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Table of Contests | |||||||||||||||
Alekseyenko Yana Vladimirovna Read the Article: Problems of Legal Regulation of Legal Assistance |
Abstract | ||||||||||||||
Currently, there are hundreds of millions of subjects and their interests that require the creation of a high-quality legal framework. To accomplish this task it is necessary to have sufficiently developed legal institutions. Under these conditions, effective international legal assistance should become one of the elements of Russia’s integration into the world community. Trends in the development of the international community, especially those relating to international legal assistance, are of great theoretical and practical importance. The article describes the concept and types of international legal assistance, the legal regulation of issues related to the provision of international legal assistance. There are suggestions for improving Russian legislation, in particular, securing a longer period in the legislation for the court to establish the content of the norms of foreign law. Based on the analysis, it is concluded that it is necessary to conclude international treaties on the provision of international legal assistance. | |||||||||||||||
Key Words: international legal assistance, international treaty, domestic law, apostille, conflict rule. |
Abstract |
Alekhin Vitaliy Petrovich, Ishmayev Yevgeniy Konstantinovich Criminal and Legal Analysis of Leaving the Scene of a Road
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Leaving the scene of a traffic accident is a special kind of crime, such as leaving in danger. It consists in the fact that the culprit violates the social relations regulated by the law in the field of transport operations and does not fulfill the function of eliminating or reducing the severity of the permissible consequences of a traffic accident. It is noted that the restoration of road safety after a traffic accident is not limited to providing support to the victim, deprived of the ability to implement measures for self-preservation, but is formed in a complex of events to restore road safety in a wide sense—from providing support to victims until the threat to movements of other participants. |
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Key words: accident, incident, crime, traffic accident, traffic, leaving the scene of an accident. |
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Artyukhin Aleksey Sergeyevich |
Abstract | ||||||||||
The absence of a legal definition of a complex object of copyright in the current legislation and of a sustainable practice of application of the provisions fixed in Art. 1240 of the Civil Code of the Russian Federation complicates the emerging legal relations and gives rise in legal literature to different points of view regarding the concept, essence, types of complex objects of copyright. In this article, the author examines the legal status of theatrical and entertainment representation as a complex object of copyright. It is noted that the result of combining into a theatrical and spectacular presentation of several objects of intellectual activity is a single, complete, complex object and the presence of the so-called “single creative concept. The author comes to the conclusion that the theatrical-visual representation consists of two or more heterogeneous, based on the scenario, the results of creative activity, which is associated with the creation of choreographic, musical, literary and other works. The performance is a single whole completed work with the obligatory presence of the author’s intention, it is specified by interdependence of expressing forms and intended for use on the stage | |||||||||||
Key words: complex object, copyright, theatrical and entertainment performance |
Abstract |
Atoyan Liliya Valeryevna, Saakyan Mariya Aramovna Read the Article: Problems Arising in the Implementation of Administrative Oversight of Persons Released From Places of Detention |
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The modern criminal policy of Russia is more and more confidently focused on the requirements of international standards; it is headed for an active restructuring of the criminal law in accordance with the advanced achievements of developed European countries. At the state level and in the mass media, there are widely discussed issues of a fundamental change in the approach to keeping criminals in isolation from society, expanding the range of criminal law measures not related to punishment, searching for acceptable means of reducing the number of people sentenced to imprisonment. This work studies the issue concerning the implementation of administrative oversight of persons released from places of detention. The authors highlighted a number of problems, because of which, in their opinion, the legislator cannot effectively use the administrative oversight mechanism, which contributes to the growth of recidivism |
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Key words: administrative supervision, places of imprisonment, crime, relapse. |
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Abstract |
Blok Yuriy Aleksandrovich, Gradinar Eduard Vyacheslavovich, Ivanova Anastasiya Andreyevna Corporal Punishment as a Type of Administrative Liability
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This paper considers the formation of the institution of corporal punishment in the territory of the Russian state. The authors conduct historical and legal analysis of this phenomenon. In each specific historical period, the authors consider the legislative acts establishing corporal punishment as a form of administrative responsibility. The authors note that at the present stage of development of legislation, undoubtedly, at the head of all legal acts is the Constitution of the Russian Federation, which sets the priority of international law norms over domestic, abolishing this kind of punishment, since the rights and freedoms of a person and a citizen are the foundation on which Russian legislation of all levels is built |
