No. 26, April 2019

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No. 26, April 2019

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№ 26, апрель 2019

Table of Contests

Adabash Artur

Artemovich,

Romanenko Yegor

Vladimirovich

Read the Article:

On the Issue of the Status of the Prosecutor in Arbitration
Proceedings

Abstract

The goals of the participation of the prosecutor in legal proceedings are determined by Paragraph 2 of Art. 1 of the Federal Law of January 17, 1992 No. 2202-1 On the Prosecutor’s Office of the Russian Federation: the prosecutor is interested in ensuring the supremacy of law, unity and strengthening the rule of law, protecting human and civil rights and freedoms, and the interests of society and the state. In civil proceedings, prosecutors can protect the rights, freedoms and legitimate interests of citizens by filing administrative claims to an unlimited number of people or the Russian Federation and the municipality governed by federal law. The procedural position of the prosecutor, as well as the form of his participation in the administrative proceedings, has an external embodiment, a strict adherence to the decisions and actions of the prescriptions of the legislation, a precise definition of the range of rights and duties of prosecutors. In this regard, the theoretical improvement of the participation of the prosecutor in the consideration of cases by the courts is possible through the development of the procedural position of the prosecutor in the administrative judicial system and legal proceedings

Key Words: law, preliminary investigation, prosecutor, trial, status.

	Abstract	Artyukhin Aleksey Sergeyevich Read the Article: Some Aspects of the Legal Regulation of the Contract for the Supply of Goods for State and Municipal Needs
The institution of state procurement contributes to ensuring the economic, political, and social interests of public legal entities by supplying them with the necessary goods or providing services. As a result, the contract for the supply of goods for state and municipal needs should have effective civil law regulation. The creation of a special legal regime for the supply of goods for state and municipal needs and the formation of this legal relationship as a separate obligation was caused by providing state and municipal needs for certain goods regardless of the form of ownership, which are referred to as state (municipal) needs. Accordingly, there is a question about the relationship between private and public interest as a subject of a legal relationship. It is noted that the termination and amendment of the contract through the concerted will of the parties is the realization of the dispositive principle of regulating civil legal relations. At the same time, the termination and amendment of the contract through the concerted will of the parties is the realization of the dispositive principle of regulating civil legal relations.
Key words: supply, supply contract, state and municipal needs, commitment.

Astrakhankin

Aleksandr

Andreyevich,

Bondarenko Anatoliy

Vitalyevich,

Khmelkov Nikita

Vladimirovich

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Relationship Between the Guarantor and the Debtor in Case the Grounds for Granting the Guarantee Cease

Abstract

The guarantee involves entry of an additional debtor into the obligation—the guarantor, who undertakes to answer for the improper fulfilment of obligations by the debtor to the creditor. As well as other ways of securing the fulfilment of obligations, this legal relationship creates an additional obligation between the creditor and the guarantor, for the fulfilment of which a guarantee is given. This article discusses the types of legal relations between the debtor and the guarantor (contractual, personal, affiliation) as well as the degree of their influence on the validity of the main obligation. The authors analyse the judicial practice related to the termination and change of the guarantee in case the grounds for its granting cease (termination of the affiliation between the guarantor and the debtor, invalidation of the counter agreement provided to the guarantor until the issuance of the guarantee etc.).

Key words: surety, affiliation, debtor and surety, change of guarantee.

	Abstract	Bakakuri Vladislav Igorevich, Maliyev Ruslan Taymurazovich, Achmiz Asiyet Yusufovna Read the Article: On Some Issues of Intellectual Rights Protection
The article considers the main problems related to the legal regulation of the protection of intellectual property rights, as well as an analysis of Russian legislation and the prospects for its development. In the Russian legal literature, the issues of the legal regime of intellectual rights, as well as of the entire institute of intellectual property, are usually evaluated as new. In modern Russia, the development of these issues have begun not so long ago: in fact, the issue of legal regulation arose after the collapse of the Soviet Union. An important event was the adoption of Part IV of the Civil Code of the Russian Federation, where the concept of intellectual rights, which was actively applied in the legal literature, was finally legalized. Analyzing the structure of the Civil Code of the Russian Federation, it should be noted that the legislator has differentiated intellectual rights and property rights. This is evidenced by the adoption of Part IV of the Civil Code of the Russian Federation, which consolidates the rights to the results of intellectual activity and the means of individualizationjudges
Key words: : intellectual law, protection of rights, methods of protection, author, intellectual property.

