No. 27, May 2019

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No. 27, May 2019

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№ 27, май 2019

Table of Contests

Ageyev Nikolay

Vladislavovich,

Savchenko Eleonora

Aleksandrovna

Read the Article:

Characteristics of Corruption Crimes in the World. Measures to Combat Corruption

Abstract

In modern Russia, much attention is paid to researches of various ways to combat corruption. The implementation of the international obligations of the Russian Federation in the framework of cooperation in the fight against corruption is actively taking place. It necessitates the study of the most effective anti-corruption measures in other countries for possible implementation in the Russian criminal law. It is obvious that corruption crimes still remain a problem for the state, despite the active struggle and criminal prosecution of even federal officials, it is still far from the victory over bribery. Corruption differs from other crimes in latency and secrecy, it has many options and they are constantly changing, so it is necessary to improve constantly legal measures to combat. It will contribute to the study of achievements of not only the domestic science of criminal law, but also foreign countries.

Key Words: corruption, criminal responsibility, legal persons, authorities.

	Abstract	Ageyev Nikolay Vladislavovich, Topchiyeva Svetlana Konstantinovna Read the Article: Crimes Committed in Relation to Newborns in the Russian Federation
Despite the fact that the current criminal legislation establishes the elements of a crime that criminalizes the killing of a newborn child by the mother, constructive elements of the crime are interpreted differently by the investigators and the court, which makes it impossible to take into account all significant characteristics of the actions of the persons who committed the crime. The authors note that in order to properly resolve the issue of the responsibility of the mother who committed the murder of a newborn child, one should be differentiated in the assessment of mental disorder. For example, regardless of the form of the disease in the postpartum period of schizophrenia, indicates the presence of a chronic mental disorder, which excludes sanity. The authors come to the conclusion that it is necessary to amend the criminal law. It emphasizes the need to supplement Article 106 of the Criminal Code of the Russian Federation with Clause 3, the provisions of which should contain an aggravating circumstance for the murder of two or more newborns by the mother
Key words: murder, newborn child, stressful situation, corpus delicti, qualification.

Andreyko Nikita

Aleksandrovich,

Kotsoyeva Elvira

Yuryevna,

Terekhin Aleksey

Andreyevich

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Legal Regulation of Municipal Property

Abstract

This article is devoted to the consideration of the issue of legal regulation of the institution of municipal property in the Russian Federation. The authors consider features of the regulation of municipal property in different historical periods of the development of Russian society. This article also provides a legal analysis of the status of owners of municipal property, while raising the issue of how to form, manage, and dispose of municipal property. The basic concepts relating to the issue of municipal property are disclosed, as well as an analysis of the legal status of municipal property. In addition, the regulatory legal acts governing the institution of municipal property are considered. In their work, the authors rely on federal legislation and the opinion of authoritative legal scholars who study problem issues related to municipal property. In the end of this paper, the authors draw a conclusion of the legal nature about the problems of regulating the institution of municipal property, as well as the ways to solve these problems.

Key words: municipal property, legal regulation, federal legislation, legal status of municipal property, owner of municipal property.

	Abstract	Asryan Narek Gelbertovich, Grigoryan Silva Sergeyevna Read the Article: Legal Aspects of Transfer of Cases for a New Consideration by the Court of Appeals in Administrative, Civil, Criminal and Arbitration Legal Procedure
Administrative legal proceeding ensures the protection of public-legal interests, as well as the rights and legal interests of specific entities. This dualism requires completely different approaches to basic procedural concepts than those developed by civil procedural law. The task of administrative procedural law is to develop a special content of those terms and concepts that are used by the Code of Administrative Judicial Procedure of the Russian Federation. To understand that it is really necessary, let us turn to the most seemingly ordinary concepts, to the definition of parties. The fact that the Code of Administrative Judicial Procedure of the Russian Federation uses the terms “administrative claimant” and “administrative defendant” not only emphasizes their belonging to administrative, not civil proceedings, but also determines their essential distinctive feature that needs to be studied
Key words: appeal proceeding, administrative process, administrative proceeding, powers, transfer of a case to a new consideration, civil procedure, arbitration process, court resolutions

