No. 33, November 2019

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No. 33, November 2019

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№ 33, ноябрь 2019

Table of Contests

Bagadenko Mariya

Olegovna

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Justice as a philosop-hical legal concept

Abstract

This article raises a problem affecting the philosophy of justice in law. The works of philosophers such as Plato, Aristotle, Socrates, Kant, Locke and others, who, in turn, examined the issue of justice in its various aspects, are analyzed. Particular attention is paid to the proximity of legal and ethical justice, which G. Hegel wrote about. The article also raises the question of whether justice and equality can be considered as identical concepts. The properties of justice, universally recognized in modern philosophical thought, are analyzed, for example, such as: “justice is not unambiguous”; "Justice is manifested in the forms of social relations."The author considers the ideas of combining “fair equality” and “fair inequality”, the origins of which originate from ancient times, however, have their relevance in our time.

Key Words: philosophy of law, justice, equality, inequality, social relations.

	Abstract	Bakakuri Vladislav Igorevich, Enikeev Anatoliy Anatolyevich Read the Article: The philosophical content of the concept of operational-search activity
Current legislation does not contain the concept of an operational-search activity, however, such events are the basis of the operational-search activity. Despite the fact that the law contains a definition of the concept of operational-search activity with such signs that can be attributed to operational-search activities, for example, publicity and taciturnity, a separate concept of the operational-search activity has not been developed. Moreover, in our opinion, any science should provide for a single system of concepts, interconnected elements that are links in a single chain, therefore the task of theory as a system of knowledge is to improve the conceptual apparatus, its original concepts.
Key words: operational-search activity, operational-search activity, definition, axiology, ontology, epistemology.

Budnikova Anastasia

Borisovna

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On the current state of the right to judicial protection of rights and freedoms in the Russian Federation

Abstract

The article examines the state of the right to judicial protection in Russia modern period, the study subjected the norms of administrative legislation and legislation regulating the status of judges, examples of court practice, analyzed the statistics of the European court of human rights and courts of General jurisdiction of the Russian Federation; on the basis of the conducted research the conclusion about the directions of improvement of the Russian judicial system

Key words: : the right to judicial protection, implementation of the right, the European Court of human rights, jurisdiction

	Abstract	Vasiliev Dmitry Alexandrovich, Alekhin Vitaliy Petrovich Read the Article: Actual issues of combating corruption in the Russian Federation
This article is devoted to the legal nature and the main foci and elements of counteracting such a criminal phenomenon as corruption activity. The aim of this work is to study the legislation in the field of anti-corruption, identifying the main centers of the emergence of corruption in the Russian Federation, as well as the main directions of combating this criminal phenomenon. The subject of the study is the legal position of the regulatory legal acts of the Russian Federation regarding the fundamentals of counteraction in the fight against corruption. And, also, the identification of the foundations of foreign experience that would be suitable for the Russian Federation in the field of counteracting the aforementioned criminogenic phenomenon, as independent varieties of the institution of combating corruption in the Russian Federation.
Key words: corruption, abuse of official position, criminal law, bribery, bribery, bribery, foreign experience in combating corruption.

Vasilchenko Alexandra

Viktorovna,

Skarupelov Vladislav

Sergeevich

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Justice in the philosophical and
legal aspect

Abstract

Questions about the concept and essence of justice have been considered at all times and are relevant today. Justice is often associated with equality, freedom, honesty. This article discusses the relationship between justice and law. The views on justice in different historical stages of philosophy of some philosophers are analyzed, as well as various aspects of its understanding at the present time are revealed. The article deals with the question of the correlation of justice and legal consciousness, as well as about fair equality and inequality in the legal aspect. The most important is to ensure the harmonious coexistence of justice and law, as it is not possible to exist as a right without justice, and justice without law, without prejudice to society and the state as a whole

Key Words: justice, law, equality, legal consciousness.

