Contents of issue # 3/2014

Predictions and Risks in the Legal Sphere

Yu. A. Tikhomirov

doctor of jurisprudence, professor

E-mail: office2@izak.ru

The article is devoted to the concept of advanced legal effect, targets of legal prognosis, such as scientific prognostication of dynamics of legal conditions, optimal legal effect on social and politic processes, avoidance of possible deviations. Elements of juridical prognosis are determined: borders and contents of perspective legal regulation, means of correlation of social development processes and their legal reverberation. Theses correlation could help to ascertain cause-and-effect relations in the legal system, dynamics of legal regulations in national and international law, dynamics of statutes and functions of subjects of law, legal risks. All these elements would stimulate minimizing of negative consequences. Methods of prognostication and a range of criteria for an estimation of results are also considered in the article.

Keywords: prognostication, prediction, risk, legal regulation, concepts, lawmaking.

DOI: 10.12737/2575

Questions of Requisition in the Russian Civil Legislation

E. V. Obolonkova

PhD in law

E-mail: civil@izak.ru

The article analyses the issues of recovery of property from private owners as a result of requisition by the state. In particular, the author considers the circumstances that may serve as a basis for requisition and the issue of payment to the owner compensation for confiscated property. Analyzes the current legislation, judicial practice, international conventions, literature sources and on the basis of their analysis, some recommendations on the improvement of the current legislation.

Keywords: requisition, private owner, recovery of property by the state, compensation.

DOI: 10.12737/2576

Nature of Intangible Benefits and Their Protection

V. K. Andreev

​doctor of jurisprudence, professor

E-mail: 84995016973@bk.ru

In article according to standards of the Federal law of July 2, 2013 No. 142-FZ “On modification of subsection 3 of the section I of part one of the Civil Code of the Russian Federation” are studied a being of the intangible benefits and their protection. Properties of the intangible benefit as right subject form of the person and citizen, other than a common property right are established. Classification of the intangible benefits is given, specific ways of their protection are considered.

Keywords: intangible benefits, personal non-property right, inalienability of intangible benefits, moral harm, compensation of moral harm, denial, ways of protection of intangible benefits.

DOI: 10.12737/2577

Principles of Contract Law: Reflection in Labor Legislation

L. I. Filyushchenko

PhD in law, associate professor

E-mail: filuschenko@mail.ru

The article explores the reflection of the principles of contract law into a sphere of labour legislation, induced by intensification of private-law regulation. The features and a number of problems of application of the contract law principles (the freedom of contract, the obligation of execution, the invariability of contract terms, and the balance between private and public interest) are uncovered.

Keywords: principles, contracts, labour, interests, freedom, obligation.

DOI: 10.12737/2578

International Integration: Methodological Problems of Research

E. E. Rafalyuk

PhD in law

E-mail: theory@izak.ru

The author investigates certain methodological problems of studying international integration. Complication of social relations and appearance of new integrated legislation branches testify to the necessity of using an interdisciplinary approach in the legal science. Such approach suggests taking into account the knowledge of various sciences in order to get an idea of the object under study and can be applied for studying international integration as a general scientific category. But modern legal studies should be based on an intersectoral method as well. Due to the development and deepening of integration processes a need arises in new methodological methods which allow investigating sets of norms, that promote the integration process (integration law). While studying international integration it is necessary to take into account the increasing convergence of private and public law, which means that as such it is necessary  to use both private-law and public-law methodology.

Keywords: methodology, interdisciplinarity, worldview mindset, intersectoral approach, integration, supranationalism, integration law, community law, multinational integration association, unification of law.

DOI: 10.12737/2579

Language Form of Objectivation of Interrelation of Criminal Law and Criminal Procedure Law

M. B. Kostrova

PhD in law

E-mail: kostrovam@mail.ru

The article views the basic theoretical provisions on the interrelation between the criminal law and the criminal procedure law and its objectivation in a linguistic form; proved the need to harmonize the language expression of the criminal and criminal procedure laws’ regulatory prescriptions.