Achmiz Asiyet

Yusufovna,

Potokova Marina

Eduardovna

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Legal Status of Self Employed in the Russian Federation: Issues of Theory and Practice

Abstract

The article discusses peculiarities of the legal status of a new participant in entrepreneurial relations, namely self-employed citizens. In modern Russia, the research of this issue is relevant due to the next tax reform. Given the uncertainty of their status, it is necessary to consider the relevant legal regulation. The authors consider the various positions of leading scientists in law on a legal status of self-employed citizens and study statistics on persons registered as self-employed. Examples of foreign legislation on this problem are taken in order to get experience. Also it is important to analyse judicial practice on this research in various regions of the country, including Krasnodar Krai. It is proposed to develop a special law that will define the notion of a self-employed person, their legal status, procedure of state registration, control authorities, and liability for violation of current legislation.

Key Words: : self-employed, individuals, individual entrepreneur, legal status

	Abstract	Baksheyev Bogdan Dmitriyevich, Maslennikova Lyudmila Vladimirovna Read the Article: Deliberate Bankruptcy as a Special Kind of Criminal Behaviour in Modern Russia
In this paper, the authors consider a quite relevant problem of criminal deliberate bankruptcy, which, unfortunately, is developing in Russia at a rapid pace. The presented article reflects the general characteristics of the level of this type of crime. The authors consider the general dynamics of growth of business organizations, which, through unscrupulous actions of their managers, become bankrupt. Legislative elaboration of this problematic issue is also subject to detailed analysis, and the degree of legislative interest in resolving such controversial problems is also studied in the work. In the context of the topic under consideration, the authors propose to introduce into the current Criminal Code of the Russian Federation new types of more severe punishments for the commission of such unlawful acts in order to reduce crime in this segment
Key words: bankruptcy, insolvency, property, crime, criminal law

Belchik Anastasiya

Maksimovna,

Medvedev Sergey

Sergeyevich

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Artificial Latency of Crime: Concept and Actual Problems of Its Origin

Abstract

This article examines the latency of crime, provides various definitions of this term, lists the main reasons for its occurrence, lists its levels, identifies and characterizes the types. The authors, when considering the latency of crime, identify such main causes as the causes of hidden crime and the causes of hiding crime. Internal division into subgroups for each of present reasons is shown. The artificial latency of crime is considered. There was analysed the characteristics of artificial latency. There were named the main reasons for artificial latency of crime. Further, on the basis of studied factors, the authors identified topical problems of artificial latency of crime. Various rationales for the need to level these problems in connection with distorted presentation of crime data are given.

Key words: latency, crime latency, artificial crime latency.

	Abstract	Blok Yuriy Aleksandrovich, Medvedev Sergey Sergeyevich Read the Article: On the Issue of Criminal Responsibility Age Under the Criminal Code of the Russian Federation
This article discusses current issues regarding the age of criminal responsibility. The paper analyses materials from media, telling about crimes of adolescents who have not reached the age of 14, respectively, this category of persons will not be criminally liable for their wrongful acts. It also cites the example of international legislation showing the effectiveness of lowering the age of criminal responsibility. In connection with increase of number of crimes committed by persons who have not reached the age of criminal responsibility, the authors propose to lower the legal limit for committing serious and especially serious crimes to 12 years. This change of legislation, according to the authors, will be a direct manifestation of principle of justice of criminal law.
Key words: age of criminal responsibility, reform of the Criminal Code, adolescents, juveniles, inevitability of punishment.

Bondarenko Anatoliy

Vitalyevich,

Khmelkov Nikita

Vladimirovich

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Problems of Litigation of Acts, Resolutions and Representations of an Antimonopoly Authority in an Arbitration Court

Abstract

Protection of competition for business and legal succession of approaches developed by courts are fundamental for building reliable antitrust regulation. In connection with it, the procedure for bringing to liability for unfair competition should be as transparent and clear as possible. This paper commented some legal approaches outlined in the Review on Judicial Practice Arising From Considering Competition and Administrative Offenses in This Area, approved by the Presidium of the Supreme Court of the Russian Federation on March 16, 2019. In particular, the authors analyse opposite positions on notice of removal of violations of antitrust law. The information presented in the article will be useful to a wide range of readers: practicing lawyers, law enforcement officers, as well as civil employees