	Abstract	Vinogradov Daniil Alekseevich, Enikeev Anatoliy Anatolyevich Read the Article: I. Kant’s idea of "eternal peace"in international law and modern philosophical discourse
This article contains a description of the so-called "Kant’s idea of eternal peace". The article reveals the provisions of Immanuel Kant’s work "on the eternal world"in the light of modern problems. Special attention is paid to his thoughts in the light of the achievement of eternal peace among the States, among which are the rejection of the regular army by all States, the transition to a Republican form of government and the compromise of domestic legislation and international, as well as bringing them to uniformity. The article also analyzes the philosophical treatise from the point of view of the modern approach in understanding the ideas of and. Kant’s. The question of whether it is possible to recognize certain proposals that meet the requirements of modernity is analyzed. The degree of readiness of States to achieve the ideas presented by Kant is studied.
Key words: philosophy of law, eternal peace, international law, international legal relations, world citizenship, I. Kant, universal state, uniformity.

Gavrik Anastasiya

Yevgenyevna

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Trends in the development of modern information society

Abstract

In this article the author considers various properties of information as definitions of relations of objective and subjective reality. The author noted that information is something more than just a designation of the content received from the outside world, since it is based not only on subjective, but also on external structures in relation to a person. Man is able to reflect, perceive and process information, but information does not remain passive to Being, it increases, subjugating Being, absorbing consciousness and matter. The process of formation of modern information reality is proved by the gradual development of the modern theory of memes and the postmodern idea of "rhizome". The author of the article comes to the conclusion that information, as an independent unit of Being, is the first step in the realization of the idea of transhumanism.

Key words: information, being, transhumanism, rhizome, meme

	Abstract	Gudz Alla Viktorovna, Seferyan Diana Arkadyevna Read the Article: Legal basis of tax audit and ways of its improvement in the Russian Federation
In this scientific article the concept of tax audit, its essence is revealed, types are defined, and also the main problems of audit of the taxation and ways of their decision are revealed. The author considers the existing legal acts, regulating this type of audit activity is not effective enough. The problem of lack of normative base of tax audit is actual in modern Russian society. Also in this article opinions of domestic scientists on the solution of the revealed problems were offered. The author showed in his scientific work the importance of tax audit in the Russian Federation
Key words: tax audit, taxation, accounting, auditors, recommendations, taxes, fees, payments, tax accounting, organization.

Ivanova Olesya

Yevgenyevna

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Prerequisites and stages of the formation of legal regulation of audit activity in foreign countries: general and special

Abstract

The article is devoted to the establishment of an audit institution in foreign countries. The author analyzes the prerequisites for the formation of various models of state regulation of audit and audit activities in foreign countries, explaining their specifics by the features of historical development and the formation of a market economy. The relevance of studying foreign experience is due, according to the author, to the fact that the audit institution in European countries and the USA has a longer history, demonstrates continuity and a high degree of efficiency. The article formulates the stages of formation of the legal regulation of state and independent audit in the UK, Germany, the USA and names the corresponding regulatory legal acts

Key words: audit, audit activity, organization of professional auditors, state financial control, test audit, standards of professional activity of auditors

	Abstract	Ishmaev Evgeniy Konstantinovich Read the Article: The problems of realization of powers of Executive authorities at consideration of cases on administrative offenses
This article discusses and analyzes the topical issues of the implementation of the powers of the Executive authorities in the proceedings on administrative offenses. A number of practical problems arising due to the implementation of functions and tasks established by the state by the Executive authorities are presented. The ways of resolving the arising issues are proposed, as well as the judicial practice emphasizing controversial situations in law enforcement and production is presented. The novelties of the codified act of Russia on administrative offences allow us to draw conclusions about the rapid development and transformation of the legal system of responsibility, which equally increases and expands the scope of powers of Executive authorities. Administrative proceedings, designed to consider and resolve cases of administrative offenses, in turn, increases the effectiveness and efficiency of the Executive power in preventing and suppressing the recurrence of administrative offenses.
Key words: executive authorities, administrative offenses, administrative proceedings.