Keywords: interrelation of criminal law and criminal procedure law, language of law, criminal law, criminal procedure law.

DOI: 10.12737/2580

Multi-Child Family and Problems of Its Social Welfare

E. G. Azarova

PhD in law

E-mail: labour@izak.ru

The article examines the concept of the multi-child family. It analyzes its special needs and requirements as well as demonstrates the financial insecurity of such families. The author reveals the role of families in the favorable demographic development of the country and examines the proposals of the experts, aimed at solving problems of large families.

Keywords: demographic crisis, large families, multi-child family, social security benefits, monthly allowances, monthly payments, regional legislation.

DOI: 10.12737/2581

International Law Models of Implementation of Anti-Corruption Conventions

A. A. Kashirkina

PhD in law

E-mail: ccla1@izak.ru

The article deals with current issues in modern jurisprudence of the theoretical approaches to the implementation of international legal standards and anti-corruption standards. On the basis of comparative legal analysis of the legislative anti-corruption regulation in more than 20 countries, scientific modeling and organizing the author identifies four theoretical models of implementation of international anti-corruption law. An assessment of problematic issues of implementation of anti-corruption conventions in the Russian Federation, as well as suggestions for improving the mechanism.

Keywords: anti-corruption conventions, international anti-corruption standards, models of implementation of international anti-corruption law, international organizations, international treaties of the Russian Federation.

E-mail: ccla1@izak.ru

International Law and Domestic Aspects of Russia’s Accession to the Civil Law Convention on Corruption

A. N. Morozov

PhD in law

E-mail: ccla1@izak.ru

The article is devoted to the study of international law and domestic issues of accession of the Russian Federation to the Civil Law Convention on Corruption. Analyzes the model of possible accession of Russia to the Convention. This article provides suggestions and recommendations for improving the implementation of the Convention under review in the Russian legal system.

Keywords: international law, corruption, civil liability for corruption, implementation, Council of Europe.

DOI: 10.12737/2583

Agency Agreements and Contracts of Commission in Foreign Trade Turnover

V. A. Kanashevskiy​

​doctor of jurisprudence

E-mail: vkanachevski@yandex.ru

The author analyzes the issues of conflict of law regulation of agency and commission agency agreements in Russia and foreign countries, examines the notion and characteristics of such contracts, gives the examples of consideration of the disputes arising from agency and commission agency agreements from Russian and foreign case law and arbitration practice.

Keywords: commission contract, agency agreement, conflict of law regulation, commercial representation, applicable law.

DOI: 10.12737/2584

 

On the Draft Federal Law “On Normative Legal Acts in the Russian Federation”

V. A. Cherepanov

​doctor of jurisprudence, professor

E-mail: sigma45@yandex.ru

Problems of legislative process are considered and methods of dealing with these problems are proposed in the article.

Keywords: legislative process, federal law, principles of legal restrictions of human rights and liberties, legal experiment.

DOI: 10.12737/2585

Criminal Liability for Theft with Use of Computer Equipment

V. V. Khilyuta

PhD in law, associate professor

Е-mail: tajna@tut.by

In article questions of qualification of the plunders made with use of the computer technics are considered. The author proves necessity of introduction of the independent criminal liability for “computer plunder” and the variant given criminally-rule of law is offered.

Keywords: plunder, computer swindle, plunder with use of computer technics.

DOI: 10.12737/2586

Legal Interests in the System of Civil Law

A. V. Ul’yanov

E-mail: AlekseyVladimir@yandex.ru

This article covers such important problem of civil law, as nature of legal interest in the civil law system. The author regards the legal interest as a specific legal form, argues his own novel attitude that the legal interest is legal bound between the subjects of civil law, which contains their expectations regarding the acquisition of civi rights or other benefits.

Keywords: legal bound, interest, legal interest, legal form, private interest, public interest, balance of interests.

DOI: 10.12737/2587

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