Key words: antitrust law, competition, notice on removal of violations, dominant position

	Abstract	Budnikova Anastasiya Borisovna Read the Article: On the Issue of Possibility of Bringing to Criminal Responsibility for Preparation and Attempt of Crime, as Provided for by the Article 158.1 of the Criminal Code of the Russian Federation
The article is devoted to peculiarities of bringing to criminal responsibility for preparation and attempt of crime, provided for by Article 158.1 of the Criminal Code of the Russian Federation. The authors examines the norms of administrative and criminal legislation and cites the examples of judicial practice. On the basis of the conducted research, the author comes to the conclusion on possibility of bringing to criminal responsibility under Article 158.1 of the Criminal Code of the Russian Federation in a situation when the act was not completed due to circumstances beyond the control of a person. The author also concludes that bringing persons to criminal responsibility for preparing or attempting a crime under Article 158.1 of the Criminal Code of the Russian Federation is a gross violation of norms of current criminal and administrative legislation. The current judicial practice can be changed by clarifications by the Supreme Court of the Russian Federation on the procedure of applying relevant legal norms.
Key words: preparation for a crime, attempt of crime, petty theft

Bukhtiyarov Aleksey

Andreyevich

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Economic Reasonability of Small Wind Turbines

Absract

This paper presents the economic reasonability analysis of a wind turbine. The author considers three situations including cost benefit analysis of current situation, state wind power subsidizing on pricing and the Clean Development Mechanism (CDM) of a wind turbine. Results show that wind power generation system is a good choice for both energy saving and GHG emission reduction compared with other power generation systems. It is also proved that the construction of wind turbines is an attractive choice for investors. Finally, the CDM program and state subsidy of wind power are suggested as two efficient approaches to boost wind power development.

Key words: net energy, GHG emission, wind power, economic feasible analysis.

	Abstract	Vasilevskaya Irina Dmitriyevna Read the Article: Features of Use of Land Reserves and the Role of Authorities in Managing Them
Land relations are the basis of state economic policy. One of the objects of land relations are land resources. The lands within the Russian Federation constitute the land fund of the country. According to the current legislation and established traditions, state registration of land availability and its use is carried out according to land categories and areas without including lands covered by internal sea waters and territorial sea in land fund in the Russian Federation. One of the important categories is land reserve. Competent land management of all categories is an integral part of land relations at all levels of government. It is important to note that management in the land and property sphere should be timely and continuous, as this will improve the situation in this area and ensure its stable functioning.
Key words: land legislation, land relations, land categories, reserve lands

Golubchenko Daniil

Eduardovich

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Actual Problems of Restriction of Land Turnover in Specially Protected Natural Areas

Abstract

This article discusses conflict problems of current legislation of the Russian Federation in the field of land law. The author draws research parallels between such terms of domestic law as limiting the land turnover in specially protected natural territories and withdrawing from circulation land plots located in specially protected natural territories. There were analysed the characteristic features of the institute to limit the land turnover in specially protected natural territories, its difference from the institute of withdrawal from circulation of land plots located in a specially protected natural areas. There was conducted a local study of the application of above legal institutions on the example of specially protected natural territories of Krasnodar Krai. The paper also presents a legal section between the current legislation of the Russian Federation and the legislation preceding it

Key Words: land law, turnover, limitation, exemption, specially protected natural areas, plot

	Abstract	Gradinar Eduard Vyacheslavovich, Grin Yelena Anatolyevna Read the Article: Principle of Objective Truth in Civil Proceedings
The article aims to throw light on the establishment of the principle of objective truth in civil proceedings. The authors, analysing the statement of the ancient philosopher, give their own definition of the concept of truth. The history of basic principles of Russian legal proceedings is considered from the time of Yaroslav the Wise to the present day. A comparative analysis of competitive process with investigation one is carried out. The characteristic features of both species are distinguished. Evaluation of the Soviet period process is also given. Significant statements of theorists about the principle of objective truth in legal proceedings are taken into account. We study civil procedural, criminal procedural and legislation on judicial proceedings in cases of administrative offenses for the existence of rules that imply the existence of the principle of objective truth. It is concluded that it is necessary to establish this principle directly in a regulatory legal act.
Key words: evidence, principle of proof, process, accusatory process, search process, inquisitorial process, adversary process, civil procedure, court, actual circumstances of case, absolute truth, formal truth, objective truth, truth