Kiyashko Victoria

Dmitrievn,

Shpak Nina

Mikhailovna

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Features of determi-nation in the investigation of rape

Absract

The article presents the theoretical foundations of the process of targeting in the investigation, its main objectives and principles of goal formulation. The features of targeting in the investigation of such a category of crimes as rape are revealed. Typical investigative versions arising at the initial stage of investigation of rapes, and also the General and tactical purposes put in accordance with them are considered. Authors in the article emphasize that an integral part of the target definition as a process of formation of tactical objectives of the investigation is the derivation of logical consequences from the proposed investigative versions. The practical significance of investigative versions is that by means of their construction and deduction of logical consequences from each version, the circumstances to be established in the case are determined. The establishment of each such circumstance is the purpose of investigative actions and their combinations (tactical operations). The role of targeting in relation to the organization and planning of crime investigation is shown

Key words: determination in the investigation, investigation of rape, the basis of determination, typical investigative versions, organization of the investigation.

	Abstract	Kobrushko Maya Igorevna, Arkhireyeva Anastasiya Sergeyevna Read the Article: Inter-municipal cooperation
Currently, the problems arising in the system of local self-government are gaining more popularity and are often the subject of various discussions and discussions in scientific activity between scientists. Intermunicipal cooperation is one of the most relevant trends in public relations arising between municipalities and is an organizational and legal mechanism that contributes to the effective resolution of local issues. Given this, this article discusses the term of municipal cooperation, its essence, the main gaps and shortcomings in the current tax legislation, as well as the nature of relations in the implementation of this form of self-organization. The study was conducted on the basis of Federal Law of 06.10.2003 No. 131 “On General Principles of the Organization of Local Self-Government in the Russian Federation”.
Key words: inter-municipal cooperation, interaction, non-profit organizations, forms of cooperation, local self-government.

Kostenko Bogdan

Yurievich

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Issues of combating tax evasion in the agroindustrial sphere

Abstract

Taxes in a modern state are the basis of the budget and its subsequent distribution between all vital areas of this state. And any offenses in the field of tax law are rather strictly punished by the legislator. One such offense is tax evasion. However, in the science of tax law a general understanding of what tax evasion is not formed, the scope of this phenomenon is not defined, which complicates the application of liability measures. In the general sense, “evading” means avoiding something, with regard to tax legal relations, evasion is associated with tax evasion, which leads to a violation of tax legislation.This article discusses issues of tax evasion in the agricultural sector, by what methods this offense can be committed, judicial practice on such crimes is presented, and as a legislator, using the norms of tax law, fights against these offenses.

Key Words: tax evasion, responsibility, declaration, reduction, tax base

	Abstract	Lavrentyeva Irina Alekseyevna Read the Article: Some criminal aspects of the qualification of homicide committed in a state of passion
A study of the materials of the investigative practice allows us to conclude that there are difficulties in the legal qualifications of murder committed in the heat of passion. So a murder committed in the state of affect cannot be qualified as a corpus delicti of Art. 107 of the Criminal Code of the Russian Federation, if severe emotional disturbance was caused by the immoral or unlawful act of the injured person or resulting from a systematic immoral or unlawful behavior of the injured person in a long psycho-traumatic situation. It is noted that in the qualification of acts containing privileged attributes, norms containing more privileged attributes are subject to application. So, in the case of a criminal assault, simultaneously containing signs of murder committed in the state of necessary defense and murder in the state of passion, legal qualification is carried out according to Part 1 of Art. 108 of the Criminal Code, since the provisions on murder in the state of passion are more privileged on the grounds than part 1 of Article 107 of the Criminal Code of the Russian Federation.
Key words: murder, murder in a state of passion, legal qualification, affect.

