Contents of issue # 1/2012

Welcoming Address of Editorial Board for the 15th Anniversary of "The Journal of the Russian Law"

Economic Efficiency, Legal Ethics and Confidence of State

G. A. Gadzhiev

The paper considers the relationship between the two constitutional principles — the principle of economic freedom and the principle of social state, on the basis of which a historic confrontation of free markets and the welfare state, economic, and constitutional and legal ethics takes place. Deregulation in the context of globalization of financial systems has led to the destruction of legal ethics, that is one of the causes of the global economic crisis. Innovative way of development of the economy suggests a reasonable combination of these constitutional values. The study of ontological questions of modern legal reality in Russia allows to express serious concerns about the practice of so-called «social responsibility» when under the flag of «social» the imposes on business the responsibility for the construction of sport and other public facilities or for the electoral campaign activities funding.

Keywords: principle of economic freedom, principle of social state, innovative way of economy development, study on ontological issues of modern legal reality in Russia.

Turnover of Real Estate in Russia: Economy and Law

I. E. Manylov

The article stresses in correlation of economic and law certain actual issues of the legal regulation of the real estate in the Russian Federation, namely the development of registration of rights to real estate, improvement of land legislation and of the procedures of allocation of land plots and its nationalization, the establishment of servitudes, abolishment of land categories.

Keywords: the real estate, land legislation.


Ensuring Legality in Operation of Compensatory Mechanisms in Financial Markets

A. V. Turbanov

In article the requirements shown to regulation of compensatory mechanisms in the financial markets are considered. The special role of legal means which don’t allow participants of the financial market to break legitimate interests of other persons is marked. Practice of revealing and suppression of the abusings expressed in creation of conditions for wrongful reception of insurance compensation from Agency on insurance of contributions is analyzed.

Keywords: the financial market, protection of investments, the bank contribution, insurance of contributions, abusing the right, the imaginary transaction.


Civil Liability in the System of the Russian Law

V. P. Mozolin

The article considers the actual theoretical questions related to the notion and the role of civil law liability in the system of Russian law. The major attention on that is dedicated to compensation of harm caused to Life or Health of Citizen. It is promoted and grounded the provisions, related for modernization of the present legislation.

Keywords: property liability, unlawful action, unfavourable consequences, breach subjective right, comlex legal relation, tresspass, moral harm, reimbursement and compensation of harm.


Investment Climate: Issues of Legal Regulation

N. G. Doronina

The notion of «investment climate» reveals the state of comfort of an investor. It depends on the applicability of international investment agreements. Investment climate within the state depends on the contract system, namely concession agreements and the agreements within the special economic zone. It is important to provide the responsibility of a party to the contract for significant infringement of the balance fixed by the contract.

Keywords: investments, investment climate, concession agreement, agreement between the special economic zone body and a resident of the special economic zone, balance of public and private interests, responsibility of the parties.


On Civil Turnover of Construction in Progress Objects

E. Yu. Valyavina

There have been analyzed problems of investment in construction in progress. Reviewed existing methods of processing relations of the ownership alienation or use of undeveloped real estate. Here present an overview of court practice on the issues.

Keywords: rent, real estate, pre-contract, registration, property.


Prosecutor’s Supervision as a Means of Strengthening Legality in the Field of Economy

N. V. Subanova

The author analyses the state-of-the-art of legality in the sphere of the Russian Federation’s economics in its interrelation with the prosecutorial supervision activity in this direction. The Prosecution Service’s priorities in its activity trends are designated. Some peculiarities and results of a prosecutorial supervision of obedience to the law in the spheres where the state of legality is characterized in a particularly negative way, were submitted to a detailed examination. A particular attention is given to various aspects of a Public Prosecutor’s defense of entrepreneurs’ activity’s rights. In the framework of this defense The Prosecution Service bodies, realizing their new powers managed to reduce the number of unlawful checking of business entities and to bring the order of their conduct to uniformity.

Keywords: legality, law, Public Prosecution Service, supervision, control, economics, business, reaction, means, offences.


Permitted Use of Land Plots: Issues of Establishment and Modification

E. L. Minina

The article from the standpoint of land low are investigated gaps and contradictions of the Russian legislation regulating the establishment and change of permitted use of land, and the ways of their elimination, as well as analyze the prospects for development and transformation of institute for permitted use of land in relation to the principle of dividing the land categories depending on their intended purpose.

Keywords: land plot, intended purpose, permitted use, category of land.


On Budgetary Powers of Bodies of Representative Authority of Subjects of the Russian Federation

L. E. Kalinina

The author analyzes federal end regional legislation about budgetary competences. The role of law-making bodies of subjects of the RF is analyzed in the article. Lawmaking body approve a budget, set forth region taxes end execute budgetary control.

Keywords: budgetary competences, to approve a budget, setting forth region taxes, budgetary control.


Legal Culture and Mechanisms of Its Formation

M. Yu. Osipov

One of the actual problems in the theory of law is the issue of legal culture and the mechanism its formation. This article analyzes the issues of concept, structure and functions of legal culture as well as the mechanism of its formation.

Keywords: legal culture, the mechanism of formation, the theory of law.


Legal Regulation of Social Protection of Law Enforcement Personnel

V. L. Barankov

The article analyses the provision of social protections of judies and workers of low enforcement agencies which is guarantee of its independence. In the article the author analyze the legislative acts providing measures of various categories of workers low enforcement agencies. Also the author mentions the general approach’s of maintenance of social protection and feature depending of character of activity of workers.

Keywords: workers of low enforcement agencies, social protection, social security pension, provision, state insurance, committee of inquire, attorney, police.


Kazan Period in Scientific and Educational Activities of S. N. Bratus

F. N. Bagautdinov

The article covers the period of work of a well-known lawyer S. N. Bratus in the universities of Kazan in 1931—1932 when «political mistakes» were found in his published works.

Keywords: S. N. Bratus, history of legal education, Kazan State University, Kazan Institute of Soviet Construction, civil law, Stalin’s letter to the editor of the magazine «Proletarian Revolution», the society of Marxists.


Review of the VI Annual Scientific Reading Devoted to the Memory of professor S. N. Bratus

M. L. Shelyutto

Legal Issues of Counteraction against Corruption

M. F. Musaelyan, M. A. Khataeva

Fundamental Research of Legal Technique Issues

I. N. Senyakin, I. V. Mikheeva

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