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Averyanov Sergey Yevgenyevich Read the Article: |
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| The article considers the types of punishments applicable to minors for committing crimes, in accordance with the norms of the criminal legislation of the Russian Federation. Among the means used by the state against juvenile delinquency, criminal punishment occupies an important place. Taking into account the peculiarities of the personality of minors, the legislator has created a punishment system for them. Punishment without isolation from society includes: deprivation of the right to engage in certain activities, fine, correctional work, restriction of freedom, compulsory work. The author comes to the conclusion that the existing system of punishments applied to minors has a number of flaws and needs to be improved. Restriction of freedom should be extended and it is necessary to establish that the penalty can be applied only in relation to juvenile offenders working under an employment contract or engaged in entrepreneurial activities. | |||||||||||||||
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Key Words: types of punishments, criminal liability of minors |
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| Abstract |
Balabuyuk Konstantin Vladimirovich |
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| The article examines the prerequisites for criminal bankruptcies and analyses the measures taken in the framework of criminal bankruptcy investigation techniques. The author studies the articles of the Criminal Code of the Russian Federation which provide for responsibility for the commission of such crimes. The author comes to the conclusion that the main role in detecting the facts of a deliberate or fictitious bankruptcy belongs to forensic examinations, audits, and checks. Despite the high level of legislative regulation of the assignment of forensic examinations and the use of their results in the process of evidence, the right to assign documentary and verifying actions should not be ignored, which can narrow the list of evidence. At the same time, one should fully use both the right to assign documentary and verifiable actions, and the right to appoint examinations, in view of the fact that each of them acts as an independent means of proof. |
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Key words: investigation technique; criminal bankruptcy; investigation of crimes |
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Vanyan Dzhulyetta Arkadiyevna |
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| In the process of development of civil legislation, legal norms governing relations connected with the exercise and protection of preferential civil rights are of great importance. The activity in this direction allows to note an increase in the range of preferential civil rights. In this article, the author discusses the features of the preemptive right to purchase a share or part of a share of a limited liability company. It is noted that the preemptive right allows the participants to adhere to the agreed economic policy, acting as a guarantee of compliance with their corporate rights and obligations, as reflected in the charter and the corporate agreement of the company. The author comes to the conclusion that the preemptive right to purchase a share or part of a share of a limited liability company allows maintaining the balance of internal corporate interests of the company’s participants, preventing a corporate conflict and inclusion of the third parties in the company’s membership. The preemptive right to purchase a share or part of a share contributes to the realisation of the interests of a limited liability company which consist not only in making a profit, but also in increasing the value of a share, increasing investment attractiveness, adding competitive advantages in the domestic and foreign markets | |||||||||||
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Key words: preemptive right, share, limited liability company, corporate dispute, corporate agreement, agreement on the exercise of the rights of participants of a limited liability company |
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| Abstract |
Volnenko Andrey Nikolayevich Read the Article: Features of Legal |
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| Today, the issue of legal regulation of the construction and modernization of energy facilities is of interest in theory and law enforcement practice. The current town planning legislation provides for additional requirements for legal entities and individual entrepreneurs engaged in economic activities in the construction of hazardous production facilities, and also contains a wide range of powers of state bodies. First of all, this is due to the need to ensure construction, industrial and energy security, as well as the specifics of the energy activity of the construction site. The author comes to the conclusion that it is necessary to unify legal norms in the field of construction and modernisation of hazardous production facilities through the adoption of a unified federal law reflecting special regulations governing the procedure for concluding and executing contracts for the construction and modernisation of hazardous production facilities in the energy sector. |
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Key words: construction, modernisation, energy facilities, energy. |
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Zaytsev Vyacheslav Vladimirovich Read the Article: On the Issue of the Legal Nature of the Unauthorised Construction |
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| The economic development of society is always accompanied by the emergence of various social phenomena which need legal regulation. There is a need to give status, subject composition, and content of the right relationship. Among these phenomena, a special place is occupied by the action of an anti-legal nature which the unauthorised construction belongs to. The paper discusses two approaches to the definition of the legal nature of the unauthorised construction. The author comes to the conclusion that the legal nature of the unauthorised construction has the dual essence of the emerging legal relations. The unauthorised construction can be considered as a basis for the emergence of property rights, and legal violations. If we consider the unauthorised construction from the position of the foundation of the law, it becomes the object of civil rights after the recognition of the right of ownership, or not, if it was decided to demolish it. In the case of considering the unauthorised construction as a legal violation, unauthorised actions by the person carrying out unauthorised construction are subject to legal assessment. | |||||||||||
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Key Words: unauthorised construction, real estate, real estate, construction permit. |
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| Abstract |