Bakin Sergey

Eduardovich,

Naydenova Mariya

Nikolayevna

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On the Application of the Rule of Article 37 of the Criminal Code of the Russian Federation
(Justifiable Defence)

Abstract

This article touches upon the concept of justifiable defense, the boundaries of its application and judicial practice related to this article of the Criminal Code of the Russian Federation. The concept of justifiable defense is not new, and it means the protection of the individual and the rights of the defender or another person, as well as the interests of the society or the state. It should be noted that justifiable defense will be considered lawful, and the harm caused in this state is not punishable only under certain conditions, for example, proportionality of harm, the presence of a real encroachment at a real point in time etc. Based on the combination of all conditions that must be taken into account when recognizing the harm as lawful, a heterogeneous judicial practice is taking shape with a predominance of convictions at this rate, i. e. exceeding the limits of justifiable defense.

Key Words: Criminal Code of Russia, justifiable defense, exceeding the limits of justifiable defense, protection of rights and legitimate interests, legitimate harm, physical impact, court decision

	Abstract	Bardak Alina Vladimirovna, Falina Nataliya Vladimirovna Read the Article: Conditions, Dynamics, and Prospects for Attracting Foreign Direct Investment in the Economy of Krasnodar Krai
The purpose of this work is to study the conditions, dynamics, and prospects for attracting foreign direct investment in the economy of Krasnodar Krai. The authors analyse the position of the region in the ratings of investment attractiveness and identify the key countries engaged in investment activities in Krasnodar Krai. The article provides the analysis of the volume of foreign direct investment in the development of the region’s economy over the years. The authors examine the main tasks and the directions of their implementation, which will increase investment activity in the territory of the region, and, consequently, increase the inflow of foreign direct investment. The article also presents an assessment of the effectiveness of the implementation of the tasks. In addition, it was found that increasing the flow of foreign direct investment leads to an increase in commercial, budget, social, and overall efficiency.
Key words: investment security, foreign direct investment, efficiency

Blokhovtsova Galina

Gennadyevna,

Sviridov Oleg

Olegovich

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The Role of Corporate Ethics in the Functioning of Organizations

Abstract

The article discusses the concept of corporate ethics, and its role in the functioning of the organization. The authors consider the levels of corporate culture development and their correlation with the effectiveness of the organization, as well as the advantages and disadvantages of the institution of corporate ethics. The authors determine the basic elements of corporate ethics consider the levels of its implementation and the impact on personnel. The characteristic of the influence of corporate ethics on the image of the organization its role in the development of partnerships with third-party economic agents is given. The authors conclude that corporate culture is one of the most important functional elements of the effectiveness of any business. Depending on the degree of implementation and development, it can both inhibit the activity of the organization, and multiply its effectiveness.

Key words: corporate ethics, organization, personnel, social and labor relations.

	Abstract	Bostandzhiyev Konstantin Giviyevich, Medvedev Sergey Sergeyevich Read the Article: State of Intoxication as a Concomitant Sign of a Violent Crime
This article addresses the problem of the state of intoxication as a concomitant sign of a violent crime and provides the statistics of crimes committed in such a state. Currently, there is a high level of violent crime motivated by the abuse of alcohol, drugs etc. in the Russian Federation. Intoxication has become a relatively independent and very significant factor in the aggravation of the criminal situation in the country and in the increase in the number of violent acts. Today, every third crime is committed while intoxicated (every fourth among teenagers). More than 90% of those who deliberately caused serious bodily harm, negligently caused the death of the victim, committed crimes while intoxicated. For Russia, the problem of preventing “drunken” crimes is complex and largely neglected. Its peculiarity is the interweaving of unresolved social, legal, medical, psychological, pedagogical, economic, and other issues.
Key words: iintoxication, crime, alcohol, drugs and psychotropic drugs, causes of illegal acts.