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Key words: punishment, corporal punishment, administrative responsibility, humanization of punishment. |
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Blok Yuriy Aleksandrovich, Koliyeva Angelina Eduardovna On the Issue of the Subject Composition of the Forest Lease Agreement |
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The scientific work aims at considering in detail some of the problematic aspects of the forest lease contract. Currently, many foreign companies come to Russia with investments, which entails the replenishment of budgets of all levels. The authors investigate the issue of the provision of the right to lease forest areas to foreign legal entities. The authors touch upon receiving forest area under the lease without bidding, which is provided as a preference for investing in the Russian economy. One of the problems identified by researchers is that, while the forest is cut down, rental payments do not come into the budget, the state and nature are suffering losses. Based on the studied regulatory framework and materials from the media, the authors come to the conclusion that it is necessary to make changes to the current legislation in terms of the composition of the forest lease contract. | |||||||||||
Key words: forest plot lease agreement, contract subjects, foreign legal entities, amendment of land legislation. |
Abstract |
Burakov Igor Vaitalyevich, Malkhasyan Artem Levonovich Read the Article: Basic Terminology of Criminal Law Disciplines and the Antiplagiat System |
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This article discusses the problems associated with the assessment of the originality of scientific papers. The main positive and negative features of this system from the point of view of criminal law disciplines are revealed. It is concluded that there are elements of unconstitutionality of restrictions of intellectual property rights in connection with the use of the Antiplagiat system in relation to the scientific work of bachelors, masters, candidates for a degree, professors. The paper raises the question of the feasibility of establishing high thresholds for the indicators of the uniqueness of the works of the staff members and students. The necessity of further improvement of the Antiplagiat system in the Russian Federation, taking into account the specifics of individual branches of science when assessing the originality of the text, is substantiated. The authors identify the need to create special regulations with the basic terminology enshrined in them, which will not be marked by this system when checking the uniqueness of the text as plagiarism. |
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Key words: criminal law disciplines, the Antiplagiat system, basic terminology, originality, plagiarism |
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Burakov Igor Vaitalyevich, Romanchenko Nikita Valeryevich Collection and Verification of Evidence in Cases of Abuse of Authority |
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This article discusses the collection and verification of evidence in cases of abuse of authority. The question is raised as to what is evidence in such cases. Signs of such crimes are given, it is indicated that it should be established to incriminate criminals, carried out in relation to the actions of an official, and also established at the pre-investigation check. The conclusion is made about improving the actions of law enforcement officers in verifying reports of crimes in cases of abuse of authority for effective disclosure of these crimes. The regulation of the investigation of these crimes is necessary, as well as the possibility of conducting examinations to simplify the investigation. | |||||||||||
Key words: official, collection and verification of evidence, excess of authority. |
Abstract |
Burnashkin Vladislav Aleksandrovich Read the Article: On the Issue of the Rights of the Developer |
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The parties to the contract of participation in shared construction are the developer and participant of shared construction. The developer, as well as a participant in shared construction, has certain rights and obligations that are included in the content of the legal relationship arising between them. This article discusses the rights that a developer has when entering into a contract for participation in shared construction. Some rights of the developer correspond to the respective duties of the participant in shared construction. Also, the author analyses the changes made to the legislation on participation in shared construction. |
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Key words: contract, shared construction, developer, rights, participant of shared construction. |
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Vashchenko Maksim Konstantinovich Asymmetry Features in the Federal Structure of Modern Russia |
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This article discusses the features of the state-territorial structure of the Russian Federation. The historical conditionality of the controversial nature of the Russian Federation makes it possible to think about ways to solve some of the regional problems of the Russian Federation. One of the main aspects of the state-territorial structure is the asymmetry of the federation in Russia. Ever since ancient times, numerous peoples lived on the territory of modern Russia, each of which had its own opinion on independence. However, in modern Russia it is increasingly possible to hear about rightradical movements fighting for “Russian purity”. In most cases, these organizations are not politically brought up young people, which makes these movements in demagoguery. Yet this contradicts the long-term practice of building the Russian state and its existence to this day | |||||||||||