Zaytsev Vyacheslav Vladimirovich Definition of Unauthorised Actions in Relation to the Unauthorised Creation and Changing of Real Estate Objects |
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| The emerging practice in the field of construction indicates a large amount of circumvention of the law, expressed in the absence of permits for construction and of allotment of a plot of land. As a result of such actions, a construction object falls under the signs of unauthorised construction. In this article, the author discusses unauthorised actions applicable to unauthorised creation and changing of real estate objects. It is noted that the exercise of a subjective right to carry out construction implies the obligatory availability of a plot of land provided for construction, on which construction activities are allowed to create a real estate object, obtaining the necessary documentation authorising construction, and compliance with the building rules and regulations. The absence of one of these components may lead to unauthorised construction. The author comes to the conclusion that the legal significance of establishing whether the actions are unauthorised is that, if they exist, it is impossible to exercise the subjective right to legal construction. |
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Key words: unauthorised construction, construction, construction, real estate, building permit, land. |
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Ivanenko Igor Nikolayevich, Kolomoyets Dmitriy Andreyevich Application of the Blockchain Technology in Order to Optimise the Work of the Courts of the Russian Federation |
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| The article analyses the modern approaches to the accounting of cases considered by courts of the Russian Federation. Overloading with cases and large amounts of information confirm the need to introduce modern technologies into the processing, analysis, and use of data. The authors propose the implementation of blockchain technology in a system of records that will allow of using information quickly and by significantly larger number of people. As a confirmation of the positive experience of implementing this technology into the accounting system, the authors note the experience of foreign countries, such as Ukraine, Sweden, Estonia, Japan etc. The authors suggest the ways to introduce the blockchain technology into the existing system of information processing and storage, and pay attention to the related issues that require a solution for the most effective development of the blockchain technology. | |||||||||||
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Key words: blockchain, records, local blockchain, improved operation of the courts of the Russian Federation. |
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| Abstract |
Ivanova Sofiya Mikhaylovna, Pasentsyan Tamara Georgiyevna, Tyapchenko Anzhelika Sergeyevna Read the Article: On the Issue of Measures Aimed at Prevention of the Bankruptcy of Credit Institutions |
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| The article highlights the problematic issues on the application of measures to prevent bankruptcy of credit institutions, the legal regulation of bankruptcy of credit organisations, as well as the gaps in the regulatory framework for the application of measures to prevent the bankruptcy of credit organisations. In accordance with the current Russian legislation, credit organisations have a special status, unlike the other commercial organisations. The peculiarity of credit institutions is that they partially restrict their special legal capacity which is the implementation of activities only within the framework provided for by a licence issued by the Bank of Russia. The authors note that in order to increase the effectiveness of measures to prevent the bankruptcy of credit institutions, it is necessary to study the existing measures to prevent bankruptcy in other countries more thoroughly. The legislator should apply an comprehensive approach to the development of norms and introduction of changes, covering the prospects for the application of introduced innovations and changes |
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Key words:bankruptcy, credit organisations, Bank of Russia, law. |
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Kabysheva Elina Yuryevna Legal Analysis of the Fundamental Law of Hungary |
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| One peculiarity of the Fundamental Law of Hungary lies in consolidation, along with European democratic standards and principles, of national values and development goals. Since the coming of the Fundamental Law of Hungary into effect, five packages of amendments have been included in its text, which allows us to conclude that the constitutional process is incomplete. The author notes that the Fundamental Law of Hungary is a new experience in the constitutional law of European countries, as well as a kind of attempt to synthesise conservatism and democracy. In the author’s opinion, the Fundamental Law contains several positive prerequisites. Thus, the Fundamental Law rejects the “atheistic notion of society,” which has not been recognised since the denial of the communist regime by the people of Hungary. The adoption of the Fundamental Law served as the basis for eliminating the imbalance of state power | |||||||||||
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Key words: constitutionalism, fundamental law, Fundamental Law of Hungary, constitution, Hungary, constitutional law, сonstitutional law of foreign countries. |
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Kabysheva Elina Yuryevna Read the Article: Legal Analysis of the Main Features of the Constitution of Great Britain |
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| In this article, the author examines some features of the Constitution of Great Britain. The Constitution of Great Britain is an uncodified constitution which consists of laws, precedents, and constitutional customs of Great Britain that determine the order of formation and authority of state bodies, the principles of mutual relations of state bodies among themselves, as well as state bodies and citizens. The author notes that the Constitution of Great Britain can be characterised as a combined one, the process of its transformation cannot be considered fully completed even nowadays, especially against the background of the processes of globalisation. Over the past half-century, the legal norms and methods of the Anglo-American and Continental systems of law have significantly converged. This is reflected, in particular, in the fact that English law is increasingly becoming closer to that of the other European countries. |
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Key words: constitution, constitutional law, European Union, statutes, common law, doctrinal works, constitutional agreements. |
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Kurkin Kirill Andreyevich, Pasentsyan Tamara Georgiyevna Features of Administra-tive and Legal Status of Civil Servants |