Gradinar Eduard

Vyacheslavovich,

Koliyeva Angelina

Eduardovna

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On the Issue of Some Problems of Land Inheritance

Abstract

Scientific work is developed to more detail specification of some controversial problematic aspects of land inheritance. The characteristic of land as an object involved in civilian law. There were shown the basic rules of land inheritance. There was observed the occurrence of testator’s rights to the land share of the state farm. There were considered as the inclusion of land in inheritance and its subsequent adoption. The authors investigate the transition of certain types of land rights from the testator to the heir. Attention is paid to land inheritance belonging to peasant farms, plots provided as lifelong inherited tenure and permanent (perpetual) use. The characteristic of general principles of proceedings in cases of inheritance of land was given. Proposals were made to modernize the legislation in terms of land inheritance.

Key Words: plot, inheritance, real estate, object, property, limited real rights, share in right, share, legal proceeding.

	Abstract	Guseva Olga Nikolayevna, Netishinskaya Lyubov Fedorovna Read the Article: On the Issue on Limitation of Competition in the Result of Presentation of Ina-dmissible Requirements to Bidders on the Right to Con-clude a Concession Agreement
The article deals with issues related to restriction of competition as a result of imposing inadmissible requirements on bidders for the right to conclude a concession agreement. First of all, we are talking about the fact that the legislator establishes two important provisions on the tender documentation: the first is that the tender documentation must contain requirements that apply to tender participants (including requirements for their qualifications, professional and business qualities) and in accordance with which the preliminary selection of participants of the competition is carried out; the second is that the tender documentation should not contain requirements for the participants of the competition, unreasonably restricting the access of any of the participants of the competition to participate in the competition or creating preferential conditions for participation in the competition to any of the participants of the competition. A reasonable conclusion is made that the main reason for disputes on concluding concession agreements is the presence in the tender documentation of requirements that restrict the access of participants to participate in it.
Key words: conclusion of concession agreement, competition for the right to conclude a concession agreement, tender documentation unreasonably restricting access to participation in competition, preferential conditions for tender participation contained in tender documentation

Donskova Lyudmila

Aleksandrovna,

Zdanovskaya Lidiya

Borisovna,

Nepshekuyeva Tamara

Sagidovna

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The Aesthete Linguo-сultural Type in English Linguistic Culture

Abstract

The article is devoted to the study of the peculiarities of the representation of the aesthete linguocultural type in the English linguoculture. To study the picture of the world, the mentality of a people, the consideration of the linguocultural type is fruitful because it emphasizes the cultural and diagnostic significance of the typed person for the understanding of the relevant culture and personality from the standpoint of linguistics. The aesthete linguocultural type is characterized by the duality of its own nature: it is, as a set of knowledge about the typical representative of society, both the concept and linguistic personality, while the value side in the structure of the linguocultural type, as well as socio-cultural, are fundamentally important

Key Words: linguocultural type, linguistic culture, concept, value-branded units, typification, aesthete, aesthetic personality, explication.

	Abstract	Zharkova Natalya Vladimirovna Read the Article: Legal Consequences of Changes in Pension Age: Pre-Pension Age
The article discusses the changes related to changes in pension age that have been made to various sources of law. The author notes the change of the term “pre-pension age”, its modification in current legislation. The modification of the term “pre-pension age” brought about changes in family law, labor, administrative and criminal legislation. The author draws attention to increasing responsibility for the violation of rights of people of pre-pension age in labor, administrative and criminal legislation. It also provides statistics on a number of persons of pension age and the size of pensions of Krasnodar Krai. In addition to changes in legislation, the measures taken to train and retrain people of prepension age are considered, due to this there have been approved programs for the period up to 2024..
Key words: pension, age, pre-pension age, old age, alimony, content, duties, labor rights, legislation, responsibility.

