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    No. 1. November, 2016

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    № 1, ноябрь 2016

    Table of Contests                   
                           

    Kobylinskaya Svetlana

    Viktorovna, 

    Popova  Polina

    Yevgenyevna 

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    Funded Persion: Problems and Prospects

         Abstract        
      This article discusses the problems that have arisen and exist in the pension system of the Russian Federation after the 2015 reform was carried out. First of all, it focuses on the issues related to the formation of the funded pension at the present stage, its subsequent payment, and the prospect of further existence of this pension savings method in general. The authors analyse the current provisions of the Russian legislation on public and private pension funds, their activities, and mechanisms for preserving and augmenting the funds paid by the citizens. The necessity of prompt changes in legislation as it relates to the funded part of the pension is revealed and grounded as well. The authors give the opinions of several statesmen, including Deputy Prime Minister Olga Golodets, on this issue and the prospects for further existence and development of this institution in the context of the current unstable economic situation. Different ways of reforming this part of the pension system are given. In future, they will make it possible to save this part and will save the means of the citizens from being forcedly transferred to the insurance pension, which is currently necessary in connection with a major shortage of funds in the Pension Fund of the Russian Federation.
     

     

    Key Words:  pension reform, funded pension, the Pension Fund of the Russian Federation (PFR), non-governmental pension funds

     

            Abstract           

     

    Kobylinskaya Svetlana

    Viktorovna,  

    Roditeleva Anastasiya

    Yuryevna

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    The Problem of Interpretation of the General Requirements Taken into Account when Making an Appointment to the Prosecution Bodies and Institutions 

    This article discusses the problem of interpretation of the general requirements that are taken into account when making an appointment to the bodies and institutions of the Prosecution Service of the Russian Federation. In this regard, this work examines the provisions of the Federal Law “On the Prosecution Service of the Russian Federation” and of the Conception of Educational Work in the Prosecution System of the Russian Federation, established by the Order No. 114 of 17 March 2010 of the Prosecutor General’s Office of the Russian Federation “On Adoption and Enactment of the Code of Ethics for the Public Prosecutors of the Russian Federation and of the Conception of Educational Work in the Prosecution System of the Russian Federation” (as amended by the Order No. 104 of 22 April 2011 of the Prosecutor General’s Office of the Russian Federation) which establish the requirements that are taken into account when a person is being appointed to the prosecution bodies. The study revealed some difficulties in the interpretation of these requirements, in particular, quite a number of questions are raised in connection with the requirement which says that a person to be appointed to the position of a prosecutor should possess the necessary professional and moral qualities. In the end of the study, the following solution to the problem is proposed: every requirement for the persons to be appointed to positions of prosecutors needs to be stated in concrete terms   

     

     

    Key words: prosecution service, prosecutors, public service, requirements for public prosecutors, professional and moral qualities.

     

     

     

     

    Kobylinskaya Svetlana

    Viktorovna, 

    Shapovalova Dzhessika

    Alekseyevna

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    "International Practice of the Regulation of Labour of the People with HIV/AIDS 

             Abstract    
      The article analyses the international practice of regulating the legal status of the employees living with HIV/AIDS. The possibility of using the international mechanisms to protect and support this category of people in the Russian Federation is also given and assessed in detail. This article also describes a case from the international practice which shows the extremely alarming and unstable position in society of the people with HIV/AIDS. This article provides an approximate open list of the special legislation of several countries which regulate the labour specifics of this group of citizens and their legal status. The article also provides a list of common international documents which clearly show the scope and depth of the problems that make it necessary not only to study and to cover them, but to make certain changes in legislation both at national and world level. First of all, these changes should apply directly to the legal sphere of the nations of the world, including, of course, the Russian Federation as well
     

     

    Key words: labour rights, HIV/AIDS-infected

     

            Abstract           

    Lisovaya Anna

    Vladimirovna  

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    On the Issue of Image Rights Protec-tion on the Internet 

    Scientific and technical progress has allowed to store various information on the Internet. However, information protection on the Internet is not properly regulated in the international legal acts and the national legislation acts. The presence of many deficiencies and rising amount of litigations in Moscow connected with the intellectual property rights serve as the reason for writing this scientific work. The author proposes to make changes in the effective civil legislation concerning the intellectual rights. In particular, it is proposed to implement the norms of international agreements in the field of copyright into the legislation of the Russian Federation in order to provide image rights protection on the Internet. The author comes to the conclusion that the greater Internet access and widespread switching to images in digital format leads to increasing number of cases of rights abuse in this field. To protect the images right on the Internet and to prevent rights abuse, the authour proposes not only to set the precise term ‘image’ at the legislative level, but also to thoroughly study the experience of the states which legislation is similar to that one of the Russian Federation.   