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| The article analyses the rights and obligations of public civil servants whose legal status is determined by these rights and obligation. In the Russian Federation, there is no single normative act regulating the complex of rights and obligations of a public servant. The identification of the main features of the legal and administrative status of a public civil servant makes it possible to unify and systematise numerous legal provisions in various legal sources in the context of normative consolidation. The authors conclude that the administrative status of a public civil servant includes special legal personality and the presence of special rights and obligations. These duties and rights form the general legal basis supplemented by official powers of an official which reflect the peculiarities of their provisions | |||||||||||
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Key words: state civil service, civil servant, rights and obligations of a civil servant. |
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| Abstract |
Matvienko Natalya Andreyevna Read the Article: Peculiarities of Inheritance Under a Will in International Private Law |
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| In this article, the author discusses the features of inheritance by will in international private law. The article notes that, despite the processes of unifying the regulations of the CIS countries, there are discrepancies in law enforcement practice between the rules governing the inheritance with the participation of a foreign element. According to the author, consolidation of the institution of a joint will for spouses in the Russian civil law will have a positive practical significance. Civil law should reflect which spouse will get a certain part of the joint property. Inheritance by will in international private law itself must be considered as an independent legal institution with its inherent theoretical definitions, categories, and provisions |
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Key words: international private law, inheritance, inheritance, inheritance. |
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Matvienko Natalya Andreyevna |
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| Inheritance affects the interests of each person and ensures the continuity of the existence and development of private property. The Russian civil law gives the primary role to inheritance by will, as opposed to legitimate inheritance. An increasing number of citizens use the right granted by law to leave a will not only to decide the fate of their property, but also to save relatives from family disputes that may arise after the death of the testator. By means of a will, the law allows a citizen. at their own discretion, to determine the fate of his property, to deprive the inheritance of one, several or all heirs by law, to determine the shares of heirs in the inheritance, to include another orders in the content of the will. According to the author, the powers of the notary public should be expanded in assessing the testator’s legal capacity: the notary should be given the right to request information containing medical confidentiality from medical institutions, as well as to require the use of video recording when performing notarial actions. | |||||||||||
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Key Words:inheritance by will, will, notary public, capacity |
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| Abstract |
Matevosyan Lilit Armenovna, Ghazaryan Eduard Sergeyevich Read the Article: |
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| Sustainable and competitive development of agriculture is directly dependent on its timely and high-quality provision of modern material and technical resources, including tractors, combines, agricultural machines and implements. In this regard, the process of reproduction of the material and technical base in agriculture must proceed continuously and continuously. An effective tool for solving the problem of a dynamic renovation of the material and technical base could be leasing as a specific form of financing the reproduction process in agriculture, especially using state support measures. The purpose of the study is to develop theoretical and methodological foundations and practical proposals for the use of leasing in order to finance reproduction processes in agriculture |
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Key words: leasing, financial lease, loan, loan agreement, agriculture, agricultural producer. |
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Nefagina Yekaterina Vyacheslavovna Read the Article: Vindication Suit as a Way to Protect the Ownership of Real Estate |
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| Among the main civil and legal methods of protecting the property right, a special place is occupied by vindication, since it ensures the inviolability of all the forms of property against unlawful seizure. According to the author, ownership of real estate should not be limited only to securing the property to the owner, since the actual possession of the owner must also exist. The author notes that when a court makes a decision recognising the ownership right of a specific person, the resolution should contain a statement of this fact. When resolving a vindication claim, the court must satisfy the plaintiff’s claims for reclamation of the thing in favour of the owner. A vindication claim is an authorised right of the owner of real estate to demand the return of an immovable object belonging to him, which he had actually lost earlier as a result of illegal actions of a person possessing a disputed real estate against the will and desire of the owner. | |||||||||||
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Key Words: vindication, vindication claim, real estate, dispute |
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| Abstract |
Nefagina Yekaterina Vyacheslavovna |
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| The article discusses the possibility of introducing the institution of warranties and representations in the design of the contract of sale of real estate. Legal confirmation of this institution in the civil law made it possible to create a new legal mechanism aimed at protection of the rights of the parties to the transaction, guaranteeing their rights in the event of circumstances not reflected in the contract. The author concludes that the use of the provision of representations should be used not only when concluding the main contract for sale of real estate, but also when concluding a preliminary contract of sale as a way of ensuring the fulfillment of the obligation to buy and sell real estate. Such actions will ensure the interests of both parties to the transaction and eliminate the possibility of fraud. The introduction of this element into the contractual structures of the preliminary and main sales contract requires the definition of criteria for the proper legal qualification of the parties relations in order to apply the indemnification measure for unfair acts when negotiating the conclusion of a contract |