Burakov Igor

Vitalyevich,

Svetacheva Yekaterina

Yevgenyevna

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On the Role of the State in the Develop-ment of Small and Medium Businesses in Russia

Abstract

This article discusses the role of the state in the development of small and medium businesses. The authors consider the main methods and forms of state support of small and medium businesses, define the main positive and negative sides of the state support of small and medium businesses. The paper investigates and analyses the various conditions provided by the state for the development of small and medium businesses, highlights the problems arising in the implementation of public policy in relation to small and medium businesses. The authors prove the necessity of further improvement of the legislation in this field and the need to improve the conditions of economic support, as well as the elimination of administrative barriers. The authors propose measures to improve the quality of implementation of the state policy in the field of entrepreneurship

Key words: market economy, small business, state regulation of the economy, state support, role of government..

	Abstract	Bukhtiyarov Alexey Andreyevich Read the Article: Biomass Gasification for Energy Production
Due to increased energy demand and depletion of conventional and fossil fuels, the search has been initiated for alternative reliable and affordable fuels, so the demand for renewable sources has increased. Biomass is a renewable and efficient source and is very useful to overcome the current situation of the energy crisis. This promising fuel for the future is efficient enough to be used on a small and medium industrial scale. The main motivation of this study is to analyse the economic feasibility of a biomass gasifier for power generation. Biomass gasification is the most efficient and promising method for the production of electricity, because this process provides a sustainable and affordable alternative fuels to installations based on fossil fuels at low and medium levels. The author concludes that the technology of biomass gasification is the most appropriate technology if it is implemented in rural areas with an average population of 200 homes and in small industries
Key words: biomass gasification, rice husk, wood, diesel, gas

Gorbenko Talina

Alekseyevna,

Sokolova Alla

Pavlovna

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Digitization of the Economy as an Innovative Approach to the Implementation of the Internal State Financial Control

Absract

Today, the digitalization of the economy is becoming not only a way to achieve a higher level of organization of production processes, but also the main driver of economic growth, allowing companies to penetrate new economic spaces and form new approaches to achieving financial sustainability. The global information space of society is being replaced by a global digital space that radically changes the approaches to the organization of activities of all economic institutions, including the organization of state financial control. There are significant changes in the structure of not only the Russian, but also the world economy. New sectors are emerging, innovative approaches to the formation of competitive advantage, requiring research and development as an essential element of a company’s business, are becoming increasingly important. Under these conditions, it is necessary to form the infrastructure of the digital economy, including, in particular, the system of state support and regulation of this activity. A major contribution to the creation of a digital economy system was made by the state program for its development, aimed at creating a single digital space for both economic entities and citizens. Studies have shown that the most active use of software products is observed in the public sector. This is primarily due to the huge flow of information and, accordingly, document flow, which must be carried out at all stages of government. The process of state control associated with the need for interaction between various government agencies, under the conditions of digitalization of the economy, reaches a new level, which allows us to receive, process, and analyse significant flows of information in the shortest possible time

Key words: innovations, digitalization, state financial control, financial technologies

	Abstract	Grinshteyn Konstantin Aleksandrovich, Pegushina Kseniya Konstantinovna, Pinchuk Svetlana Anatolyevna Read the Article: Administrative Prejudice as a Means of Crime Prevention
This article explores the concept of prejudice, the relationship and interdependence of this institution in the administrative and criminal sphere. The authors define the concept of criminal prejudice and the elements of crimes stipulated by the Criminal Code of the Russian Federation and the elements of offenсes stipulated by the Code of Administrative Offences of the Russian Federation. Prejudice is an institution of jurisprudence, which includes rules that intersect in view of the fact that offences in a particular area are included both in the Code of the Russian Federation on Administrative Offences and in the Criminal Code of the Russian Federation. The difference lies in the fact that the Code of the Russian Federation on Administrative Offences includes less serious crimes, i. e. offences, while the Criminal Code contains different categories of crimes. The institution of administrative prejudice is not fully effective and requires some improvements. Having solved the gaps existing in the practice of implementation and regulatory consolidation, this form of bringing persons to responsibility will be able to fully carry out its activities, benefiting society and the state
Key words: prejudice, administrative prejudice, criminal prejudice, responsibility

