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No. 17, August 2018

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№ 17, август 2018

Table of Contests                   
                       

 

  Belovidov Roman

Yuryevic,

Pavlov Nikolay

Vladimirovich

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Correlation Between Executive Power in the USSR and in Modern Russia

     Abstract        
  The article deals with topical problems of executive power in modern Russia, such as the interaction of federal authorities with the authorities of the subjects, personnel policy, management activities. A comparative analysis of the features and structure of executive bodies and local self-government bodies in modern Russia and the Soviet Union is carried out. The structural structure of the executive power is analysed, including the issue which authorities and officials form a part of the executive branch. The historical transition of the state to the concept of executive power is considered. The authors analyse the features of the executive power in the Soviet Union at various historical stages: at the beginning of Stalin’s rule; in the period from 1936 to 1978, when the supreme executive body was the Supreme Soviet of the USSR; and since 1978, when it became the Council of Ministers of the RSFSR. A comparative analysis of the executive authorities of the Soviet Union and the modern Russian Federation is carried out. The authors consider the new foundations of executive power which appeared with the creation of a new state. The consolidation of the foundations of executive power in the Constitution of the Russian Federation in 1993 is considered. The question of the place of the president in the system of executive power is analysed, that is whether the president is the head of the executive branch or can be singled out as a special system of the state system of the country.
 

 

Key Words: executive power, president, executive bodies.

 

        Abstract           

Borone Anastasiya

Aleksandrovna

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Liability of the Carrier Under the Contract of International Carriage of Passengers and Baggage

 

In this article, the author analyses several the provisions of the Conventions for the Unification of Certain Rules of International Air Transport (the Warsaw Convention of 1929 and the Montreal Convention of 1999) in the framework of the responsibility of the air carrier to the passenger. Due to the special importance of air transportation, as well as Russia’s accession to the Convention for the Unification of Certain Rules of International Air Transport, adopted in Montreal, the author provides a theoretical assessment of the provisions of this Convention related to the carrier’s liability to the passenger for causing harm to life and health, as well as for the non-safety of cargo or baggage. These issues are central to the work, as they are of fundamental importance and differ significantly from the provisions of the previously adopted Warsaw Convention. In the analysis of certain provisions of the Montreal Convention, the author comes to the conclusion that the absolute liability of the carrier for causing harm to the life and health of the passenger in cases where the size of the claims does not exceed 113,100 SDR. The Montreal Convention not only tightened the carrier’s liability for non-preservation of cargo or baggage, but also provided an exhaustive list of circumstances that exempt the carrier from liability   

 

 

Key words:  carrier’s liability, international air transportation, causing harm to life and health of passengers, air transportation.

 

 

 

 

 Dolina Ilya

Olegovich

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On the Issue of the Interaction of Morals and Morality (Comparative and Legal Aspect)

         Abstract    
  Modern Russian legal science, characterising the relationship of law and morality, draws attention, first of all, to the unshakable unanimity of the researchers in the initial point of analysis which is the identification of morals and morality. However, the identification of morals with morality is incorrect, first of all, from the historical point of view which is common in the domestic social science. At the same time, the author comes to the conclusion that it would be more correct to talk about the interaction of morals and morality, but not about their identification. The article defines the moral direction of law development. It is noted that since the end of the 20s of the 20𝑡ℎ century, one can observe the formation and development of a moral structure in the Russian state which can be called a substantial, or objective (naive) morality. In the 30–50s of the 20𝑡ℎ century, this concept was decisive for the entire social and political life of the Soviet state. In the 80s, the concept of substantial, or objective morality has achieved the greatest distribution in the system of law. It is concluded that the law and morality are considered by the Russian legal science as distinct coercive regulatory instruments..
 

 

Key words: law, morality, morality, individual, society, state.

 

        Abstract           

Yefremchikova Anna

Alekseyevna

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On the Issue of the Legal Nature of Local Self-Government Bodies Exercising Municipal Control

Currently, the scientific literature increasingly actualises the issue of increasing the level of legality in the system of local governments. In this connection, according to the author’s, it is necessary to turn to the study of the legal nature of local selfgovernment bodies exercising municipal control. From the author’s point of view, at the present stage of municipal reform it is necessary to legally define the municipal control, establishing definitively its legal characteristic in the Federal law of October 6, 2003 № 131-FZ “On the General Principles of Local Government in the Russian Federation”. The author also believes that the existing approach which provides the right to local authorities to implement municipal control in certain areas of activity is not so effective. In the author’s opinion, it would be more correct to raise municipal control to the level of duties of local self-government bodies. The article also provides examples of regulation of the institution of municipal control in some municipalities of Rostov Oblast, Stavropol Krai, and Krasnodar Krai. The norms of the charters of the above municipalities for the presence of powers in the field of municipal control are studied. As an example, the structure of the Chamber of Control and Accounts of Krasnodar is given.   