Matirnaya Anastasia

Nikolaevna,

Moseychuk Elena

Veniaminovna,

Chernov Yuri

Ivanovich

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Self-employed citizens: issue of the emergence and development of a new tax and legal institution

Abstract

In this article, the authors are faced with the task of studying and conducting a legal analysis of the new institution of tax law, assessing the prospects for its development, legal regulation in this legislation. This institute is called the institute of self-employed citizens as subjects of taxation in the Russian Federation. The proposed topic is very relevant, due to the fact that there are a huge number of different points of view regarding the signs and specific characteristics of this category of citizens as a new tax institution in the Russian Federation. On the basis of the study, the positive and negative characteristics of the phenomenon of «self-employed citizens» were identified, as well as the ways of its full implementation and subsequent improvement in the modern reality of the Russian Federation were investigated. .

Key Words: self-employed citizens, taxes, fiscal institution, shadow employment, precarious work, professional income tax for self-employed citizens.

	Abstract	Morozova Regina Igorevna, Oparin Vitaliy Nikolaevich Read the Article: Ways to resolve international disputes
An international dispute is a mutual claim of two states to each other. The emergence of international disputes may be due to various reasons related to the economic, social, political spheres. In a broad sense, an international dispute is a political and legal relationship that arises between two or more subjects of international law, which is based on a contradiction. One of the principles of international law is the principle of the peaceful resolution of international disputes. Any dispute can be interpreted as a clash of opposing interests of two participants on one issue. Such a dispute is often associated with the concept of “dispute about the law,” the state of contesting a violated position. Signs of a dispute are the presence of mutual claims between the parties to each other, as well as the existence of a special procedure for the consideration of disputes.
Key words: international dispute, means of resolution, dispute, situation, negotiations, mediation, good services, UN, UN Security Council

Olefir Yana

Andreevna

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To the issue of the ratio of joint obligations
with shared liabilities

Abstract

The authors carry out the specifics of using models of joint and several joint obligations in contractual obligations. Formed judicial practice on the application of Art. 323 of the Civil Code of the Russian Federation, which prescribes the right to demand the performance of a joint obligation of a creditor to any of the joint debtors, explains the application of Article 323 of the Civil Code of the Russian Federation as a mandatory complicity of debtors on the side of the defendant. It is noted that for the creditor the greatest benefit is the joint obligation, since it gives the creditor the right to submit a statement of claim with the requirement to satisfy the obligation in full only to one of the debtors, thereby reducing the number of parties in the civil (arbitration) process and avoiding the possible delay in the consideration of the case by creature. According to the authors, depending on the choice by the parties in the contractual design of a model of a joint or shared obligation, the obligatory construction will differently distribute the risks of default.

Key Words: joint obligation, shared liability, debtor, creditor, contract, court.

	Abstract	Pashchenko Ekaterina Vladimirovna, Kudryavtseva Larisa Vladimirovna Read the Article: Features of consideration in court of divorce cases involving foreign persons
This article examines the specifics of the divorce proceedings, in which a person who is a citizen of another state acts on the side of one of the spouses. The basic rules governing the procedure for determining jurisdiction are noted. Also, the author, within the framework of this article, analyzes the need to introduce mediation into judicial practice, as well as fixing a conciliation period for spouses. The problematic aspects of the topic are identified and ways to solve these problems are presented. In addition, the author in this article presents an example of judicial practice from which it follows that disputes on divorce (including with foreigners) can be resolved in the absence of the parties. That is, foreigners can also use the services of a representative, having duly issued a power of attorney to represent their interests in court.
Key words: foreign persons, divorce, family, mediation, jurisdiction

Petrich Tatiana

Viktorovna,

Danilova Marina

Ivanovna

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The role of values in science and scientific knowledge

Abstract

The article presents the values of the ethical values of scientists in scientific knowledge. Actual topics of values in scientific knowledge are determined by the fact that they determine the direction and intensity of the development of science, which today is an important natural and sociocultural development of modern society. The authors note that the humanitarian values inherent in moral education can be supplemented by their own values of science, such as objectivity, rationality, practicality, honesty and accuracy. The problem of ethics and morality is the concern of all mankind. Although mankind may agree with the moral principles laid down in the principles of religious and moral education, disagreements may arise when we solve specific issues and problems related to our moral systems, as well as the priorities and specific needs of our respective cultural ones.

