Contents of issue # 2/2014

Criminal Liability of Legal Persons in the Russian Legislation: to the History of the Question «pro et contra»

V. I. Lafitsky, O. I. Semykina

V. I. Lafitsky, PhD in law

E-mail: lafitsky@mtu-net.ru

O. I. Semykina, PhD in law

The article providers a historical analysis of the doctrinal arguments «pro et contra» of the introduction criminal liability of corporate persons in the Russian legislation, and considered legal provisions on criminal liability of corporate which existed in the Russian legal system of X — first half of XX centuries.

Keywords: criminal liability of corporate persons, fine, liquidation, prohibition engaged in certain activities, temporary suspension of the activities, probation, public disclosure of the sentence, confiscation, Russian medieval legislation, the Code on Criminal and Correctional Punishments, decrees of the Soviet government.

DOI: 10.12737/2229

Solidary Obligations in the Russian Civil Law

G. N. Shevchenko

doctor of jurisprudence, professor

E-mail: sgn1959@mail.ru

Comprehension’s of joint obligations problems and their types are considered in the article. Special attention is paid to joint obligations arising in case of joint damnification. The recourse liabilities and subrogation as ways of relationships between joint debtors after account with the creditor final settlement are analysed. The recourse liabilities are regarded as a types protective legal relations.

Keywords: joint obligations, damnification, recourse liabilities, subrogation, surety.

DOI: 10.12737/2232

Legal Regulation of the Human Use of Organs, Tissues and Cells of Animals

M. N. Maleina

doctor of jurisprudence

E-mail: civil_law_msal@mail.ru

The article deals with problem of the legal regulation of the use of human organs, tissues and cells of animals for medical treatment (xenotransplantation), breeding of new species as an experiment or for other purposes. There are formulated the legal conditions for xenotransplantation and bans of the use of organs of animals.

Keywords: xenotransplantation, transplantation, advanced therapies, transferring an organ from a donor to a recipient, medical clinical trials, organs, tissues, cells.

DOI: 10.12737/2233

Education outside Educational Organizations: Legal Prospects

F. V. Tsomartova, L. G. Kachmazova

F. V. Tsomartova

E-mail: cfatima@inbox.ru

L. G. Kachmazova, PhD in economics

The article analyzes the problems of legal status of homeschooling and self-education at the federal, regional, municipal and local levels in connection with coming into effect of a new legal regulation of relations in the sphere of education.

Keywords: educational legislation, forms of education, homeschooling, self-education, visiting teaching.

DOI: 10.12737/2234

Understanding of Law in Light of Categories of Certainty and Uncertainty

N. A. Vlasenko

doctor of jurisprudence, professor

E-mail: theory@izak.ru

From the perspective of uncertainty and certainty categories it is analyzed classical and modern schools of law. The author talks about legal positivism, natural law school, integrative and libertarian understanding of the essence of law, offers evaluate the productivity of theories of law by means of categories of certainty and uncertainty.

Keywords: understanding of law, essence of law, principles of scientific knowledge, certainty, uncertainty, integrative legal thinking, natural law school, legal positivism, libertarian understanding of law.

DOI: 10.12737/2235

Family Law Liability and Restrictions of Family Rights

Yu. F. Bespalov

doctor of jurisprudence, professor

E-mail: nksmgs@mail.ru

In this article the author examines the family liability definition, signs, grounds and measures. Take place a comparison with the limitation of family rights. Family liability is understand as the personal non-property and (or) property measures of coercion restricting the implementation of the family rights, depriving the family rights, establishing additional encumbrances provided by the family legislation, and applied by the court, or another competent authority to participants of family relations, committed family offence and (or) another action, which is recognized by family law as a ground for liability.

Keywords: family liability, limitation of family rights, liability measures, grounds for liability, family offence.

DOI: 10.12737/2236

Lobbyism and Corruption

N. M. Kolosova

doctor of jurisprudence

E-mail: const@izak.ru

The article is focused on the definition of lobbyism and corruption. The author provides specialty of the Russian lobbyism. The author provides analysis of the Russian Law and recommends a model of Law about lobbyism.

Keywords: lobbyism, corruption, security, expert evaluation, democracy.