 

 

Key words: local self-government bodies, control, municipal control.

 

 

 

 

GIvanova Viktoriya

Alekseyevna, 

Klimova Natalya

Vladimirovna 

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Development of Plant Growing in Krasnodar Krai

   
     Abstract        
  This article considers the problems of increasing the efficiency of crop production are considered. The authors analyse the main rates of use of sowing areas, the gross collection of primary agricultural crops in the agrarian organisations of Krasnodar Krai. The share of Krasnodar Krai in the all-Russian volume for the production of agricultural crops is singled out. The authors determine the positions where Krasnodar Krai takes the leading place, as well as the percentage of imports from foreign countries and exports of such crops as wheat and corn for grain. The appropriate ways of increasing the efficiency of production of plant growing are given, namely, the use of intensive technology for cultivating agricultural crops, improving the fertility of lands, developing crop rotations, sowing for the best precursors, applying advanced technology, reducing the time of field work, rational use of mineral and organic fertilisers, improved seed production.
 

 

Key Words: agro-industrial complex, agriculture, crop production, structure of sowing areas, agribusiness, gross harvest, production efficiency, efficiency increase

 

        Abstract           

 

Ivanova Inna

Grigoryevna, 

Pelikhov Yaroslav

Vladislavovich

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The Status and Directions of Ensuring Food Security at the Country and Regional Level 

The rational ensuring of food security depends entirely on the sustainable effective development of agriculture. At the same time, food security can be considered as an integral and important part of national security. That is why the study and analysis of the problem of food security are among the most popular areas of modern Russian economic science. This article describes the state policy of food security at the regional level, as well as Russia as a whole. The authors give the analysis of the current state of the agricultural sector of the country and propose the measures to improve its competitiveness, since improving the provision of food is an important socio-economic task, and it is of great importance for the development of the state and each specific region to find an appropriate solution.   

 

 

Key words:  economic security, food security, agro-industrial complex, food independence.

 

 

 

 

Kondakova Lyubov

Denisovna, 

Shulga Antonina 

Konstantinovna

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Some Legal Aspects of Guardianship and Trusteeship

         Abstract    
  The most common form of maintenance of children left without parental care is guardianship and trusteeship. It is a form of maintenance through the appointment of guardians by the guardianship and trusteeship bodies. In this regard, the activity of the guardianship and trusteeship bodies plays a special role, but it currently shows a decrease in effectiveness. In order to improve the effectiveness, it is necessary to develop additional effective mechanisms of state regulation. In the authors’ opinion, the difficulties in applying guardianship and trusteeship are related to the inactive work of authorised bodies of executive power, in particular, the guardianship and trusteeship bodies which take measures to protect the personal and property rights of minors in need of state assistance. The authors come to the conclusion that managerial, quantitative, and motivational and value criteria can be taken as a basis for assessing the effectiveness of the guardianship and trusteeship bodies, as well as be used in improving existing and developing new mechanisms to increase the effectiveness of the guardianship and trusteeship bodies.
 

 

Key words: guardianship and trusteeship, guardian, trustee, social institution, state regulation

 

        Abstract           

 Kuvayev Anzor

Mugdinovich, 

Saprunov Aleksandr

Georgiyevich

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Organised Crime as a Threat to the National Security of the Russian Federation

This article touches upon organised crime as a threat to the national security in the Russian Federation. The measures currently used to prevent organised crime activity are not efficient enough to destroy organised crime. The authors note the stability of organised crime. They come to the conclusion that in order to ensure efficient fighting against organised crime, it is necessary to ensure that the citizens are interested in helping the law enforcement bodies, to improve the crime-fighting system constantly, and to improve the moral and ethical qualities and the professional skills of law enforcement officials. In order to ensure efficient preventing of organised crime by the law enforcement bodies, it is necessary to involve the victims of organised crime into operational and investigative actions. It is also necessary to carry out anonymous questioning and interviewing and to create a secure mechanism which would protect these people from criminal offence.   