Key words: values, science, knowledge.

	Abstract	Poddubnyy Evgeny Sergeevich, Pavlisova Tatiana Evgenyevna Read the Article: Lack of effective mechanisms of public control as an obstacle to the implementation of anti-corruption legislation
The article examines the current legislation in the area of public control over the activities of the executive branch, the manner in which they are formed and operated, as well as the problems arising from the limited scope of the operation of the Law. The main problem preventing the implementation of anti-corruption legislation is the formation of public control bodies by those subjects whose activities they must control, as well as the lack of public control over the activities of the head of state, the legislature and the judiciary. The formation and activities of the Public Chamber of the Russian Federation are being analyzed, which does not allow us to talk about this organization as an independent institution of civil society. Particular attention is paid to the activities of public organizations established as civil control bodies in the implementation of anticorruption legislation with state funding, the need to ensure the need to ensure the need to ensure that the authorities implement anticorruption legislation.
Key words: non-profit organizations, public chambers, forms of public control, political activity, anti-corruption measures

Prikhodko Elina

Olegovna,

Medvedev Sergey

Sergeevich

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Article 122 of the Crimi-nal Code. HIV infection: relevance, qualifications, legal consequences

Abstract

This article will reflect the relevance of the topic; statistics reflecting problems and indicators under article 122 of the criminal code of the Russian Federation. We will reveal the definition of HIV infection; Studying the specifics of the carrier of HIV infection directly, we will identify what restrictions and legal consequences a person has, violating the laws of the Russian Federation, in various areas of law. Also, the article will disclose the offense under article 122 of the criminal code of the Russian Federation. Including consider the size and type of sanction applied to the offender; and what innovations may be included in the future, when the criminal law is edited

Key Words: HIV-infection, responsibility, disease, threat.

	Abstract	Repukhova Daria Andreevna Read the Article: Responsibility of officials in pre-revolutionary Russia
This article discusses the features of the pre-revolutionary responsibility of officials for their abuse of authority. The authors in their work touch upon the types of prerevolutionary responsibility of public servants and public relations that were relevant in pre-revolutionary Russia, related to the auxiliary mechanism of formation and development of the institution of responsibility of public servants for exceeding the powers granted by public authorities in the field of finance. The features of the disciplinary, civil and criminal liability of civil servants for offenses committed by them during their tenure, as well as ways to solve them in the pre-revolutionary period are disclosed. In addition, the authors in this article examined specific examples of abuse by officials and their punishment, and also listed the most popular offenses in the field of finance for the pre-revolutionary period, namely: embezzlement of the treasury, bribery and abuse of authority. The authors conclude that government officials have serious protection from civil and criminal liability, which leads, on the one hand, to the stable operation of public authorities, and, on the other hand, to high corruption and permissiveness
Key words: pre-revolutionary period, responsibility, civil servants, Senate

Savchenko Eleonora

Aleksandrovna,

Chernov Yuri

Ivanovich

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Tax and legal regulation and taxation of insurance activities

Abstract

Currently, the activities of insurance organizations are undergoing constant changes from the tax policy, which is not effective enough for the proper conduct of such activities, and therefore is in extremely difficult conditions and unstable situation. In order for the Russian insurance market to develop in the legally correct direction and to further eliminate all the gaps in the current tax legislation, the state needs to provide support to the insurance industry as a whole and certain types of insurance - in particular, with the help of appropriate measures of this mechanism. In this case, this is not about all, but only about some areas of the insurance sector and its taxation, namely, it is necessary to maintain a social and economic orientation. For example, life insurance, medical insurance and other, many important industries.