Key words:federal structure, state subjects, peoples |
Abstract |
Golovchenko Yana Alekseyevna, Lobodina Angelika Aleksandrovna Read the Article: |
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There are many differences in Russian and Anglo-American law, but many scholars insist on the introduction of a trust institution in Russia. Attempts were made back in the 1990s and were due not only to the legal advantages of the trust, but also to the stability of the entire system of the Anglo-American economy. In this regard, there is a need to highlight this issue again. The foregoing suggests that the Anglo-American model of trust relations does not have obvious advantages compared with the Russian institute of the agreement of trust management of property and possible hypothetical structures — analogs of the Anglo-American trust. Anglo-American law uses the trust structure not because it provides special protection of property rights to the trust founder or beneficiary, guarantees the inviolability of commercial assets etc., but only because of the traditional prevalence of this concept in the Anglo-American legal tradition |
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Key words: trust, property, continental system, beneficiary, eligibility |
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Yermolenko Aleksandra Sergeyevna, Kuznetsova Polina Yevgeniyevna Questions of State Regulation of Land Relations in Krasnodar Krai |
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In this article, the issues of state regulation of land relations in Krasnodar Krai are considered. The order of transfer of land plots from municipal to state property is traced, the procedure for establishing a public servitude and the cadastral value of a land plot is indicated. Analyzed the transfer of land without bidding. Marked benefits for the provision of land. The problem of the quality of agricultural lands has been studied, a number of reasons have been identified, as a result of which the fertility of agricultural lands loses profitability. The ways and means of state regulation in Krasnodar Krai as a subject of the Russian Federation are characterized, aimed at preserving agricultural and other land categories, protecting the rights and legitimate interests of land use subjects, as well as preserving traditional land use systems in Krasnodar Krai. The problems associated with violations in the field of land and environmental relations. | |||||||||||
Key Words: land categories, state regulation, executive authority, legislative bodies, purpose |
Abstract |
Yermolenko Aleksandra Sergeyevna, Kuznetsova Polina Yevgeniyevna Read the Article: Questions of State Regulation of Land Relations in Krasnodar Krai |
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In this article, the issues of state regulation of land relations in Krasnodar Krai are considered. The order of transfer of land plots from municipal to state property is traced, the procedure for establishing a public servitude and the cadastral value of a land plot is indicated. Analyzed the transfer of land without bidding. Marked benefits for the provision of land. The problem of the quality of agricultural lands has been studied, a number of reasons have been identified, as a result of which the fertility of agricultural lands loses profitability. The ways and means of state regulation in Krasnodar Krai as a subject of the Russian Federation are characterized, aimed at preserving agricultural and other land categories, protecting the rights and legitimate interests of land use subjects, as well as preserving traditional land use systems in Krasnodar Krai. The problems associated with violations in the field of land and environmental relations. |
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Key words: land categories, state regulation, executive authority, legislative bodies, purpose.. |
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Kokarev Yuriy Georgiyevich Read the Article: Issues of Correlation Between the Concepts of Land and Land Plot in the Russian Legislation |
Abstract | ||||||||||
For a long time the land was a means of production and acted as a source of income. It was considered as a means of consumption, but in connection with the improvement of various rules of law, including land and civil, it began to be considered on the other hand—as a natural resource and as an object. In this regard, it was necessary to update the legislation and to include new rules in the legislation, as well as to exclude those rules that are outdated for one reason or another. As a rule, the improvement of legislation does not always lead to the consolidation of the most important concepts, such as land and land plot. For this reason, it is necessary to analyse these issues and identify all the gaps that will be obtained after a detailed study of land legislation. These questions raise many questions in science, in theory and in practice, when it is necessary to use the terms that will be studied in this article | |||||||||||
Key Words: ratio, land plot, resource, natural resource, land, objects, natural resource, legal norms |
Abstract |
Koliyeva Angelina Eduardovna, Mityayev Dmitriy Mikhaylovich Legal Liability for Violation of Land Laws