 

 

Key words: crime, organised crime, criminal, criminal group, measures to combat organised crime

 

 

 

 

 

Kuvayev Anzor

Mugdinovich, 

Saprunov Aleksandr

Georgiyevich

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Organised Crime in the Russian Federation: the Problems and Ways to Solve Them
           Abstract  
  This article deals with organised crime in the Russian Federation. The authors note that corruption and organized crime are interconnected, and corruption favours the increase of organized crime. Secrecy of crime investigation, possibility of close communication with the members of criminal groups, and huge material benefits which can become available due to organized crime—all this favours involvement of law enforcement officials into criminal activity. The authors come to the conclusion that in order to combat organised crime effectively, it is necessary to adopt a special law on law enforcement service, to develop forms and methods of cooperation among all the law enforcement bodies, to carry out special training of officials involved in activity aimed at prevention of functioning of organised crime groups, to provide material and technical support of special units fighting organised crime.
 

 

Key words:  corruption, organised crime, crime, criminal, measures to combat organised crime.

 

        Abstract           

Lukyanov Dmitriy

Aleksandrovichna 

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The Legal Nature of Professional Standards and Their Impact on the Transfer of Workers to Other Jobs

The article considers the influence of professional standards on the institution of transfer of workers to another job. The author makes a comparative analysis of the normative legal acts regulating these provisions. The legal nature of professional standards has been studied, and the author draws his conclusions on the obligatory nature of their application by employers. It is noted that the introduction of the concept of professional standard exacerbates the terminological confusion. A professional standard is defined as a qualification characteristic, which is necessary for the employee to perform a certain type of work activity. Even more, this problem is aggravated by the fact that vocational education is brought into line with professional standards of state educational standards, although the Labour Code of the Russian Federation and the Federal Law “On Education in the Russian Federation” do not give a single notion of qualification. The author comes to the conclusion that the professional standard is a specific normative act with special approaches to the development and acceptance of its heterogeneous provisions.   

 

 

Key words: professional standard, transfer to another job, qualification, competence

 

 

 

 

Mandzhekov Viktor

Andreyevich

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Institution of Emancipation in the Civil Code of the Russian Federation
           Absract  
  Changes in social and economic conditions favoured establishing of the institution of emancipation in the Russian legislation. Its provisions contain a possibility of changing the legal status of a minor citizen granting them full legal capacity. But the content of this legal institution may give rise to many collisions and contradictions both in legal and law enforcement literature. As an example, the author notes the absence of legal regulation of the procedure of declaring a minor to be emancipated by a body of guardianship. The authors comes to the conclusion that it is necessary to supplement the part of the civil law which states the conditions of emancipation, adding a provision on reaching psychological adulthood in order to define whether a minor is capable of understanding the meaning of their actions, of carrying out these actions, and of being an independent subject of legal responsibility. The authors notes that reaching psychological adulthood can be confirmed via a psychologist’s report on the degree of psychological development of a minor citizen or it can be determined by a body of guardianship or a court.
 

 

Key words: emancipation, juvenile, minors, Civil Code of Russua, legal capacity

 

        Abstract           

 Nadzhaf Nikita

Aleksandrovich, 

Shulga Andrey

Vladimirovich

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The Issue of Differentiation of the Notions of Criminal Community and Criminal Organisation in Art. 210 of the Criminal Code of the Russian Federation

Organised crime poses a special threat to the national security of the Russian Federation. The most dangerous threat is activity of criminal communities (criminal organisations). Responsibility for their creation or participation in them is provided by Art. 210 of the Criminal Code of the Russian Federation which isn’t free of shortcomings. In order to increase the efficiency of criminal and legal fight against organised crime, the article gives various approaches to the definition of the notions of criminal organisation and criminal community which can be found in Art. 210 of the Criminal Code of the Russian Federation. On the basis of the carried-out analysis of separate provisions of the criminal law, the authors offer to differentiate the notions of criminal community and criminal organization by establishing the responsibility for their creation or participation in theem in separate articles   

 

 

Key words: organised crime, organised criminal group, criminal community, criminal organisation, criminal association, head, organiser, crime, criminal legislation.