Key words: insurance activities, taxation, insurance market, insurance company, income tax of insurance companies

	Abstract	Stadnik Anastasia Anatolyevna, Kudryavtseva Larisa Vladimirovna Read the Article: Сomparative analysis of the legal regulation of real estate activities in Russia and abroad
Currently, the profession of a realtor is in demand, because the low level of legal literacy of the population in matters of safe circulation of residential real estate does not always allow you to act independently, so they turn to professionals. The activity of realtors in Russian law is not regulated by special acts or regulations, while abroad there is a clear and effective legal regulation that does not allow the emergence of unscrupulous realtors and fraudsters. The article examines the issues related to the lack of legal regulation of realtors in the Russian Federation, as well as a comparative analysis of the legislative regulation of this activity in foreign countries
Key words: realtor, realtor activity, legal regulation, uncertainty of legal regulation, international private law, business law, real estate, self-regulatory organization

Topchieva Svetlana

Konstantinovna

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Financial control and ways to increase
its efficiency

Abstract

Today, the issue of improving and strengthening financial control is as important as it was one or several years ago. It is difficult to overestimate its value, since it covers all spheres of life in modern society. Without financial control, it is impossible to efficiently use both financial and labor resources. This article analyzes the system of financial control and monitoring as a legal institution in Russia. The place of financial control in the system of financial law is analyzed, its functions, goals and objectives are considered. Different views on the formation of a financial control system are presented, as well as general characteristics and conclusions are made about the need for further development of a systematic approach as a methodological basis for improving the management of national finances. Possible ways to increase the effectiveness of financial control are presented.

Key Words: state financial control, financial control, financial law, state financial management, system of intergovernmental relations, legal institution.

	Abstract	Hut Tamara Adamovna, Shapovalov Anatoly Vyacheslavovich Read the Article: The concept of state sovereignty in the history of European political and legal thought
The article is devoted to the formation and development of the concept of state sovereignty in the history of European political and legal thought and the science of state law. In the era of globalization and integration processes in Europe, the question of the content of state sovereignty is of particular relevance. The evolution of views on the subjects of sovereignty, the history of such categories as «people’s sovereignty,» «national sovereignty» and their relationship with the category of «state sovereignty» is being investigated. Unlike domestic thinkers, most Western European philosophers viewed as a source of sovereignty not the power of an autocratic monarch, but a social contract. The conditioning of the sovereignty of the supreme power by a social treaty eventually predetermined the views of 19th-century European thinkers about the limitation of sovereign law.The peculiarities of the concept of sovereignty in the 20th century are explored in relation to the concept of the state of the basic state law.
Key words: sovereignty, state, social contract, supreme power, independence, independence, monarchy, national statehood.

Shevchenko Anna

Andreevna

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Some legal aspects protection of the rights of participants in shared construction with requirements for the transfer of residential premises

Abstract

Shared construction is one of the common ways of acquiring real estate in ownership. At the same time, the weak side of the share agreement in the construction of an apartment building is the participant in shared construction, and, in the event of a bankruptcy of the developer, the participant in shared construction does not always succeed in satisfying his requirements in view of the existing contradictions between the insolvency law and shared participation in the construction of an apartment building. So, it is possible that a greater number of applications included in the register of creditors’ claims may occur than the number of proposed real estate objects after putting the construction project into operation or the same residential premises may be claimed by several entities. To prevent this situation, the author proposes to amend the legislation on insolvency, allowing to comply with Art. 398 of the Civil Code of the Russian Federation.

Key words: equity participation, construction, contract, bankruptcy of the developer, insolvency, real estate, parking place.