Zidiridu Mariya

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Appearance of Land Ownership by Acquisitive
Prescription:
Problems of Law Enforcement and Analysis of Judicial Practice

Abstract

Russian legislation provides for the possibility of land plot ownership due to acquisitive prescription. This paper analyses the conditions under which the use of acquisitive prescription is possible. The author made an attempt to analyse these conditions and identify problems in their law enforcement. The solution of issues raised in this work lies in further improvement of regulatory framework, in particular, in the development of land legislation in relation to rules on prescription as one of the grounds for the appearance of land plot ownership. In the process of research problems when the right of land ownership in virtue of acquisitive prescription in the Russian Federation, the author used the materials of the present Russian legislation and forensic practice, as well as the conclusions and research results of other researches

Key words: land plot, acquisitive prescription, law of property, forensic practice, land legislation.

	Abstract	Ivanenko Igor Nikolayevich, Nezhenets Olga Valeryevna Read the Article: On the Legal Status of State Civil and Municipal Servants in the Russian Federation
This article discusses current issues of administrative and municipal law, analyses the essence of the legal status of the state civil and municipal servant. It is noted that the main objects of municipal management are the municipal district, urban district, rural and urban settlement etc., the main objects of state management are the Russian Federation and the subjects of the Russian Federation. The peculiarity of municipal management is the solution of local problems, direct interaction with the population; the population acts simultaneously as an object, subject, and goal of management etc. The authors come to the conclusion that there is a need for an open list of differences between the state civil and municipal employees and suggest adjusting the Russian legislation on state and municipal employees taking into account the socio-economic development of the Russian Federation and municipalities. .
Key words: public servant, municipal servant, correlation

Ivanova Sophiya

Mikhaylovna

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On the Issue of Termination of a Criminal Case at the Stage of Preliminary Investigation

Abstract

In this article the subject of research is the classification of grounds of termination of a criminal case at the stage of preliminary investigation. The author analysed the main sources of criminal procedural law, studied the procedure of terminating a criminal case at the stage of criminal investigation. In addition to the classical grounds of termination of a criminal case at the stage of preliminary investigation, the author also outlines the problematic aspects of criminal law introduced in connection with the first offense in economic sphere. The author also provides various possible ways to resolve the existing criminal law problem, proposes various innovations in the text of the Criminal Procedure Code of the Russian Federation, which will solve existing problems of implementation of criminal procedural norms and make it easier to understand these standards for a law enforcement officer and use them in practice.

Key Words: preliminary investigation, criminal case, termination, legal fine, resolution.

	Abstract	Kolesnikova Viktoriya Aleksandrovna Read the Article: Some Forensic Aspects of the Investigation of Crimes Involving the Sale of Minors
One of the serious crimes of a transnational nature today is trafficking in minors. The establishment of the subjective side of the crime of trafficking in minors is complicated by the difficulty in determining the psychological motive of the behavior of the accused. The author notes that minor parents can also act as victims in cases of trafficking in minors, while the object of psychological investigations will be a feature of their mental activity. At the same time, taking into account the peculiarities of the psyche of children, if it is possible under the circumstances of the criminal case, it is necessary to do without the testimony of a minor. At the same time, due to the nature of this crime—the fact of secretly making a transaction, the subject of which is the child, and the lack of interest of the seller and the buyer in disclosing information about the crime—the minor will be the only witness in this case.
Key words: investigation methods, juvenile, human trafficking, transnational organized crime, expertise

Kolesnikova Viktoriya

Aleksandrovna

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Organization of the Initial Stage of the Investigation of Trafficking in Minors

Abstract

Of particular difficulty in organizing an investigation, because of its transnational nature, are crimes related to trafficking in minors. At the initial stage of the investigation of crimes related to trafficking in minors, the conduct of operational-search measures is of particular importance. These measures include interviewing, inquiring, investigating premises, tapping telephone conversations, test purchases, operational experiments, and operational implementation, which ensure the normal development of a minor. To properly qualify a crime on a given basis, it is necessary that the perpetrators be aware of the fact of the abduction of a minor. The initial investigation should be started by inspecting the scene of the incident, fixing it by using video to capture the situation, evidence of traces, as well as removing documents and other items that will allow more quality to carry out this investigative action.