 

 

 

 

Naumov Roman

Borisovich

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Forms and Methods of Protecting Civil Rights and Interests
           Abstract  
  This article provides an analysis of the existing ways to protect civil rights from encroachment. At the moment, civil rights are protected both by laws and by-laws issued by the authorities. The author also analyses the approaches relating to the definition of the notion of rights protection, the relationship between legal responsibility and rights protection. According to the author, the legislator hasn’t defined the legal notions of forms and methods of civil rights protection. That’s why law enforcers encounter difficulties when choosing a legal instrument which should be used to restore a violated right. Besides, the criteria which should differentiate the methods from the forms of rights protection. These gaps confirm that there is a necessity to make some amendments to the current legislation.
 

 

Key Words:  judicial system, forms of ensuring protection of civil rights, ways to ensure the protection of civil rights, ways to ensure protection

   

 

        Abstract           

   

 Nezhenets Olga

Valeryevna 

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On Some Issues of the Russian Federalism

This article studies the development of federalism in Russia in different time periods. Russia has experienced and continues to experience repeated changes in the nature of its federal model, so the Russian federalism is an important and interesting object for study which is used for comprehensive comparative legal analysis. So, the traditional federal arrangement presupposed, first of all, a voluntary unification of the territories included in the federation into a single state with the division of management between the center and the subjects. The centre created nationwide institutions of legislative, executive, and judicial power. Each of the parts of a subject of the federation also preserved independent bodies of legislative, executive and judicial power. Thanks to federalism, states are preserved from disintegration. Some signs of federalism have long been used in many unitary states. The purpose of the scientific work is to identify the principles of the Russian federalism, to study the rights and freedoms of a multinational people. An important feature of federal states is that the people have the right to selfdetermination.   

 

 

Key words: federalism, subjects of the Russian Federation, multinational people, Constitution, self-determination, national development, democracy, state, law.

 

 

 

 

  

Pozdnyakova Yelena

Yuryevna

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Federation and Confederation: Similarities and Differences

         Abstract    
  This article touches upon comparison of such forms of state structure as federation and confederation. The article gives definitions of federation and confederation, describes their essence, identifies the features of these notions and their other characteristics. The aim of the article is to study the similarities and differences between federation and confederation. The work concludes that the main criterion for the federation to differ from the confederation is the sovereignty of the state and the right to quit the formation (right of secession). The author also comes to the conclusion that these two criteria lead to many other differences between federation and confederation. Among their similarities is the fact that the armed forces are under general command in both cases. A relative similarity is the existence of limited sovereignty in some federations and the existence of sovereignty among the states that are part of the confederations.
 

 

Key Words:  federation, confederation, form of state structure, sovereignty, subjects of the federation, secession, legislation.

 

        Abstract           

 

 

Tantsereva Irina

Igorevna

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Basic Categories of Administrative and Tort Law and the Antiplagiat System 

This article examines the problems that arose after the creation of the Antiplagiat system in 2005. The Antiplagiat system is a program for checking scientific papers, yearly projects, theses, monographs, and other text documents for borrowing detection. This issues concerns the scientific activity of students, post-graduate students, lecturers etc. The article analyses the main provisions of such sub-sector of administrative law as administrative and tort law. An analysis of the basic concepts and terms of administrative and tort law is carried out. The topic of citation of normative legal acts is also touched. Some positive aspects of plagiarism are analysed. Based on the above provisions, the author comes to the conclusion that it is necessary to create a special federal law. This normative legal act will comprehensively regulate both civil and public legal aspects of the functioning of the Antiplagiat system.   

 

 

Key words:  administrative and tort law, plagiarism, administrative offense, administrative process, administrative responsibility.

 

 

 

 

Shcherbina Viktoriya

Eduardovna

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The Enforcement Issues Related to the Privatisation of Housing Premises

     Abstract        
  This article aims to analyse the provisions of the current legislation of the Russian Federation on the privatisation of housing fund and to consider the conditions of recognition as a family member of the tenant of the premises under the contract of social hiring in court in case of the tenant’s death, as well as the order of inclusion of the disputed premises in the hereditary mass. The paper studies the materials of a specific case on the recognition of certain people as family members of the tenant, the recognition of the right to use the premises in order to realise the right to its privatisation in the future. The author notes the legal problems which arise at privatization and offers a solution to the given problem. According to the author, despite the fact that there are gaps in the legislation on the privatisation of residential premises, the current judicial practice is aimed at protecting the rights of citizens in the privatisation of housing premises.
 

 

Key Words: privatisation, family members of the tenant of the premises under the contract of social hiring, hereditary weight.

   

 

 

 

      

 

 

 

 

 

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