Dontsova Anna

Yevgenyevna

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Development of Rus-sian Local Government During the Reign of Peter the Great

Abstract

At the beginning of Peter the Great’s reign, the Russian state lagged behind in development as compared to the countries of Western Europe. This backwardness inhibited foreign policy and even threatened the national independence of Russia. Thus, the aim of Peter the Great was to overtake the developed countries of Western Europe as soon as possible to develop the national economy and to ensure victory in the wars for access to the seas. Breaking the resistance of the boyars and members of the ancient landed aristocracy, and severely punishing all the other opponents of his projects, Peter the Great initiated a series of reforms that affected all areas of national life—administration, industry, trade, and culture— in the course of 25 years. Historically, the development of local self-government in Russia demonstrates the evolution of self-government of citizens, struggle of the people for their rights, and solution of local issues. This article discusses the sphere of public life during the reign of Peter the Great, the history of his reforms in the organization of local governments, as well as their background and content

Key Words: local self-government, urban reform, centralization, territorial differentiation

	Abstract	Zhane Amal Igorevich Read the Article: On the Issue of Defining the Legal Status of the Bank of Russia as a State Organ Carrying Out Financial Activities
The article examines the legal status of the Central Bank of the Russian Federation (Bank of Russia). The author carries out the analysis of the formation, goals, rights, and obligations of the Central Bank of the Russian Federation to determine the status of the Central Bank of the Russian Federation: either it is a state body endowed with the capabilities of a credit institution, or a bank (credit institution) endowed with state authority. The author forms its own position on the legal status of the Central Bank of the Russian Federation, identifies the main problems of its legal status and proposes ways to resolve them by amending the legislation of the Russian Federation. The author notes that it is necessary to amend the Federal Law On the Central Bank of the Russian Federation in terms of imposing on the state the obligation to answer for the obligations of the Bank of Russia and the duty of the Bank of Russia to answer for the obligations of Russia. .
Key words: subject of law, legal personality, body of state, body of state power public authority, governmental authorities, The Central Bank of the Russian Federation, bank, legal person.

Zabolotnov Aleksandr

Alekseyevich

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Violation of Traffic Rules and Rules for Operation of Transport Vehicles as a Type of Crime

Abstract

This article analyses Art. 264 of the Criminal Code of the Russian Federation Violation of Traffic Rules and Rules for Operation of Transport Vehicles. The author examines the disposition and sanction of this article, analyzes the corpus delicti, highlights a number of characteristic points of this crime. The subject of the crime and its main features deserve special attention. It is proposed to increase penalties for driving while intoxicated or under the influence of psychotropic substances. The author concludes that liability for violation of the rules of the road and the operation of vehicles in the Criminal Code of the Russian Federation is a justified measure. Its role is primarily deterrent, it does not allow the person driving the car to neglect the rules of the road and violate them, because the result is often the death of a person

Key Words: road regulations, mechanical vehicles, state of intoxication, transport safety.

	Abstract	Zamureyev Anatoliy Sergeyevich Read the Article: On the Issue of Legal Regulation of the Concession Agreement
Considering the wide practice of concluding concession agreements on the territory of the Russian Federation, practically in every constituent entity of the country, more than one concession agreement has already been concluded or is in the process of execution, and, as a rule, a package of such agreements has been concluded. In this regard, it can be argued that the parties to such agreements were able to assess the quality of legal equipment of these agreements and to understand the importance of eliminating situations in which the change in the external environment (a change in the regulatory legal framework, the lack of the required land plot to house the object of the concession agreement, financial resources), as well as subjective factors (change in the management of the public partner or personnel changes in the management structure of partner) could affect the execution by the parties of the concession agreement throughout its term. One of the issues that should be paid the most attention is in the financial component of the concession agreement, namely, the problem of economic risk as a qualifying feature of the concession agreement as such, as well as its relationship with the economic equilibrium of the specified type of administrative contracts.
Key words: concession agreement, regulation, concessionaire, grantor, risks, obligations

