Issue № 3-4 (43-44) 2014

№ 3-4 (43-44)
2014

Content

Problems of the theory of law and the state, history of the state and the law

Problems of constitutional law and municipal

Problems of civil, family and private international law

Problems legal regulation of economic and business activities

Problems of criminal law, criminalistics, criminology and penitentiary right

Problems of legal process


Problems of the theory of law and the state, history of the state and the law

LINGUISTIC ASPECTS OF A LEGAL PRESUMPTION A. D. BORYAKIN*

Samara State University of Economics (Russia, Samara)

Summary: The current state of legal research in the field of legal presumptions dictated by the need to examine their linguistic aspect. This article discusses the main options for the formulation of legal presumptions and their attachment to the source text of the legislation. The efficiency of these options.

Keywords: presumption; linguistic means; efficiency.

________________

* Anton D. Boryakin, a graduate student of the Department of State and legal disciplines of Samara State University of Economics, E-mail: sovetnik.samara@gmail.com.

© A. D. Boryakin, 2014.

WIDE APPROACH TO UNDERSTANDING OF LAW IN RUSSIAN GENERAL THEORY OF LAW A. A. LOMONOSOVA*

Samara State University of Economics (Russia, Samara)

Summary: At present wide approach to understanding of law has its supporters and is developing in Russian general theory of law. The article studies points of view of different authors on the problem of multidimensionality of law. Several different definitions of this concept are given.

Keywords: understanding of law; sense of justice; legal system.

_______________________

*Alla A. Lomonosova, a graduate student of the Department of Theory and History of State and Law of Samara State University of Economics, E-mail: sseu.process@gmail.com

© A. A. Lomonosova, 2014.

RELIGIOUS AND LEGAL LIFE OF SOCIETY: REALITIES AND PROSPECTS V. A. PONOMARENKOV*

Samara State University of Economics (Russia, Samara)

Summary: The article deals with questions of religious understanding of the legal society, the elements of filling the content of religious rights and ethnic and social traditions; based on the analysis of legal acts conclusions about the relationship, the interaction sphere of secular education, and ethnic, religious culture.

Keywords: religion; traditions; secular education; national cultural values; human rights.

_______________________

* Vitaly A. Ponomarenkov, candidate of jurisprudence, associate professor of the state and legal disciplines of the Samara State University of Economics, E-mail: 2770402@mail.ru.

© V. A. Ponomarenkov, 2014.

THE HISTORY OF THE CONCEPT OF LAW COMPREHENSION AS THE BASIS OF LAW POLICY A. G. SOROKIN*

Samara State University of Economics (Samara, Russia)

Summary: The article is dedicated to the phenomenon of law policy in the Russian law science from the middle of the 90-s. As the basic concept of law is interpreted ambiguously, the author views the question of history of appearance and essence of this phenomenon.

Keywords: law policy; law comprehension; law phenomenon; law relationship; law norm.

_______________________

* Аleksey G. Sorokin, a graduate student of the Department of Theory and History of State and Law of Samara State University of Economics, E-mail: sseu.process@gmail.com

© А. G. Sorokin, 2014.

Problems of constitutional law and municipal

MODERN TRENDS IN THE DEVELOPMENT OF LOCAL SELF-GOVERNMENT IN THE RUSSIAN FEDERATION I. I. MASLOV*

Samara branch of Moscow state pedagogical University (Russia, Samara)

Summary: the article analyzes the peculiarities of development of local self-government in the Russian Federation, the existing contradictions and prospects of development of local self-government.

Keywords: local government; law reform; streamlining of public administration.

_______________________

* Igor I. Maslov, graduate student of Samara Branch of Moscow state pedagogical University, E-mail: onix.68@mail.ru

© I. I. Maslov, 2014.

THE LAW PRINCIPLE OF FREEDOM OF LABOR IN THE RUSSIAN FEDERATION T. R. SHARIPOV*

Samara State University of Economics (Russia, Samara)

Summary: The problems of the law principle of freedom of labor, its implementation in the Russian legislation, the relationship with the international regulations.

Keywords: сonstitution of the Russian Federation; freedom of labor; forced labor.

______________________

* Timyr R. Sharipov, undergraduate Faculty of Magistrates of the Samara State University of Economics, E-mail: selane@mail.ru.

© T. R. Sharipov, 2014.

THE PRINCIPLE INVIOLABILITY OF PROPERTY IN THE CONSTITUTIONAL LAW OF THE RUSSIAN FEDERATION T. R. SHARIPOV*

Samara State University of Economics (Russia, Samara)

Summary: focuses on the problems of the principle of the inviolability of property in the constitutional law of the Russian Federation, its implementation in the Russian legislation, relationship with the international regulations.