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The article discusses the types of liability established in modern Russian legislation for offenses in the area of land use and protection, especially administrative liability. The problems existing in this area are analysed, the authors consider by what means the legislator solves them. The question of the influence of the state of the land on the national security of Russia is raised, the consequences of conducting an ill-considered economic activity are analysed. The views of scientists on the issue of the application of measures of legal liability in addition to other measures of land protection are considered. The authors consider such measures of responsibility for land offenses as administrative, criminal, and disciplinary, as well as civil liability, which is expressed in the obligation to compensate for the damage caused. It is concluded that the qualitative and effective application of penalties and other sanctions against the offender in the area under consideration directly depends on the quality of legislative fixation in the state of the land law |
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Key words: liability, legal liability, violations of land legislation |
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Abstract |
Konovalova Anna Sergeyevna Controversial Issues of Filing and Accepting a Counterclaim in Civil Proceedings
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The Constitution of the Russian Federation, the Code of Civil Procedure establishes the right of every citizen to judicial protection. In case of violation or challenge of the right, any interested person may apply to the court with a request to protect his rights. The main form of such protection is the lawsuit of protection of the right. The purpose of this article is to address controversial issues when a court filed and accepted a counterclaim in civil proceedings. In this article, the author examines the problem associated with the filing, adoption of a counterclaim, as well as the reasons for the refusal to accept a counter-claim by the courts. The author analyses civil procedural legislation in order to identify general requirements for filing a counterclaim; conducts a comparison between the rules for filing counterclaims with valid claims, refuting and other counterclaims that are related to the original claim due to circumstances not related to the denial of the original claim and not because of the offset; identifies the reasons for which the court has the right to reject the application for acceptance of the counterclaim. |
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Key words: counterclaim, controversial issues of filing and accepting a counterclaim, rules for filing a counterclaim, reasons for refusal to accept a counterclaim by the court, the right to accessibility of legal proceedings, a counterclaim with test requirements, refuting the counterclaim. |
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Medvedev Sergey Sergeyevich, Tantsereva Irina Igorevna, Khomyakova Anastasiya Eduardovna Features of the Legal Regulation of Criminal Liability of Minors |
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This paper discusses one of the features of criminal liability of the underworld. The purpose of the article is to analyze the provisions of the current criminal and criminal procedure legislation of the Russian Federation, which regulates the criminal responsibility of persons under 18 years of age at the time of the crime. The emotional and intellectual immaturity of minors necessitates the establishment of certain rules and guarantees in the legislation that allow this category of persons to fully protect their constitutional rights. The consolidation in the legislation of additional guarantees for minors makes it necessary to derogate from the general procedure of proceedings. The relevance of this work lies in the fact that every year juvenile crime grows, which undoubtedly is one of the main problems of Russian society. The involvement of minors in the criminal process is a warning factor for persons under the age of 18, and is a top priority for both the state and society as a whole. | |||||||||||
Key words: criminal liability, minors, juvenile delinquency |
Abstract |
Nikulina Sofiya Alekseyevna, Stepanova Kristina Vitalyevna Provocation of a Crime: Foreign Experience and Development Prospects in the Legislation of the Russian Federation |
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In this article, the author considers one of the issues discussed in the theory of criminal law—responsibility for provoking a crime. Despite the importance of this issue, today the concept of provocation is not fixed in the Russian criminal legislation, among domestic lawyers there is no consensus about its essence, features, degree of public danger. The phenomenon of provocation in the criminal legislation of foreign countries, such as the USA, Spain, Germany, France, Georgia, has been studied. Judicial practice on this issue was also reviewed. On the basis of the study, it was proposed to legislate the concepts of lawful and illegal provocation. In addition, the question was raised about the need to establish criminal responsibility for provocation of a crime. |
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Key words: provocation of crime, types of provocation, complicity, criminal liability. |
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Panova Yelena Igorevna, Romanchenko Nikita Valeryevich Читать статью: Basic Criminal Procedure Terminology and the Antiplagiat System
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Abstract | ||||||||||
This article deals with issues related to the work of the Antiplagiat system, as well as the use of criminal procedure terminology for writing scientific articles and final qualifying works. The system performs technical analysis of the text while not taking into account scientific elaboration. Various questions are asked about why the system recognizes its ideas as plagiarism. Using the example of such a discipline as a criminal process, it is shown that the terms used in this area when writing scientific papers, final qualifying papers, lead to a reduction in the uniqueness of the text. The Antiplagiat system has been in existence for fourteen years, but at the same time elementary issues have not been resolved. The conclusion is made about the need to refine this system, as well as the creation of a unified base for checking the work | |||||||||||