Kolesnikov Kirill

Vyacheslavovich,

Oblitsov Vladislav

Albertovich,

Yurastov Fedor

Viktorovich

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System of State and Municipal Government: History and Modern Times

Abstract

This article deals with the issue of the value of the shortened form of inquiry and its terms, compare the terms of inquiry in a shortened form and the terms provided for by administrative and tort proceedings. The authors propose to make changes to the current legislation in the field of the organization of inquiry in a shortened, namely, to supplement it by introducing norms into the Criminal Procedure Code of the Russian Federation. In the course of the work, the authors find similarities between the Code of Administrative Procedure of the Russian Federation and the Code of Criminal Procedure of the Russian Federation. The article also discusses the forms of preliminary investigation of crimes and various ways of differentiating them. Simplification of the inquiry generates various types of central, i. e. accelerated and simplified production. The authors propose ways to solve the problem of differentiation of inquiry.

Key Words: administrative proceedings, criminal procedure, administrative and tort legal relations, inquiry in a shortened form.

	Abstract	Krivich Anastasiya Sergeyevna, Nikitin Yegor Aleksandrovich, Perikhanyan David Maisovich Read the Article: Basic Terminology of Criminalistics and Anti Plagiarism Software
The use of plagiarism detection systems today is a mandatory requirement for scientific publications both in Russia and in other countries. However, borrowing may not be associated with an illegal intention, but may be necessary (for example, references to other authors when writing one’s own work or using information when writing a thesis). Another important problem of purely technical verification of a paper is that anti-plagiarism systems consider important legal terms as a borrowing, but they can’t be replaced by synonyms. The plagiarism detection systems require serious joint improvement by IT specialists and legal scholars in order to limit the list of terminology that will not be counted as plagiarism
Key words: anti-plagiarism, terminology, requirements, criminal intent, copyright.

Krupina Viktoriya

Romanovna

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System of State and Municipal Government: History and Modern Times

Abstract

Today, Russia is faced with a number of political, economic, social and cultural problems caused, among other things, by the imperfection of the system of state and municipal government. To overcome these problems, there is a need to improve the state and municipal administrative apparatus. At the same time, in order to achieve this goal, it is necessary to understand the essence of the system of state and municipal government and, therefore, refer to the time of formation and development of state and municipal government. This article will consider the features of the management system in various state formations, trends in the development of the state institution, the periodization of local government development in the Russian Federation, as well as the constituent elements of the state form (form of government, form of territorial structure and political regime)

Key words: state, municipal, form of government, control, constitutional state, local government, history, political regime, form of territorial organization.

	Abstract	Lomakina Yekaterina Nikolayevna, Medvedev Sergey Sergeyevich Read the Article: Decriminalization of Actions Related to Drug Trafficking
The article discusses the anti-drug legislation in the Russian Federation at the present stage, and the attempts of the legislator and other authorities to improve this legislation. The authors consider how the anti-drug legislation changed and improved in historical terms, including the stage of the existence of the USSR. The authors analyse what tasks the anti-drug legislation had and has now and by what methods and means they are solved; examine the penalties provided by the anti-drug legislation at various stages in terms of functionality and adaptability, including the notion of crisis of punishment in drug law; consider the direction towards liberalization of criminal penalties in the field of antidrug legislation emerged in the Russian Federation in recent years. The aritcle discusses a number of measures taken in this direction, such as decriminalization and the transfer of a number of articles of the Special Part of the Criminal Code of the Russian Federation to administrative proceedings. It is considered which offenses related to illicit drug trafficking are regulated not only by the current Criminal Code of the Russian Federation, but by the Administrative Offences Code of the Russian Federation, including illicit trafficking, acquisition, storage and transportation of plants containing narcotic drugs or psychotropic substances.
Key words: : anti-drug legislation, decriminalization.

Matirnaya Anastasiya

Nikolayevna,

Matirnaya Anastasiya

Nikolayevna

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Some Criminogenic Aspects of Juvenile Violent Crime

Abstract

Within the scope of the topic, the authors consider the issues of the reasons for the formation, existence, and active development of juvenile crime in the Russian Federation. The authors examine the main criminogenic factors contributing to the prosperity of the violent juvenile delinquency in the Russian Federation and suggest methods and ways to combat this negative phenomenon. It is noted that, in order to prevent the commission of crimes by minors, it is necessary to conduct organized preventive and educational activities, which will help to improve the criminal situation in the state and reduce the level of juvenile crime. In order to implement the fight against juvenile crime, there is a need to develop a warning at the initial stages of negative deviant behavior manifested in the behavior of the minor.

