No. 37, March 2020

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No. 37, March 2020

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№ 37, март 2020

Table of Contests

Abadzhyan Manushak

Araratovna

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Overview of the demographic situation in Russia. Population and statistical data analysis

Abstract

The article gives a General analysis of the demographic situation in the Russian Federation for several years, indicates the number of population of the country, including urban and rural. Also, the calculation of the formulas for finding the total fertility rate and mortality from the data of the table for these criteria. The influence of migration components on demographic dynamics is described, the General result of population migration for 2012 – 2018 is given, where the number of arrivals to the territory of the Russian Federation and departures from it is indicated. For the most vivid representation of the migration situation in the country, a circular diagram of the structure of migration inflow is shown.The forecast on the development of the demographic situation in the low, medium and high variants until 2035 is given, and the possibilities of reducing the negative demographic trend are considered.

Key Words: population, migration growth, birth rate, mortality, natural population growth.

	Abstract	Arzhakova Elena Aleksandrovna, Karamysheva Svetlana Gennad’evna Read the Article: The structure and specific features of middle class in Russia
The problem of identification of the "middle class"designation criteria in modern Russian conditionsseems to be very relevant. In this article, the authors consider the problem of stratification of Russian society, determining the boundaries of the middle class. The authors of the article describe the main approaches, primary and secondary designation criteria and specific characteristics of classifying citizens as middle class. The article also mentions the main risks of losing your middle-class lifestyle. The stratification of Russian society has undergone significant changes due to the structural market transformations carried out in the country in recent decades. The current middle class plays a stabilizing role, leads to modernization transformations and expresses the interests of representatives of the majority of Russian citizens. Particularly, special attention is drawn to various recommendations and measures to achieve the level of developed European countries and solve the problem of middle class formation.
Key words: social stratification, middle class, self-identification, financial health, professional qualification, social status.

Batalov Dmitrij

Aleksandrovich

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Means of legal protection in case of violation of the agreement of international purchase of goods

Abstract

In the international trade practice, the contract of international purchase and sales of goods plays an important role. International acts contain progressive approaches to regulating the legal protection of the parties in violation of the contract of the international purchase and sales of goods. Freedom of choice of legal protection remedies provided to the parties is a characteristic feature of the considered international legal acts in relation to non-performance or improper performance of contracts of the international purchase and sale of goods. The Russian Federation participation in the World Trade Organization involves stiffening the requirements for the quality of national legal regulation on this issue.It should be noted the inconsequently of Russian judicial practice, due to the lack of experience in the application of domestic courts of international law, as well as the lack of clear marks from the higher courts. In this regard, issues of contractual obligations violation and legal protection of the injured party in the case of such a violation become extremely relevant.

Key words: international contract, contract of the international purchase and sale of goods, legal protection remedies, losses, interests, forfeit.

	Abstract	Vashchenko Maxim Konstantinovich, Shulga Andrey Vladimirovich Read the Article: Exceeding the limits of necessary defense: to the problem statement
In this article the institute of necessary defense in criminal law of the Russian Federation is considered. Desire of the persons which were attacked to protect the legitimate rights and freedoms by own efforts is the reason of introduction of this institute. Legislatively the right for necessary defense is affirmed in Article 37 of the Criminal code Russian Federations, however for more concrete use of standards of this article the Resolution of the Plenum of the Supreme Court of the Russian Federation of 27. 09. 2012 N 19 was accepted. At the same time some situations remain disputable and unresolved that causes need of addition and change of this institute. In turn, a number of scientists already put forward the ideas on completion of the right for necessary defense both in the Criminal Code of the Russian Federation, and in the Resolution of the Plenum of the Supreme Court of the Russian Federation.
Key words: necessary defense, law enforcement, criminal liability

Hordiyenko Alina

Aleksandrovna

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Interstate regulation of obligations from ungrounded enrichment in international private law

Abstract

In the case when relations from ungrounded enrichment do not fit into the framework of one state, they acquire a cross-border character. As a result, a problem arises with the choice of the applicable law.Federal Law dated 30.09.2013 No. 260-FL introduced changes to Section VI International Private Law of the Civil Code of the Russian Federation that also affected the interstate regulation of non-contractual obligations, including obligations arising from ungrounded enrichment.The legislator, making changes to the Civil Code of the Russian Federation, used international standards reflected in the Directives of the European Union, as well as in national modern codifications of private international law. Particularly, section VI was included provision provided an autonomy of the will of the parties to the obligation arising from ungrounded enrichment.However, a number of issues related to the interstate regulation of obligations from ungrounded enrichment in the Civil Code of the Russian Federation have not been resolved.For example, in the Civil Code of the Russian Federation the concept of statute of obligations from ungrounded enrichment is not disclosed, its application area is not defined.The doctrine does not pay attention to such an important issue as the problem of qualifying interstate relations from ungrounded enrichment.

Key Words:international contract, interstate regulation, ungrounded enrichment, statute of obligations from ungrounded enrichment, law of closest connection, qualification, autonomy of the parties’ will.