Key Words: criminal proceedings, the Antiplagiat system, copyright, plagiarism, uniqueness. |
Abstract |
Potokova Marina Eduardovna, Shulga Antonina Konstantinovna On the Issue of State Control of a Peasant (Farm) Economy as a Subject of Entrepre-neurial Activity
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This article discusses current issues of business law, namely the legal regulation of the peasant (farm) economy as a business entity and the specifics of its registration as a professional participant in civil turnover. The essence, order, forms of state control over the activities of a peasant (farm) economy in the Russian Federation are analysed. Various legal positions of leading scientists are considered as part of the issue of state control (supervision) of a peasant (farm) economy. It specifies the bodies to which, by virtue of the law, powers are assigned to carry out control actions with respect to the economic entity, as well as the limits of their competence. Also important is the analysis of judicial practice on the topic of research work. Following the results of consideration of the essence of this problem, the ways of solving are given |
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Key words: peasant (farm) economy, entrepreneurial activity, state control. |
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Prokopenko Karolina Sergeyevna |
Abstract | ||||||||||
This article touches upon the appeal proceedings in civil proceedings, namely, some problems of the appellate instance. Particular attention is paid to the problem of presenting new evidence in the appeal process. The paper also addresses the issue of procedural deadlines in an appeal. All the problems of appellate proceedings in a civil procedure listed in the article are suggested ways to solve them. The author proposes to fix the duty of the court in a simplified procedure to always make a reasoned decision in final form, without waiting for the application for receiving a reasoned court decision. The motivational part is necessary not only for the correct preparation of the appeal, but also for clarifying the question of what the court was guided in when making the decision, which, in general, in our opinion, will contribute to a decrease in the number of appealed decisions in the appeal. | |||||||||||
Key words: appeal, civil procedure, appeal proceedings, justice, procedural deadlines, evidence. |
Abstract |
Sirotkin Vladimir Aleksandrovich, Us Viktoriya Petrovna Read the Article: Struggle Against the Payment of Tax on Profit of the Organization in the Russian Economy |
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The following article is devoted to the corporate income tax, it examines in detail the nature of the tax, the tax base and the tax rate. The article contains schemes and methods for illegal minimization of tax liabilities, as well as ways to combat them in the Russian economy. The main activities of the tax authorities to identify, prevent and prevent tax violations and crimes are presented. Much attention was paid to the characterization of such concepts as “cameral inspection” and “on-site inspection”, and the results of their conduct were described. The factors that indicate to tax inspectors the presence of violations and allow to identify the so-called “one-day firms” and fictitious contracts are considered. Analyzed the consequences of violation of tax laws by evading the payment of corporate income tax and obtaining unreasonable tax benefits |
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Key words: Tax Code of the Russian Federation, Federal Tax Service, corporate income tax, tax system, one-day firm, cameral inspection, on-site audit, costs, profit, contractors, taxpayer. |
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Tekutskiy Pavel Anatolyevich Read the Article: Features of the Application of a Preventive Measure in the Form of Dete-ntion in Respect of Juvenile Defendants (Suspects) |
Abstract | ||||||||||
The use of preventive measures in the form of detention is one of the most common preventive measures in investigative practice. Depending on the living conditions of the minor, the educational processes that shape his attitude towards life factors, the same type of life situation can be perceived differently by minors and entail a heterogeneous attitude to a certain life event. This circumstance cannot indicate that a guilty person who has not reached the age of majority is prone to further anti-social behavior. In order to properly resolve the issue of guilt and the possibility of bringing a person to criminal responsibility, it is necessary to define a mechanism for forming the act of a minor. The author comes to the conclusion that it is necessary to state Article 108 of the Criminal Procedure Code of the Russian Federation in a new edition | |||||||||||
Key Words: imprisonment, minor, guilt, criminal liability, preventive measures, age of a minor |
Abstract |
Timofeeva Darya Sergeyevna The Issue of the Protection Children’s Rights to Express Their Views in the Context of Russian and International Legislation |