Key words: initial stage of investigation, abduction, minor, trafficking, investigative actions

	Abstract	Kotsoyeva Elvira Yuryevna, Terekhin Aleksey Andreyevich Read the Article: On the Issue of Problems of Administrative Responsibility of Legal Entities
The transformation of cultural, social, economic and political activities in the Russian Federation is due to the need to ensure a balance of business and public interests of a state, interaction of interests of public and state structures for implementation of constitutional civil rights, freedoms and interests, activity of population in the field of business, and social protection and culture. The tendency to create self-regulation, as well as the elimination of unnecessary administrative barriers to development of economic activity encourages the state to apply measures of state coercion, to which the institution of administrative responsibility of a legal entity belongs. It is noted that the institute of administrative responsibility is a type of state coercion and an independent type of legal responsibility, a set of both procedural and material norms of administrative law governing public relations on the use of sanctions by officials and authorized bodies in accordance with the procedure established by law, reflected in legal norms in terms of administrative punishment to the person guilty of an administrative offence. According to the authors, it is necessary to state the definition of administrative liability of a legal entity in the Code of Administrative Offences of the Russian Federation at the legislative level through development and adoption of the regulatory act On Amendments to the Code of Administrative Offences of the Russian Federation.
Key words: administrative responsibility, legal entity, guilt of a legal entity

Leyba Igor

Petrovich,

Medvedev Sergey

Sergeyevich

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Circumstances Precluding Criminal Responsibility for Crimes Committed by Officials

Abstract

This article is devoted to the problem about circumstances precluding criminal responsibility for crimes committed by officials. The authors analyse certain groups of crimes, the subjects of which are directly officials, and note the main features of circumstances precluding responsibility for crimes committed by officials. In the course of the work, there were shown the interesting opinions of legal scholars on some issues directly related to the problem. In addition, the authors present current judicial practice on the issue raised in this work. Based on all of the above, the article presents a conclusion and recommendations for changing some articles of the Criminal Code of the Russian Federation

Key Words: special entity, official, crime, responsibility.

	Abstract	Markaryan Angelina Bakhdikovna, Usenko Anatoliy Sergeyevich Read the Article: The Mechanism of Unlawful Participation in the Business Activities of Officials
Today, in the Russian Federation, corruption as a factor in destabilizing the development of society and the state poses a threat to national security, and from a multifaceted phenomenon, it acquires the status of an institutional phenomenon. The typical types of corrupt behavior that threaten the destabilization 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. The specifics of the circumstances to be proven for illegal participation in business activities are determined by the identity of the offender. One of the most important tasks of the initial stage of the investigation of a crime is the definition of the special characteristics of the subject of a criminal offense, including, in particular, the official position of the person. The official has the authority to perform legally significant actions, as well as the ability to create, modify or terminate legal relations. It is noted that state officials and municipal servants, persons occupying state posts of the Russian Federation and constituent entities of the Russian Federation, persons performing organizational and administrative, administrative and economic functions in state companies, state and municipal unitary enterprises, jointstock companies, are considered as officials. which belongs to the Russian Federation, subjects of the Russian Federation or municipalities.
Key words: official, entrepreneurial activity, illegal participation, corruption, investigation technique, legal entity, right of participation, right of management.

Medvedev Sergey

Sergeyevich,

Yashkina Zemfira

Ilgarovna

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Criminological Characteristics of Natural Latent Crime

Abstract

This article touches upon the problems of detection in modern crime, in particular, for reasons of natural latency of crimes. The authors analyse characteristic features of natural latency and name the reasons and conditions which were typical for natural latency. At the moment, the level of natural latency is quite high, so, the article offers a solution of this problem. There was revealed and substantiated the necessity of creation of specialized institutions for prevention and implementation of natural latency. The publication covers the problem of causes of natural latency of crimes in the conditions of domestic (family) violence. The authors draw particular attention to the urgent need to punish fairly address for such crimes.

Key words: criminology, latency, natural latency, domestic violence.