Keywords: the Constitution of the Russian Federation, inviolability of property; guarantees the inviolability of property.

______________________

* Timyr R. Sharipov, undergraduate Faculty of Magistrates of the Samara State University of Economics, E-mail: selane@mail.ru.

© T. R. Sharipov, 2014.

Problems of civil, family and private international law

TO THE QUESTION OF THE LEGAL STATUS OF THE PARTIES OF THE PROCUREMENT CONTRACT T. A. BAKLYKOVA*

Samara State University of Economics (Russia, Samara)

Summary: The article considers the peculiarities of the legal status of the subjects as one of the distinguishing features of the procurement contract. Identifies the problems of legal regulation and suggest ways to improve existing legislation.

Keywords: contract; agricultural products; agricultural producer; supplier of agricultural products.

____________________

* Tatyana A. Baklykova, graduate student of the Dept. of the civil and business law of Samara State University of Economics, E-mail: vmf007@ya.ru.

© T. A. Baklykova, 2014.

FEATURES OF IMPLEMENTATION THE RIGHT SUBJECTIVITY OF LEGAL ENTITIES IN THE PROCESS OF THEIR LIQUIDATION S. K. LISETSKIY*

Samara State University (Russia, Samara)

Summary: The paper is dedicated to the studying methods of implementation the right subjectivity of legal entities in the process of their liquidation. Author analyses a role of founders (participants), organs of legal entity, arbitral manager, and liquidation commission.

Keywords: legal entity; civil right subjectivity; liquidation of legal entity.

________________________

* Sergey K. Lisetskiy, senior lecturer оf Department of civil and commercial law, Samara State University, Е-mail: superlisss@mail.ru.

© S. K. Lisetskiy, 2014.

QUESTIONS OF THE STATE REGISTRATION OF RIGHTS AND DEALS IN THE CONTEXT OF CHANGING THE LEGISLATION T. A. TITOVA*

Samara State University (Russia, Samara)

Sиmmary: In the paper, questions of changing in legal regulation concerning the institute of state registration of rights and deals are analysed. The main attention is paid to the problems of interrelation between these types of registration and to the assessment of novel legal provisions.

Keywords: civil legislation; realty; state registration of rights and deals.

__________________________

* Tatiana А. Titova, vice-leader of Rosreestr Direction on Samara region, lecturer of the Department of Civil and Business Law, Samara State University, E-mail: rosreestr163@gmail.com.

© T. А. Titova, 2014.

Problems legal regulation of economic and business activities

FEATURES STATE REGISTRATION OF INDIVIDUAL ENTREPRENEURS R. K. AGARONYAN*

Samara State University of Economics (Russia, Samara)

Sиmmary: The article considers the state registration of individual entrepreneur, refusal to register, pay attention to changes in legislation.

Keywords: state registration of individual entrepreneur; the Unified State Register; individual entrepreneur.

____________________

* Roza K. Agaronyan, graduate student of the Dept. of the civil and business law of Samara State University of Economics, E-mail: roza.agaronyan91@mail.ru.

© R. K. Agaronyan, 2014.

CONCEPT AND CHARACTERISTICS OF THE INDIVIDUAL ENTREPRENEUR R. K. AGARONYAN

Samara State University of Economics (Russia, Samara)

Sиmmary: the article discusses the concept and characteristics of the individual entrepreneur, types of entrepreneur independence, attention is paid to the necessary conditions for the practice of an individual business.

Keywords: individual entrepreneur; autonomy; competence.

____________________

* Roza K. Agaronyan, graduate student of the Dept. of the civil and business law of Samara State University of Economics, E-mail: roza.agaronyan91@mail.ru.

© R. K. Agaronyan, 2014.

MODERN PROBLEMS OF PRACTICE OF APPLICATION OF LAW 44 S. Е. ALEXINA*

Urban district "City of Kaliningrad" (Russia, Kaliningrad)

Summary: This article discusses the contemporary issues that are connected with the practical application of the new act 44 Federal Law “About the contract system in the matter of purchase of goods, works and services for state and municipal requirements”. Because Public Economics forges ahead and is in a progress, it is necessary to have a relevant legal mechanism that can regulate it. For many years law-makers have been trying to frame the most effective mechanism of legal regulation that can meet the state’s needs exactly. In such way the new Federal Law was framed. But only the practical application was able to demonstrate benefits and implications of the new act and represent efficiency level.

Keywords: mechanism of legal regulation, state purchases’ institute, contract system.