DOI: 10.12737/2238

Problems of Regulation of Status and Activity of Commissions on Settlement of Conflict of Interests on Municipal Service

L. V. Andrichenko, I. V. Plyugina

L. V. Andrichenko, doctor of jurisprudence, professor

I. V. Plyugina, PhD in law

E-mail: federal@izak.ru

Сommissions on compliance with the requirements for official behavior and management of the conflict of interests in order to improve the organization and management mechanism for the prevention and combating of corruption (including at the municipal level) were set up. However, in practice, the problems on significantly reducing the effectiveness of the commissions were identified. The article examines these issues and offers recommendations for overcoming them.

Keywords: municipal service, commissions on compliance with the requirements for official behavior and management of the conflict of interests, conflict of interests, corruption, prevention of corruption, municipal officials.

DOI: 10.12737/2239

The Doctrine of Proper Judicial Protection in Administrative Law (on the Example of Expulsion of Foreign Nationals)

O. N. Sherstoboev

PhD in law

E-mail: sherson@yandex.ru

Proper judicial protection is an aggregate of legal norms, principles, doctrines that allow maximum guarantee for fair treatment of an administrative dispute, in particular, relating to expulsion of foreign nationals. Among basic means that guarantee a proper settlement of a dispute, one can name the right to appeal the act of public administration, the right to independence of a body, considering the case, the right to qualified legal assistance, competition, completeness of supervision. The author of the article reviews standings of the European Court of Human Rights, as well as the legislation and practice of the USA, Great Britain, Germany and Russia on the issue of judicial protection of foreign nationals, deported from their territory. As a result of the analysis, the author outlines three models of the provided judicial protection: limited, selective and complete. Each model has its pluses and minuses, but from a theoretical point of view the best variant is a complete model of judicial protection.

Keywords: public administration, expulsion, foreign nationals, judicial protection, administrative law.

DOI: 10.12737/2241

Special Principles of Qualification of Crimes

V. V. Marchuk

PhD in law, associate professor

E-mail: v.marchuk@tut.by

The analysis of the criminally-legal literature by special principles of qualification of crimes is carried out. The criticism of scientific positions on this question is stated. Substantiated conclusions about necessity of allocation of following principles of qualification of crimes: comparability, scientific character, sufficiency, interpretation of ineradicable doubts in favor of the accused.

Keywords: principles of qualification of crimes, comparability, scientific character, sufficiency, interpretation, unity and intersectionality of rules of legislative technics and qualification of crimes.

DOI: 10.12737/2242

Development of the Principle of Good Faith and the Institute of Pre­Contractual Liability in Light of the Reform of French Legislation on Obligations

I. M. Mutay

PhD in law

E-mail: moutaye@gmail.com

On the materials of project of reforming of law of obligation in France the author researches law positions of French courts and legal scholars on good fair and pre-contractual responsibility, explaines importance of legislative basis of proposals on pre-contractual responsibility and its development by case law, makes conclusions of necessity of taking into account of achievements of foreign legal doctrine during formation of Russian case law.

Keywords: comparative law, case law, pre-contractual responsibility, good fair, law of obligations, French law, the Napoleon Code, the Russian Civil Code, codification.

DOI: 10.12737/2243

Specifics of Scientific Activity as a Ground of Differentiation of Legal Regulation of Labor Relations of Scientific Workers

D. A. Bocharnikov

E-mail: Southarea@mail.ru

The article is dedicated to the detection of the specific features of scientific work which determine the specificity of the legal regulation of the labour relations of scientists and scholars. The author provides a general characteristic of the legal status of the researcher and analyses the exceptions from general rules stipulated by Russian legislation as well as the additional rules for the conclusion, alteration and termination of the labour contract with the said category of workers, their qualifications, working conditions and salaries.

Keywords: science, scientific work, research fellow, labour contract, competition, citation index, leave.

DOI: 10.12737/2244

Realization of International Law Norms in the Field of Combating Human  Trafficking in the Russian Federation

O. I. Sakaeva

E-mail: olsakaeva@gmail.com

The article examines the legal issues connected with the implementation of the rules of international law on the combating trafficking in persons in the legislation of the Russian Federation. Comparing provisions of treaties, soft law and legal regulations of Russian and foreign legislation concerning combating trafficking in persons the author comes to the conclusion of the necessity of improvement of Russian legislation in the field of prevention of trafficking in persons, its criminalization and penalization, trafficking victims protection.

Keywords: trafficking in persons, trafficking in children, implementation of the rules of international law, interaction between international and domestic law.

DOI: 10.12737/2245

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