to the land lot, exchange of the land lots.

Trends and Prospects of Enhancement of Legislation in the Field of Industrial and Post-Consumer Waste Management

M. V. Ponomarev

E-mail: ecology@izak.ru

The article devoted the issues of improving Russian legislation regulating relations in the field of waste production and consumption, in particular in the framework of this paper describes the main directions of development of legal regulation in this area, assesses the prospects for its development in the modernization of environmental legislation.

Keywords: waste, environmental legislation, environmental law.

Features of Scientific Knowledge of the Law

M. N. Poskachina

PhD in law

E-mail: mposkachina@mail.ru

This article highlights legal knowledge on a law as a differential theoretical knowledge. The theoretical of foundations are experience and knowledge of life, ideas of law. There is reason for legal knowledge on a law what explained provide from structure of juridical knowledge.

Keywords: knowledge, experience and knowledge of life, ideas of law, law.

Rotation of Civil Servants in the Context of Overcoming Corruption

L. A. Lomakina

PhD in law

E-mail: labour@izak.ru

This article discusses the changes in legislation related to the rotation of civil servants, the prospects of its development in the context of overcoming corruption.

Keywords: rotation, legislation, overcoming corruption.

Anti-Corruption Expertise in the Russian Criminal Justice

S. P. Andrusenko

E-mail: foreign1@izak.ru

The role of anti-corruption expertise of legal acts of the Russian Federation in recent years has increased substantially. However, despite the widespread use of anticorruption expertise, practical issues of enforcement of anti-corruption laws still exist. The most obvious problems of anti-corruption laws can be seen through the prism of Criminal Justice of the Russian Federation. This paper analyzes the issues of enforcement of anti-corruption legislation and conflicts arise between the anti-corruption law and the criminal justice of the Russian Federation.

Keywords: anti-corruption expertise, Penal Code of the Russian Federation, Criminal Procedure Code collision, corruption.

Provision of Planning of Legal Monitoring

E. V. Cherepanova

PhD in law

E-mail: antikor@izak.ru

Federal and regional experience of planning of the organization and carrying out of legal monitoring is generalized and analyzed in the article. The attempt to establish the most widespread factors reducing efficiency of specified activity is undertaken on the basis of the carried out research results. In this regard the author gives a number of offers directed to optimization of activity of legal monitoring planning.

Keywords: legal monitoring, planning, legal act, efficiency of public administration, collisions, gaps.

Justice as an Object of Criminal Law Protection

S. V. Maksimov

PhD in law

E-mail: maksimovsv@yahoo.com

The article is devoted to consideration of social conditionality of justice as an independent object of protection in criminal law; the correlation between justice and judicial authority with legal procedure is given; justice is determined in the wide and narrow senses; the necessity of protection of justice by criminal law is substantiated; the mechanisms of encroachment on justice are explained; the concrete recommendations for improvement of criminal-legal regulations that related to the crimes against justice are given.

Keywords: justice, judicial authority, legal procedure, object of crime, criminallegal protection.

Once Again on the Question of International Adoption

N. I. Marysheva

doctor of jurisprudence

E-mail: pil@izak.ru

The article covers the question of the adoption of Russian children by foreigners. There takes place the judicial analysis and estimation of the art. 4 of the Federal law on the 28th of December 2012 “On sanctions for individuals violating fundamental human rights and freedoms of Russian citizens”, establishing prohibition of the Russian children’s adoption by American citizens, and barring an action of the Agreement between Russia and USA “On cooperation in the sphere of adoption of children” of the 13th of July 2011. The author expresses the position on the question of the functioning of the institute of international adoption in Russia.

Keywords: family law, international adoption, international agreements, children, rights, obligation, retaliatory action (retortion) in family law.

Trends of Development of Legal Regulation of International Sales

M. P. Shestakova

PhD in law

E-mail: pil@izak.ru

Contemporary issues facing the extension of forms and methods of unification of the legal regulation of international sales are analyzed by the author. Special attention is given to non-governmental acts prepared by international organizations, institutes and research teams. UNIDROIT Principles of International Commercial Contracts, Principles of European Contract Law (PECL), TransLex Principles are of these.

Keywords: unification, foreign economic relations, international treaties, contract for the international sale of goods.

The Comparative Analysis of the Principles of Management of Nonprofit Organizations, with and without Membership

S. V. Solovyova

PhD in law

E-mail: foreign3@izak.ru

The article is devoted to legal principles of management in nonprofit legal entities. The author provides a comparison of the principles of management in commercial legal persons and nonprofit organizations and discovers that these principles are the same. The article gives the classification of management principles in nonprofit legal entities.

Keywords: nonprofit legal entities, principals of management, nonprofit corporations.

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