_______________________

* Svetlana Е. Alexina, leading Specialist of International Relations Division of the urban district "City of Kaliningrad", E-mail: finogentovaoe@mail.ru.

© S. Е. Alexina, 2014.

THE LEGAL STATUS OF LIMITED LIABILITY COMPANY IN CONNECTION WITH THE ENTRY IN TO FORCE OF THE FEDERAL LAW E. I. KIM*

Samara State University of Economics (Russia, Samara)

Summary: The article discusses issues related to changes in the first part of the civil code, concerning such legal form as a limited liability company. The article analyzes the norms in force until 01.09.2014 and after the specified date in relation to these legal persons.

Keywords: the limited liability company; authorized capital; the founding document.

_______________________

* Ekaterina Il. Kim, 1-st year student of Master's specialty "Business Law, Commercial Law" of Samara State University of Economics, E-mail: ekat.kim2010@yandex.ru.

© E. I. Kim, 2014.

SOME QUESTIONS EXCLUSION FROM LIMITED LIABILITY COMPANY E. I. KIM*

Samara State University of Economics (Russia, Samara)

Summary: The article deals with exclusion from Limited Liability Company. The author analyzes the conditions, reasons and consequences of exclusion from LLC. The necessity of amendments relating to estimates of the proportion of the excluded party payment sand the cost of this share.

Keywords: the exclusion of the participant; the limited liability company; violation.

_______________________

* Ekaterina Il. Kim, 1-st year student of Master's specialty "Business Law, Commercial Law" of Samara State University of Economics, E-mail: ekat.kim2010@yandex.ru.

© E. I. Kim, 2014.

TO THE QUESTION OF THE LEGAL REGULATION FAIRS IN THE SAMARA REGION. A. S. KURBATOV*

Samara State University of Economics (Russia, Samara)

Summary: The article reveals the peculiarities of legal regulation and fair activity, the analysis of the current legislation in the part of legal regulation fairs.

Keywords: fair; the administrator of the fair; the operator of the fair; the authorized body of the Executive power of the Samara region; the authorized body of local self-government.

_________________________

*Alexandrе S. Kurbatov, graduate student of the Dept. of the civil and business law of Samara State University of Economics, E-mail: Askurbatov@mail.ru.

© A. S. Kurbatov, 2014.

TO THE QUESTION OF THE PERSONAL CUSTOMS SCREENING  AS A FORM OF CUSTOMS CONTROL P. A. PAULOV*

Samara State University of Economics (Russia, Samara)

Summary: This article discusses some issues of the personal customs screening as an exceptional form of customs control. It is said about the importance of forms of customs control within the Customs code of the Customs Union and the importance of the personal customs screening.

Keywords: customs; forms of customs control; personal customs clearance; an exclusive form of customs control.

______________________

* Pavel A. Paulov, candidate of jurisprudence, Associate Professor of department of state and legal disciplines of Samara State University of Economics, E-mail: PaulovPavel@yandex.ru.

© P. A. Paulov, 2014.

Problems of criminal law, criminalistics, criminology and penitentiary right

ON THE IMPLEMENTATION OF THE RUSSIAN LEGISLATION TO COMBAT CORRUPTION OF CERTAIN PROVISIONS OF INTERNATIONAL LAW A. I. NAGORNOV*

Operations Division of Research Affairs of Russia Samara region (Russia, Samara)

Summary: In this article the author substantiates the need for the implementation of the Russian legislation Art. 20 of the UN Convention "illegal enrichment".

Keywords: corruption; confiscation of property; the property obtained by criminal means.

_____________________

*Aleksandr I. Nagornov, Detective, 6 UEBiPK Operations Division of Research Affairs of Russia Samara region, E-mail: finogentovaoe@mail.ru.

© A. I. Nagornov, 2014.

RATHER-LEGAL ANALYSIS OF THE CRIMINAL LEGISLATION OF 1926-1960 GG. T.V. SINELNIKOVA*

Samara Law Institute of the Federal Service for Execution of Punishments of Russia (Samara, Russia)

Summary: in article the main changes of fundamental provisions of the criminal legislation of the Soviet state in 1926 - 1960 are analyzed. The author comes to a conclusion that the criminal law was modified towards mitigation of criminal penalty, and also democratization and a humanization of norms of criminal law.

Keywords: crime; public and dangerous act; punishment; measures of social protection.

_________________

*Tatiana V. Sinelnikova, postgraduate student, Samara Law Institute of the Federal Penitentiary Service of Russia, E-mail: sinelnikovatv@mail.ru.

© T. V. Sinelnikova, 2014.