Key Words: criminology, crime rate, criminality in the Russian Federation, minors, juvenile crime, violence, latency, juvenile delinquency

	Abstract	Medvedev Sergey Sergeyevich, Mityayev Dmitriy Mikhaylovich Read the Article: On the Issue of Multiple Offences in the Russian Criminal Law
The article discusses the emergence and development of the notion of recidivism in historical terms, including in the Pskov Judicial Charter, the Sudebniks of 1497 and 1550, the Council Code of 1649, the Code of Law 1832 etc., and responsibility for it. The authors analyse the Soviet legislation for signs of a relapse of a crime, such as homogeneity and identity of a crime, and the classification of recidivism as a type of crime multiplicity in the criminal legislation of the Russian Federation at the present stage. Having analysed statistical data on recidivism in the Russian Federation, the authors come to the conclusion that the level of recidivism tends to increase and there is a need to change the legislative and law-enforcement approach to the institution of relapse.
Key words: recidivism, multiplicity of crimes, criminal law, sentencing, types of recidivism.

Medvedev Sergey

Sergeyevich,

Pankov Nikita

Vitalyevich

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Criminological Aspects of Involving Minors in Terrorist Crimes

Abstract

The involvement of minors in the commission of terrorist crimes is the result of the sum of mistakes, omissions, and shortcomings in the socialization of adolescents: in the family, in preschool and general educational institutions. These are the gaps in the activities of relevant state institutions, public institutions for the support of family institutions, education, and socialization in the formation of a correct civic position among minors. The involvement of minors in the commission of a terrorist crime is promoted by the depoliticization of the educational sphere, which contributed to a change in ideals, idols, a decline in morals, an ideological vacuum, and the development of informal communication with negative consequences. Understanding the current situation, representatives of terrorist groups willingly introduce minors into their zone of influence and monitor their professional criminal growth. In the new system of upbringing and education, all the positive directions of socialization of the younger generation are distorted. The modern system of socialization has become a supplier of typical situations that contribute to the extremist behavior of young people. It can be said that favorable social and pedagogical conditions have been created for maintaining extremist attitudes among minors.

Key words: minor, terrorist act, extremism, criminology, reason, factors..

	Abstract	Medvedev Sergey Sergeyevich, Seferyan Diana Arkadyevna Read the Article: The Issues of Studying the Identity of a Juvenile Offender
The article deals with the issues of juvenile delinquency in criminology, as well as the study of the identity of these types of criminals. When reviewing the personality of a minor offender, the author give pay a special attention to two major factors—age, which various changes in the structure of the personality are associated with, and family where the minor offender is brought up. On the basis of these factors, the authors propose to investigate the circumstances of the formation of a juvenile offender’s personality with the help of multiple efforts of representatives of various scientific trends. At the end of the work, the authors draw conclusions about the development of a juvenile offender’s personality. Juvenile delinquency remains one of the most important and unsolved issues. Knowledge of the personal and psychological traits of a minor offender will allow us to correctly use a set of measures aimed at preventing crime among adolescents.
Key words: age, criminology, juvenile delinquency, crime, family.

Medvedev

Sergey Sergeyevich,

Fotiadis Raisa

Mikhalisovna

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The Family in the System of Crime Preventing Measures

Abstract

This article studies the essence of family criminology as a branch of criminology, as well as various ways how the situation in the family has an influence on the formation of a teenager’s personality as a central constituent element of juvenile crime in the country. In other words, the authors consider how the family and life in a family affect the commission of a crime by a minor. This article also considers the issues that directly relate to the improvement of the system for combating violent crime in the family, which acts as the central criminogenic factor itself. It is also necessary to designate the dependence of the growth in the crime rate in the Russian Federation among various age categories of citizens on the situation in the family.