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Key words: warranties and representations, transaction, contract, contract of sale, real estate, preliminary contract of sale. |
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Paraskevov Fedor Georgiyevich Read the Article: |
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| The article discusses forensic methods of handwriting analysis and presents the analysis of certain types of forensic handwriting expertise in order to determine the most effective and applicable. The ability to identify the author of a handwritten text is based on the individuality and consistency of the writing, speech, and graphics skills of each author. The individuality of writing is manifested in the degree of literacy, the nature of constant grammatical errors, vocabulary features, ways of presenting thoughts, and characterisation of writing characters. According to the author, it is necessary to improve the methodology of comparative analysis of the texts written with modified handwriting and the methodology of handwriting expertise through the use of computer technologies, development of handwriting recognition techniques and appropriate software. All this will reduce the risk of bringing innocent people to justice and increase the number of the solved criminal cases | |||||||||||
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Key Words: forensic methodology, handwriting analysis, forensic handwriting expertise. |
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| Abstract |
Torzhinskiy Roman Albertovich Features of the Protection of the Reputation of Business Entities on the Internet |
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| Under the modern conditions of the information society, the business reputation of organisations and individual entrepreneurs is becoming an important component for attracting potential counterparties and consumers by creating a positive view of the business entity on the market by posting information on the Internet. It is noted that the distributor of information on the Internet can act anonymously and cannot be identified. This limits the opportunity to disprove defamatory information by a person against whom such information was published. Reporting a court decision on the recognition of untrue information to a certain circle of persons is imposed on the subject whose rights have been violated. The author comes to the conclusion that, in order to restore the violated rights, a business entity can use general and special ways to protect his business reputation: publishing a response, deleting information from the Internet, refuting widespread discrediting information, indemnifying losses. |
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Key words: business reputation, Internet, electronic commerce, defamatory information. |
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Torzhinskiy Roman Albertovich Features of the Protection of the Reputation of Business Entities on the Internet |
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| Under the modern conditions of the information society, the business reputation of organisations and individual entrepreneurs is becoming an important component for attracting potential counterparties and consumers by creating a positive view of the business entity on the market by posting information on the Internet. It is noted that the distributor of information on the Internet can act anonymously and cannot be identified. This limits the opportunity to disprove defamatory information by a person against whom such information was published. Reporting a court decision on the recognition of untrue information to a certain circle of persons is imposed on the subject whose rights have been violated. The author comes to the conclusion that, in order to restore the violated rights, a business entity can use general and special ways to protect his business reputation: publishing a response, deleting information from the Internet, refuting widespread discrediting information, indemnifying losses | |||||||||||
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Key words: business reputation, Internet, electronic commerce, defamatory information. |
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Cherednichenko Anna Sergeyevna Features of the Civil and Legal Regulation of Prices in the Field of Housing and Communal Services |
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| Legal regulation of public relations connected with determining prices in the sphere of housing and communal services affects the interests of most citizens of the Russian Federation. The issues of pricing in housing and communal services predetermine the prospects for the development of domestic sectors of the economy and bear a social burden, since they affect the social level of the population. The role of state regulation of tariffs for housing and communal services should remain high with the predominant use of indirect measures of influence. The author notes that a large number of regulatory legal acts containing similar approaches to the legal regulation of tariffs testify to the need for a separate federal law on tariff regulation. The content of this law should reflect the general principles for tariff regulation, the procedure for developing tariffs, and the scope of this law |
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Key words: housing and communal services, tariff, price policy |
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Shtymova Asiyet Adamovna Some Issue of the Formation of the Lex Mercatoria Base Position and of Its Use in Foreign Economic Activity |
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| Nowadays, the national legislations are inable to fully regulate the entire range of public relations that arise in the process of implementing international commercial transactions. Despite the active use of the lex mercatoria in the trade and economic sphere and its long existence, there was no unambiguous understanding of this concept. The author comes to the conclusion that, in the absence of an independent definition of the concept of lex mercarotia in the Russian doctrine, this concept should be considered as a set of rules of conduct developed by the participants (traders) of international commercial turnover in the implementation of foreign trade activities commercial arbitration. Bringing the right of international trade beyond the specific national legal system and its inclusion in the composition of extra-legal prescriptions reflects the diversity of interpretation of the content of the lex mercatoria. | |||||||||||
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Key words: international commercial turnover, lex mercatoria, unification, private law, foreign economic activity.. |
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