     

     

    Key words: copyright, image rights

     

     

     

     

    Rudenko Evgeniya

    Yuryevna, 

    Usenko Anatoliy

    Sergeyevich

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    The Notion of Holding Company and Its Members 

               Abstract  
      The authors examine the issues covering holding companies and their members. Nowadays, holding companies are one of the most widespread form of business companies. According to the authors’ opinion, practice of creating holding companies and their functioning lack legal regulation. The authors are of the opinion that holding companies should be examined both in the narrow and in the broad sense of the word. In the first case, holding is defined as a structure created under a legal construction “parent company– subsidiary company”. In the second case, it is an aggregate of persons consisting of several business companies in which individuals, being founders due to their dominant interest in the authorized capital stock, define the decisions of such companies. The article touches upon various scientific approaches to defining the notion of holding and holding company in Russian legal literature. The authors come to the conclusion that these two notions should be generally considered as synonymous, though, due to lack of a legal definition, it is convenient to mean by a holding an association of artificial persons and by a holding company an artificial person which has the right to influence the acitivity of the other artificial persons in the holding and their decision-making
     

     

    Key words:holding company, subsidiary company, parent company

     

            Abstract           

    Usenko Anatoliy

    Sergeyevich, 

    Usenko Sergey

    Valentinovich

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    International Legal Aspects of Counteraction Against Corruption

    Imperfection of the effective criminal legislation and raising number of criminal cases serve as the reason for writing this article which touches upon international legal aspects of counteraction against corruption. In this article, the authors examine the notion of corruption and corruption crimes which take place within the Russian Federation and beyond its borders, as well as the primary causes which lead to corruption. Transnational crimes in the field of corruption are analysed. The authors come to the conclusion that it is necessary to make certain adjustments to the national legislation in order to counteract corruption on a world scale. An issue on interaction of corruption with transnational organised crime is brought up. According to the authors, this interaction is connected with the fact that governments of a number of countries do not have enough legitimacy and authority. The authors consider it necessary to toughen the punitive measures for corrupt actions in the criminal and the administrative legislation and to exercise control of the activity of the state apparatus. Such measures will make it possible to lower criminogenic indicators of corruption both as an international phenomenon and at the level of national legislation   

     

     

    Key words: corruption, criminogenic indicators, transboundary crimes, lobbyism, favouritism

     

     

     

     

    Shamanayeva Natalya

    Mikhaylovna

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    Political Socialization of the Young People in Khabarovsk Krai

               Absract  
      The article describes the specifics of the process of political socialization of the the young people in Khabarovsk Krai and provides insight into realisation of the interests of the youth. Nowadays, the development process of political socialization of the young people takes place in the Russian Federation, as in democratic state. The author analyse the issue on political socialization of the young people in general and on the state of political socialization in the territory of Khabarovsk Krai in particular. It is proposed to pursue efficient and not nominal youth politics. The author comes to the conclusion that it is necessary to raise the level of political activity of the young people through organization of events aimed at raising electoral activity: holding various meeting and round tables, creation of political clubs. The author also raises the question on means of involvement of the young people in politics and of using the most effective social and political measure. As the result of examining the practical problems, both theoretical and practical ways how to solve them are proposed. The author’s propositions may help to involve the young people in taking part in the political processes and to create conditions for political self-realization of the youth, for their real entry into politics, and for formation of civil society.
     

     

    Key words: political socialization, nominal youth politics, electoral activity

     

            Abstract           

    Shanin Dmitriy

    Nodarovich 

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    Metal Foam: Structure, Production Process, Structural Application 

    With the development of new technologies, scientists find more possibilities of modification such tradition materials as concrete or metal. Recently, the most preferable materials are ones which combine such qualities as durability, lightness, and cheapness. One of the most promising modifications of the metal is metal foam. In this article, the author examines the structure of the metal foam, production methods, as well as its structuralapplication. Metal foam is an alloy with a porous structure which is obtained in the process of metal foam production by the liberation of gas which foams the metalilc melt. Voids constitute a dominant part of the whole volume of the metal foam. Such structure allows to absorb noise and vibration. Due to their lightness, metal foam products are widely used in different branches of industry. Among such products, the author names aluminium sandwich panels which consist of three layers of metal: firm external layers and an internal layer of foamed aluminium. Aluminium sandwich panels are mostly used in aircraft construction and shipbuilding. The author comes to the conclusion that, despite all the advantages of metal foam, there are still a number of problems connected with optimization of making metal foam products.   

     

     

    Key words: metal foam, aluminium sandwich-structured composite

     

     

     

     

    Kotyara Dmitriy

    Florentiyevich

      

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    Spelling of Proper Names in Russian Scientific Publications

               Abstract  
      Since the spelling rules of the Russian language do not cover all the peculiarities connected with the spelling of proper names, those persons and organisations which prepare texts of all kinds for publication face the necessity to adopt both the rules of foreign proper names Cyrillisation and the rules of Russian proper names Romanisation on their own. In connection with that fact, the following rules of Cyrillisation/Romanisation can be named: orthographic, or practical, transcription, used primarily for writing foreign proper names in Russian, and transliteration, used (in this context) for writing Russian proper names in Roman script. The author differentiates these two notions and outlines their area of use, stating what needs to be taken into account by writing proper names both in scientific publications in Russian language and in works written by Russian authors in a foreign language (first of all, in English) with regard to the specifics of this stratum of texts. The author formulates a number of common guidelines for writing proper names in Russian scientific publications, however, these guidelines can be applied not only to scientific works, since the majority of the propositions is also true of all the other kinds of texts.
     

     

    Key Words: orthographic transcription, transliteration, Cyrillisation, Romanisation, proper names, Russian language

     

     

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