Key Words: crime, criminology, minors, family, family criminology, juvenile crime, crime prevention.

	Abstract	Pivneva Anna Grigoryevna, Poda Darya Sergeyevna Read the Article: On the Issue of Proper Human Resources Allocation in an Organization
The prevailing management practice points to the low efficiency of the traditional resolution of complex economic and social problems at the enterprise level, manifested in all its subsystems, including human resource management. This is also indicated by the tendency of inefficient use of human resources. The exiting contradictions between the social and economic subsystems of the enterprise require deep understanding and will allow to form management objectives of the enterprise management. The main task of human resources planning is to implement the plans of the organization from the point of view of the human factor of the enterprise—employees: their number, qualifications, productivity, hiring costs. The article discusses the rational distribution of company personnel in a single concept of the organizational and external environment. It is the proper distribution of human resources that will provide for achieving high results in the tasks and goals.
Key words: : human resources, company, organizational environment, economic benefit, personnel, organization

Netishinskaya

Lyubov Fedorovna,

Penkova Alla

Sergeyevna

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On the Issue of the Legal Regulation of the Concept of Agricultural Producer

Abstract

The article analyzes the current legislation in the field of regulation of legal status of agricultural producers. The authors consider the concepts and the main features of agricultural producers found in the legislation of the Russian Federation. For this purpose, the authors analyse chiefly the legislation on development of agriculture, as well as the civil legislation, the tax law, the legislation on agricultural cooperation, on peasant farms, and on financial improvement of agricultural producers. The article raises the issue of legislative regulation of a concept of agricultural producer. There is a nonuniformity in the definition of agricultural producer in regulations. This notion includes various list of subjects, depending on a source where it is consolidated. The authors propose to include a unified definition of agricultural producer in all the regulations, and this definition should meet all the features of the agricultural producer.

Key words: agricultural producer, organization, peasant farm.

	Abstract	Sviridov Oleg Olegovich, Falina Natalya Vladimirovna Read the Article: The Policy of Transnational Corpora-tions in the Field of Ecology and Environ-mental Management in Modern Economic Conditions
This article describes the role of transnational corporations in the implementation of environmentally friendly methods in production. The authors define the key reasons for the introduction of green economy methods, characterize non-economic reasons for the implementation of environmental policy in the activities of organizations, and consider the impact of environmental policies on the image of an organization. The article provides the definition of environmental management and its main tools. The authors highlight the measures necessary for the most effective implementation of environmental management in the structure of an organization and determine the relationship of state regulation in the environmental field and the internal environmental standards of corporations. The authors also give the definition of the role of international legal norms in the system of environmental practices of transnational corporations and the definition of the concept of environmental accounting and its place in the functioning of transnational corporations. Finally, the article touches upon the system of functioning of the ecological account and its basic elements.
Key words: green economy, environmental management, TNCs, environmental management.

Serdyukova Viktoriya

Sergeyevna

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The Problems of Recognition and Enforcement of Foreign Arbitral Awards in the Russian Federation

Abstract

Despite the fact that the scope of international commercial arbitration is the most legally developed and unified at the international level, in some states it is quite difficult for a foreign investor to achieve the implementation of an arbitration award. As a rule, such situations arise because of the need to comply with the additional procedure of recognition and enforcement of a foreign arbitral award by the national court of the state where it should be implemented. Such a procedure is usually provided for the countries that are parties to the UN Convention on the Recognition and Enforcement of Foreign Arbitration Decisions of 1958. The Russian Federation is among the states that have ratified this Convention, and therefore, this article deals with the practical problems associated with the recognition procedure. and enforcement of foreign arbitral awards

Key words: international private law, international investment arbitration, international investment disputes.

	Abstract	Seferyan Diana Arkadyevna Read the Article: On the Issue of Improving Labour Legislation in the Field of Gender Discrimination
The article deals with gender discrimination in the field of work. The author considers the existing normative acts in which the prohibition of discrimination is enshrined as insufficiently effective, and some as declarative. The author considers as one of the reasons for discrimination on the basis of sex in the labour market the absence in the legislation of the legal concept of discrimination, as well as a special normative act on gender equality. The author draws attention to the shortcomings of the legal regulation, in particular, the repetition in the national legislation of international norms without taking into account the specifics of the Russian mentality. The article provides statistical data on unemployment among men and women, which indicate an increase in unemployment among women, confirming the author’s position on the inequality of men and women in labour relations and the existence of discrimination
Key words: discrimination, labour, gender, women, violations, labour market, employment, unemployment, guarantees, gender, prohibition.