	Abstract	Melnik Aleksandr Vitalyevich, Yakubenkova Karina Artushevna Read the Article: Artificial Land Plot as an Object of Land Law
Now special attention is paid to practice of development of artificial land plots, which is widespread both in foreign countries and in the Russian Federation. The legislation of the Russian Federation needs more detailed and specific regulation of issues relating to signs of artificial land plots, as well as other issues. In this article the authors analyse the essence and features of artificial land plots as an object of land law. In addition, there is a need to establish a new definition using the concept of natural and anthropogenic object, thereby indicating the importance of this feature. In the process of studying the issues raised in this work there were analysed the materials of the federal legislation and there were used scientific researches of scientists in this field.
Key words:artificial land plot, land, objects of land law, natural and anthropogenic object.

Melnik Aleksandr

Vitalyevich,

Yakubenkova Karina

Artushevna

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Legal Status of Resort Lands

Abstract

Special attention in public health system is paid to activities that ensure development in following areas: resort recreation, resort treatment, tourism. However, improvement of these areas leading to development of economics does not always meet standards of environmental protection. Thus, there is a need for legal regulation of resort land protection. In this article, the authors analyse the characteristics of resort lands as a specially protected natural object. In addition, there is a need to establish a legal regime of resort lands, which is understood as a measure of possible and proper behaviour of entities of ownership and other rights to lands in relation to resort lands. In the process of issues’ research raised in this work there were analyzed the materials of federal legislation and there were used scientific researches of scientists in this field

Key words: resort land, legal status, specially protected area, environmental protection.

	Abstract	Neshko Yekaterina Maksimovna Read the Article: Civil Legal Nature of the Mediation Agreement
The result of alternative procedure of mediation agreement is a mediation conclusion, which is of great importance in settlement of disputes, since its conclusion is a basis for emergence, change and termination of rights and obligations of parties of the disputable legal relationship. By concluding a mediation agreement, the parties, in addition to formal agreements on further regulatory regulation of controversial legal relations, also provide for a number of positions that are aimed at harmonizing their interests for further cooperation. The legal regulation of mediation agreement is inadequate. Theoretical and practical issues related to the legal nature of mediation agreement, terms of mediation agreement, possibility of parties’ going out beyond the subject of the dispute, in our opinion, have not received sufficient systematization and comprehensive development in modern legal literature. It is noted that mediation agreement is universal, suitable for various legal relations, an agreement reached by the parties as a result of application of mediation procedure to a dispute or disputes, to individual differences regarding a dispute and concluded in writing form.
Key words: mediation, mediation agreement, transaction, conflict.

Prodanova Anastasiya

Alekseyevna

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Vehicle as an Object of Civil Rights Under Bankruptcy

Absract

In this article the author defines the specific features of a vehicle as an object of civil rights under bankruptcy on the basis of legal views researches developed in scientific literature. There was conducted the analysis of actual judicial practice concerning a research subject, there was given the assessment to accepted judicial decisions. The article shows main difficulties that persons may face during bankruptcy procedure of an organization or a citizen, which may be associated with unlawful alienation or concealment of a vehicle from creditors and other interested parties. It is concluded that it is necessary to activate the work of legislative authorities and representatives of scientific community on the subject of research due to the lack of necessary legislative regulation and unambiguous legal positions in the researched area.

Key words: insolvency, bankruptcy, vehicle, bailiff.

	Abstract	Prodanova Anastasiya Alekseyevna Read the Article: Vehicle as a Subject of Pledge
Vehicles are the most important elements of modern life of any person, which determines the high relevance of legal regulation relations issues associated with them. The author defined specific features of a vehicle as an object of civil rights both in general and in pledge on the basis of legal views research developed in scientific literature. There was carried out the analysis of actual judicial practice concerning the research problem. The article analyzes legislation governing the performance of obligations from a loan agreement, as well as from other legal relations. It is concluded that it is necessary to activate the work of legislative authorities and representatives of scientific community on the subject of research due to the lack of necessary legislative regulation and unambiguous legal positions in the researched area
Key words: pledge, vehicle, enforcement of obligations.