	Abstract	Shishkin Pavel Evgen’evich Read the Article: On Some Topical Problems Arising In The Implementation Of Police Control Over The Execution Of Persons Who Committed Administrative Offence, The Duties Imposed By The Court Under Part 2.1 Of St. 4.1 Code Of The Russian Federation About Administrative Offences
The article describes the administrative and legal problems arising in the implementation of control over persons who have committed administrative offenses in the field of legislation on narcotic drugs, psychotropic substances and their precursors, which the judge is obliged to undergo diagnostics, preventive measures, treatment from drug addiction, medical and (or) social rehabilitation. The necessity of changing the current legislation, first of all, departmental normative legal acts of the Ministry of internal Affairs of the Russian Federation, regulating the issues of control over these persons by police officers of territorial bodies of the Ministry of internal Affairs of the Russian Federation, is substantiated
Key words:drug addiction, non-medical consumption, patients with drug addiction, diagnosis, preventive measures, treatment of drug addiction, medical rehabilitation, social rehabilitation, police units, administrative responsibility for evasion of the obligation imposed by the court.

Shishkin Pavel

Evgen’evich

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About Some Questions Arising At Application Of Part 2 Of Article 7.11 Of The Code Of The Russian Federation About Administrative Offenses

Abstract

The article describes the administrative and legal problems arising in the field of production of ungulates and bears, as well as in the proceedings in cases of administrative offenses provided for by part 2 of article 7.11 of the Code of administrative offenses of the Russian Federation. The analysis of the ratio of the direct object of this rule and generic object Chapter 7 of the Russian code of administrative offences, and the Statute of limitation of bringing to administrative responsibility under part 2 of article 7.11 of the Code of the Russian Federation on administrative offences. The necessity of changing the current legislation on administrative responsibility, as well as the practice of its application, is substantiated.

Key words: objects of fauna, extraction of ungulates and bears, hunting resources, permission for production, responsibility for administrative offenses in the field of environmental protection and nature management.

	Abstract	Shishchenko Elena Andreevna Read the Article: Crimes against copyright, related, inventive and patent rights in the legislation of the Republic of Lithuania
With the dynamic development of science and technology in modern society, human intellectual activity is becoming increasingly important. Achievements in various areas of social production are the result of human creativity and relate to intellectual property. Intellectual activity of man is essential to the economic state of the state. Position of the country depended on the level of development of the institution of intellectual property and its legal protection by various branches of legislation. This article is devoted to specific issues of qualification of criminal attacks on copyright, related, inventive and patent rights, as well as to consideration of the norms of criminal legislation of the Republic of Lithuania in the field of protection of these rights as intellectual property objects. The author compares these norms with Russian analogues, and ways to improve the current criminal legislation are proposed on this basis.
Key words: intellectual property, criminal law, copyright and related rights, inventive and patent rights, corpus delicti

Shcherbakov Alexandr

Valer’evich,

Enikeev Anatoliy

Anatolyevich

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Problems of interpretation and implementation of the Sh. Montesquieu’s theory of separation of powers on the example of the Russian Federation

Absract

This article describes the so-called "theory of separation of powers."The provisions of Charles De Montesquieu ’s work "On the Spirit of Laws"are revealed in light of contemporary problems. Differences in the interpretation of Montesquieu ’s theory and its further implementation as a principle of separation of powers are considered. Special attention is paid not to the practical aspects of the functioning of the various authorities, but to the direct perception of the fundamental elements of the principle of separation of powers in the Russian Federation, where this principle has been introduced into the system of State structure relatively recently. The article also analyses the philosophical tract in terms of a modern approach in understanding the ideas of St. Montesquieu. The question of whether proposals that meet the requirements of modern times can be recognized is analysed. The extent to which States are prepared to achieve the ideas presented by Montesquieu is being studied.

Key words: philosophy of law, separation of powers, interpretation, implementation, power, system of checks and balances, St. Montesquieu, state law

	Abstract	Batayev Aleksey Vladimirovich Read the Article: Practice oriented online courses: the way of improving the quality of higher education
The paper examines trends in the development of practice-oriented online courses that can improve the quality of higher education. The possibilities of virtualization of an automated banking system for educational purposes are considered. The capability of learning in different disciplines through a virtual laboratory using a cloud-based automated system able to provide acquaintance of students to real work of financial institution is analyzed.
Key words: information technology management, e-learning, virtual laboratories, cloud technology, financial institutions