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The need to enforce the rights of rising generation is increasing in the modern world, whose rights are guaranteed by the state, with regard to this the need for implementation tools and ways to protect them arise. Protecting the rights of the child in Russia is one of the most pressing problems. According to the Constitution of the Russian Federation, a child from birth is endowed by the state with the rights and freedoms of a citizen. Proclaiming these rights of a citizen, the Russian Federation also assumed responsibility for the protection of these rights regardless of the age, for the protection from any unlawful violation of their rights. The author highlights the primary measures that must be taken and properly maintained and enforced in relation to the civil liberties and rights of children, especially to express their own opinion or participation in the life of the state |
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Key words: child rights protection, children’s rights, UN convention, expression of opinion. |
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Tuguz Zarema Rashidovna, Shulga Antonina Konstantinovna Features of the Activities of the Cossack Societies as Subjects of Business Law |
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The article discusses the features of the legal regulation of business activities and income-generating Cossack society at the present time. The topic of entrepreneurial activity of Cossack societies is poorly studied, has legal gaps and requires further research. The authors’ legal positions, law enforcement practice on bringing to civil liability for illegal entrepreneurship of Cossack societies are analyzed and ways to improve legislation in this area are proposed. Legislative changes show that the attempt made by the legislator to introduce into circulation an independent concept characterizing the economic activities of non-profit organizations looks rather formal. The authors propose to distinguish between the notions “entrepreneurial activity” and “income generating activity” not only by their formal nature, but also by their practical purpose, which alters the content of the legal status of non-profit organizations, including Cossack societies. | |||||||||||
Key words: entrepreneurial activity, law enforcement practice, Cossack societies, restrictions, the Civil Code of the Russian Federation, the APC of the Russian Federation. |
Abstract |
Tuguz Zarema Rashidovna, Shulga Antonina Konstantinovna Read the Article: On the Issue of the Legal Status of Religious Organizations |
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The article discusses the features of the legal status of religious denominations as non-profit organizations. The legal status of religious organizations is enshrined in a number of legal acts that give them the status of non-profit organizations that do not pursue profit as the main goal of the activity and do not distribute the profit among the participants. The authors analyse the opinions of the authors and the law enforcement practice on the research topic. Attention is focused on the features of receiving and using income in religious organizations. The author comes to the conclusion about the distinction between the concept of "implementation"and "distribution". The authors propose to legislatively enshrine the notion of “distribution” in the Federal Law On Freedom of Conscience, and in particular to supplement Article 17 with Part 1.1: “Distribution is a free transfer of religious literature, print, audio and video materials and other religious objects to parishioners through voluntary donations and in accordance with the list established by the Government of the Russian Federation”. |
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Key words:religious organizations, income, freedom of religion, non-profit organization. |
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Usenko Anatoliy Sergeyevich Methods of Investi-gation of the Illegal Participation of an Official in Business Activities Through a Trustee |
Abstract | ||||||||||
Participation in an official in the management of a legal entity through a person entrusted to it complicates the identification and suppression of illegal participation in entrepreneurial activity and enhances the latent nature of this socially dangerous act. When investigating a crime of this kind, investigative actions are often aimed at procedural fixation and interpretation of information obtained through the conduct of operationalsearch measures prior to the initiation of a criminal case. A successful investigation largely depends on a proper assessment of the existing investigative situations, the nomination and further verification of all necessary versions and the correct choice of the appropriate lines of investigation. The universal direction of investigation of illegal participation in entrepreneurial activity is the identification of possible sets of crimes and the likelihood of their being serialized. | |||||||||||
Key words: official, entrepreneurial activity, illegal participation, corruption, investigation technique. |
Abstract |
Ushakov Oleg Mikhaylovich, Fomenko Aleksey Konstantinovich Read the Article: |
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The article is devoted to the consideration of the problems of the production of inquiries in an abbreviated form. Expression of contradictions with the basics of legal proceedings. The Ministry of the Interior of the Russian Federation should provide the right to rescue from criminal assumptions, and subordinate employees should be assigned the task of reducing the time limits for production and reducing the costs of reimbursement of the procedural costs associated with criminal proceedings. There are many opinions of process scientists regarding standard forms of inquiry that do not have legal certainty in the practice of practitioners. In the course of the study, problems arising from the presence of a dosage in an abbreviated form were identified. |
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Key words: investigation forms, preliminary investigation, the chief of the body of inquiry, prosecutor. |
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