	Abstract	Kolesnikov Vadim Vasilievich Read the Article: Comparative analysis of contract clauses in Roman-German and Anglo-Saxon legal families
Due to historical features, the contract law of the Anglo-Saxon legal family was not based on codification, in contrast to the legal systems of the Roman-German legal family. Accordingly, the legal nature of the contract will be revealed in different ways. In conclusion, it is concluded that the contract in the Roman-German legal family is considered as a document of a regulatory nature, which is concluded through contractual freedom between two or more parties (private law entities), pursuing a specific goal that forms the subject and content of the contract. In contract law of the Anglo-Saxon legal family, a treaty is understood as a source of law. The contract is more specific in terms of the precedent that has formed in practice.
Key words: contract, romance-Germanic legal family, Anglo-Saxon legal family

Nasibulina Аnastasia

Sergeevna

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The development strategy of the Baikal region: environmental efficiency as the main criterion

Abstract

The key point in the development of modern society is still consumer values, the essence of which is the maximum possible satisfaction of material needs, which leads to unlimited production growth and, accordingly, an increase in the anthropogenic load on the natural environment. Strategic planning for sustainable development involves a reorientation of value priorities in socio-economic relations. Regional sustainable development strategies act as focal points for integrating environmental issues into decision-making. The article considers the concept of "environmental efficiency"as the main criterion in developing a development strategy for the Baikal region. Environmental efficiency is a management philosophy that encourages the search for economic solutions that contribute to improving the environmental situation. The concept of environmental efficiency allows states and businesses to become more environmentally responsible, which contributes to the transition to sustainable development

Key words: sustainable development, environmental crisis, Baikal region, sustainable development strategy, environmental efficiency

	Abstract	Pen’kov Maxim Vladimirovich Read the Article: On the issue of food Russian security
At present, ensuring food security is one of the most important program goals of each country and each state. In the context of constantly emerging new world crises, against the backdrop of an unstable political and economic situation on the world stage, each state, and each country, is obliged to provide its population not only with food resources, but also with a quality of life. Russia is a country that is constantly attacked by Western states, and it must adhere to the policy of import substitution and fully provide its producers with all the necessary resources and quality working conditions to ensure their independence and national security. This article will determine not only the relevance of the urgent issue, but also analyze the doctrine of food security in Russia until 2020, which determines the food security of Russia at the present stage of development, will also propose measures that rehabilitate the most lagging components that determine food security
Key words: food security, national security, independence, import substitution, state, doctrine, domestic producers.

Usenko Anatoliy

Sergeyevich

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Generalized data on the situation of illegal participation in entrepreneurial activity

Abstract

Knowing the specifics of the activities of state and municipal bodies, having the necessary powers and knowledge, an official, contrary to the prohibition of entrepreneurial activity established by law, provides protection in relation to a controlled legal entity. In view of which, the necessary element of the criminalistic characteristics of illegal participation in entrepreneurial activity is the situation of the crime. The most significant elements of the situation for the investigation are the place, time of the commission, and also the official environment. Since this crime can be committed by an official both personally and with the involvement of a proxy, it is necessary to subdivide the scene of the crime, taking into account the stages of preparation, commission and concealment of the crime. According to the author, the official environment and the vesting of an official with state-power authority contributes to the commission of illegal participation in entrepreneurial activity

Key words: crime situation, forensic characteristics, official, entrepreneurial activity, patronage.

	Abstract	Shevchenko Anna Aleksandrovna Read the Article: Increase energy efficiency of apartment buildings
increasing the energy efficiency of apartment buildings contributes to the reduction of the energy intensity of the domestic economy, as well as the human impact on the environment. Despite the development of legal regulation in the field of energy efficiency, the number of litigations is increasing. The most common type of dispute is a disagreement in connection with accounting for energy resources, installation, malfunctioning of common house metering devices and arrears arising from them for payment of a bill for energy resources, as well as their theft. It is noted that the measures on state stimulation fixed at the federal and regional levels are insufficient and need further regulation. According to the author, in order to resolve the problems in the energy sector regarding the accounting and consumption of energy resources, it seems necessary to form a coherent automation system for managing energy resources
Key words: energy efficiency, apartment building, resource, meter, energy consumption.

Shevchenko Anna

Aleksandrovna

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Some aspects of civil regulation of an energy supply agreement

Absract

The electricity supply contract regulates the production, transmission and consumption of energy resources, as well as energy. This agreement is central to the system of agreements concluded in the field of energy. It is noted that the subject of the energy supply agreement is not a thing, but transmitted energy, which does not have a material effect. A distinctive feature of the energy supply agreement from the sales contract is the specificity of its subject, as well as performance. The activity of the energy supply organization is the result of the performance of its public function. The energy supply agreement differs from the purchase and sale agreement in its structure and is of a continuing nature, which is why it must be interpreted not only on the basis of an intra-contractual system, but also of an external contractual nature

Key words:energy, power supply, subscriber power supply contract, power supply organization.

	Abstract	Usenko Anatoliy Sergeyevich Read the Article: Methods of preparation for committing illegal participation in entrepreneurial activity
Having a negative impact on public legal consciousness, the participation of an official in entrepreneurial activity undermines the trust of the majority of citizens of the Russian Federation in government and administration, damages state power, the interests of public service and service in local government. Illegal participation in entrepreneurial activity is latent, lasting, in order to identify, prevent, suppress, and also build a private investigation technique, you need to know how to prepare this crime. The author analyzes the actions performed by an official and a proxy to establish a controlled organization in the form of creation and reorganization. Knowing the ways of preparing illegal participation in entrepreneurial activity provides the opportunity to put forward general and private versions, contribute to the proper planning of the investigation, the conduct of a targeted search for the material consequences of the crime, the identification of the offender, the correct qualification of the criminal act, the investigation of all circumstances to be proved
Key words: forensic characteristics, official, entrepreneurial activity, controlled organization.