Starodubtseva Natalya

Vyacheslavovna

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On Issues of Assigning Objects to Real Estate in the Russian Federation

Abstract

The article covers the concept of real estate in accordance with current legislation of the Russian Federation, defines its place in the field of civil law, as well as purposes of distinction between the terms of movable and immovable property. It is recognized that there are some controversial issues related to classification of objects to the concept of real estate. There are a number of criteria — basic and additional, — according to which the object can be classified as real estate. Examples of application of criteria are given, pros and cons of each approach are considered. Urgent issues are raised and ways to solve these criteria in practice are suggested. The article is based not only on provisions of regulatory legal acts of current legislation of the Russian Federation, but also on the works of modern jurists and researchers, as well as on judicial practice.

Key Words: real estate, property, criteria, registration of rights.

	Abstract	Shepeleva Oksana Dmitriyevna, Shulga Andrey Vladimirovich Read the Article: Incitement of a Minor to Suicide: Criminal Legal Characteristic
The appearance of an article providing for criminal liability for incitement to suicide in the Criminal Code of the Russian Federation shows an increase in criminal law protection of life by the state. According to statistics, the number of suicides is growing, with the most common age of suicide—from 15 to 29. Due to spread of information technologies and development of social networks, the Internet has actually become a new platform for committing crimes. Given the level of popularity of social networks among young people, it is obvious that the younger generation is at risk. Their presence in social networks is rarely controlled by adults, which created a negative trend and allowed attackers to have a negative impact, to come into contact and trust with complete impunity. In this work we consider issues and characteristics of criminal responsibility for incitement of a minor to suicide, as well as the distinction with incitement to suicide, and we outline the main issues and difficulties that arise in practice
Key words: minors, groups of death, suicide, mass media, criminal liability

Yartseva Veronika

Yevgenyevna

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On the Issue of Legal Regulation of the Procedure and Conditions for the Payment of Bonuses

Abstract

This article deals with the issue of the payment of bonuses to employees. The author considers material simulation as an additional motivation for an employee to increase his qualification level and notes that the issue of legal regulation of the establishment, procedure and amount of bonus payments remains debatable in the science of labor law. It is not regulated in detail by the employer, because the payment of premiums is a right, and not an obligation of the employer, which he can implement at will. In the absence of the desire of the employer, the main issues related to the payment of premiums will not be reflected in local regulations. The article provides an analysis of judicial practice and considers the main conditions for the payment of bonuses and the right of an employee to receive it.

Key Words: bonus, additional payments, employee, employer, local regulatory legal act, labor contract, payments, salary, court

	Abstract	Bagadenko Mariya Olegovna, Chibirikova Svetlana Nikolayevna Read the Article: On the Issue of the Legal Status of an Individual Entrepreneur as a Subject of Entrepreneurial Activity
This article describes the legal status of an individual entrepreneur as the main subject of entrepreneurial activity. The authors analyse the legislation governing the acquisition and termination of the status of an individual entrepreneur. The main advantages and disadvantages of this type of business are highlighted. The authors name the cases of the application of administrative measures in the form of a fine for an individual entrepreneur. The question concerning litigation in respect of persons with the status of an individual entrepreneur, namely the problem of determining the jurisdiction of the case to the court was considered. Based on the analysis of the legal status of an individual entrepreneur, it was concluded that the state should pay a lot of attention to small business since it is the foundation for the development of the country’s economy
Key words: : individual entrepreneur, legal status, business law, legislation, economy, state.

Ivanenko Igor

Nikolayevich,

Sokol Aleksey

Valeriyevich

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The Criterion of Insignificance in Administrative Offences

Abstract

This paper examines the provisions of Article 2.9 of the Code of Administrative Offences of the Russian Federation, which contains such an evaluative concept as insignificance of an administrative offence. The main problem arising in the process of application and interpretation of the provision of Article 2.9 of the Code of Administrative Offences of the Russian Federation is the absence of legally fixed criteria that allow the law enforcer to use this provision in each specific case. This article is dispositive and it lacks any legal requirements, which causes a lot of discussion between scientists. The analysis of judicial practice on the definition of criteria of insignificance. The points of view of various authors on this topic are given. By summarizing the information studied, the developed criteria for determining the insignificance of an administrative offence are proposed

Key Words:administrative responsibility, administrative offence, criteria for insignificance, insignificance of the administrative offence