SECURING AND REALIZATION OF THE PRINCIPLE OF ADVERSARIAL PROCESS BASED ON AN ANALYSIS OF LEGISLATION RUSSIA LATE 19TH CENTURY S. A. SULTANOVA*

Samara State Аcademy (Nayanova) (Samara, Russia)

Summary: The paper analyzes the features of the development of the domestic judicial system in relation to changes in the political life of the country and judicial reform in European countries.

Keywords: judicial system; law reform; criminal trial.

____________________

* Svetlana A. Sultanova, senior lecturer, Samara State academy (Nayanova), E-mail: swetlana.sas@yandex.ru.

© S. A. Sultanova, 2014.

Problems of legal process

PECULIARITIES OF JUSTICE CONSTITUTIONAL (CHARTER) COURTS SUBJECTS AS ONE OF THE ELEMENTS OF THE JUDICIAL SYSTEM OF THE RUSSIAN FEDERATION E. S. DMITRIEV*

Samara State University of Economics (Russia, Samara)

Summary: The Constitution of the Russian Federation establishes the judicial system of the country, but does not determine the composition of the judicial system. The law show us the constitutional division of system of courts into different types on the basis of matters of responsibility, position in the state structure, character of jurisdiction, volume of powers. The most interesting in this article is the question of the competence and activities of constitutional (charter) courts of the Russian Federation Subjects.

Keywords: The Russian Constitution; Constitutional Court of the RF Subjects; legal proceedings (judicial proceedings); the judicial system.

_____________________

* Evgueniy S. Dmitriev, degree-seeking student, Samara State University of Economics, E-mail: mkroz@mail.ru.

© E. S. Dmitriev, 2014.

THE PROBLEM OF MERGING THE ARBITRATION AND CIVIL PROCESS DUE TO THE COMBINING OF THE THE SUPREME JUDICIAL AUTHORITIES OF THE RUSSIAN JUDICIAL SYSTEM E. S. DMITRIEV*

Samara State University of Economics (Russia, Samara)

Summary: It is obvious that if there is a the Supreme Court - a single highest court for civil cases and for the economic disputes at the same time, the formation of a integrated branch of the judicial system is inevitable, which includes both the existing courts of general jurisdiction and arbitration courts as special courts along with the military courts. In this article we bring up a question of prospects and validity of further existence of branch of an arbitral procedural law, and also the homonymous area of jurisprudence knowledge.

Keywords: Supreme Court; the judiciary; arbitration law; the judicial system, court proceedings.

_____________________

* Evgueniy S. Dmitriev, degree-seeking student, Samara State University of Economics, E-mail: mkroz@mail.ru.

© E. S. Dmitriev, 2014.

TYPES OF PROCEDURAL REPRESENTATION A. V. KOKIN*

Samara State University of Economics (Russia, Samara)

Summary: The present article is devoted to types of procedural representation. In it classification of representation depending on the actual structure defining the bases of its emergence is given, according to this classification the representation is subdivided on lawful, contractual, public and to destination.

Keywords: procedural representation; legal process; contract.

_______________________

* Аleksey V. Kokin, degree-seeking student of the Chamber of Theory and History of State and Law of Samara State University of Economics, E-mail: sseu.process@gmail.com.

© A. V. Kokin, 2014.

ALL-LEGAL BASES OF UNDERSTANDING OF REPRESENTATION IN LEGAL PROCESS A. V. KOKIN*

Samara State University of Economics (Russia, Samara)

Summary: Article is devoted to problems of definition of concept, system, the contents, structure of procedural representation.

Keywords: representation; legal process; jurisdictional activity.

_______________________

* Аleksey V. Kokin, degree-seeking student of the Chamber of Theory and History of State and Law of Samara State University of Economics, E-mail: sseu.process@gmail.com.

© A. V. Kokin, 2014.

PERVERSIONS OF PROCEDURAL RULES AND SUBSTANTIVE LAW P. M. PHILIPPOV*

Volgograd Academy of Russian Ministry of the Interior (Russia, Volgograd)

Summary: in an article on the example of making a particular case of damages caused a forensic examination of the building, deals with the problems of application of the fundamental provisions of the Civil Procedure Law of the admissibility of evidence in civil proceedings and the legal status of an expert. The authors concluded that a material breach of the judges of substantive and procedural law, misunderstanding of the nature of civil procedure relations.

Keywords: forensic construction expertise; admissibility of evidence; expert.

_____________________

* Pyotr M. Philippov, Doctor of Laws, professor, professor in the department of civil law studies at Volgograd Academy of Russian Ministry of the Interior, E-mail: kotelnikov2612@yandex.ru.

© P. M. Philippov, 2014.

Return back