Usenko Anatoliy

Sergeyevich

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Some Aspects of the
Criminal and Forensic Charac-teristics of Illegal Participation in Business

Absract

The typical types of corrupt behavior that threaten the stability of the national economy, the state political system and are characterized by public danger and widespread occurrence include the participation of an official in business activities. Having a negative impact on public legal awareness, the participation of an official in business activity undermines the trust of the majority of Russian citizens in government and management. The difficulties arising from the investigating authorities in identifying, preventing, and suppressing this crime, as well as qualifying the unlawful participation of officials in business, are due to the lack of elaboration of the investigation method. The specifics of the circumstances to be proven for illegal participation in business activities are determined by the identity of the offender. So, this crime is committed by an official who has the authority to perform legally significant actions, as well as the ability to create, modify, or terminate legal relations. The conditions of a crime are caused by the low efficiency of control over state (municipal) employees. In this category of crimes, typical investigative actions will be inspection of the scene, search and seizure of documents, interrogation of witnesses, suspects, and defendants

Key words: official, entrepreneurial activity, illegal participation, corruption, corrupt behavior, investigative actions

	Abstract	Palanskiy Anton Vladimirovich Read the Article: Features of Law Enforcement in International Private Law
This article discusses public relations complicated by a foreign element, as one of the features of law enforcement in international private law. The author analyses topical issues of law enforcement in private international law. The article provides the analysis of the national legislation of the Russian Federation in order to find the gaps in conflict control. The author presents solutions to legal contradictions that are caused by duplication and (or) misinterpretation of the norms. According to the author, it is necessary to find compromise solutions, to work out universal tactics of interaction on various levels, and to realize joint programmes aimed at solving the problems that arise from law enforcement in international private law. Only joint efforts at solving these problems may give rise to really ‘flexible’ practice which will allow to solve collision problems connected with law enforcement in private international law
Key words: conflict rules, foreign element, law enforcement, gaps in conflict control.

Khachaturyan Arevik

Arturovna,

Shulga Andrey

Vladimirovich

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On the Issue of the Introduction of the Concept of Criminal Offence to the Current Criminal Legislation of the Russian Federation

Abstract

This article deals with the issue of supplementing the existing criminal legislation with such a legal category as criminal offence, which has already been encountered in Soviet criminal legislation. The authors analyse its effectiveness in the current reality and possible problems in the implementation of this project. The article examines the concept of criminal offence, its essence, the relationship with the crime and administrative offence, as well as the forms and limits of punishment for its commission. It is concluded that the introduction of the institution of criminal offence can be the basis for reviewing the issues related to determining the nature of malicious acts that do not have a socially dangerous character, with a mechanism for establishing the insignificance of an act, with the distinction between crime and other offences.

Key Words: criminal offence, criminal law, categories of offences, misdemeanor, offence, insignificance of an act.

	Abstract	Arkhireyeva Anastasiya Sergeyevna, Moroz Yelena Sergeyevna Read the Article: Development of the State Civil Service in Krasnodar Krai
In this work, the main trends and directions of development of the civil service institute in Krasnodar Krai are examined, in particular, such a direction as training and formation of a personnel reserve of civil servants has been studied in detail. The basic principles of personnel reserve formation are analyzed, innovations and innovative directions are studied. In addition, new trends and approaches to the activities of public servants have been studied, in particular, attention has been paid to such problems as the transfer of the experience of public servants to new personnel in order to form an effective personnel apparatus. The basic incentives for public servants, as well as the basic measures and directions for fighting corruption in the public service, have been studied, in particular, the introduction of methods of encouraging public servants for honest and effective work is being considered. Attention is also paid to the ethical aspects of the activities of civil servants.
Key words: civil service, development, personnel reserve, trends, employee, management system, powers