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Alekhin Vitaliy Petrovich, Samsonenko Yuliya Alekseyevna Read the Article: On the Issue of Reasona-bility of Considering the Murder of a Newborn Child by Its Mother to Be a Murder Under Extenuating Circumstances |
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| In modern Russian science of criminal law, there is a debatable question regarding the legal nature of Article 106 of the Criminal Code of Russia, which the legislator considers to be privileged, i.e. a murder under extenuating circumstances. Whether this attribution is fair and well-grounded is the main question that the authors of the article tried to answer. This article analyses the elements of the murder of a newborn child by its mother, and it is revealed that the provisions of this article don’t expand sufficiently the elements of the crime. Special attention is paid to the review of judicial practice in such crimes as the murder of a newborn child by its mother. The authors take the position according to which the mother has the intention to take the life of a newborn child long before its birth, and therefore it cannot be considered to be under extenuating circumstances. No posttraumatic situation, which is considered as an mitigating circumstance in the current version of the article, also cannot justify this act of the mother towards her newborn child. The authors set out a proposal for improvement of Article 106 of the Criminal Code, which involves changing some of its provisions, in particular, its disposition, as well as toughening of the penalties for the committed act | |||||||||||||||
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Key Words: murder, mother, newborn child. |
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| Abstract |
Bashtovoy Daniil Aleksandrovich |
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| This article touches upon the means of protection of the rights on agricultural lands. The author analyses such means as appeal of illegal decisions taken by public authorities and of acts of local bodies and such means as restoration of the provisions that existed before a right was breached, including crimes connected with land. The author studies the court practice of applying these protection means in case of agricultural lands. He also notes that restoration of the provisions that existed before a right on agricultural land was breached may be combined with claims for reparation of actual damages and loss of profit, actio negatoria, recognition of a deal as invalid, and many other protection means. According to the author, restoration of the provisions that existed before a right was breached should be applied in case of breach of land and ecological norms (land damage). Among the protections means that are not present in Chapter 9 of the Land Code of Russia and in Article 12 of the Civil Code of Russia, one can also note the following ones: actio negatoria, replevin, claims for rights and obligations transferring to the person whose priority right was breached, claims for recognition of a right as null. |
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Key words: agricultural lands, rights protection, right recognition, right restoration. |
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Bogdasarova Alina Artemovna On the Issue of Introduction of Intellectual Rights as a Part of the Turnover of an Organisation |
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| As a result of economic globalisation and unification of various customers’ needs, organisations take an active part in integration processes, pooling intellectual resources for perspective markets. The process of acquiring intangible assets – objects of intellectual rights – is a long-term investment of by an organisation, because buying them at the expense of the current expenses would be wrong. Alongside with the traditional factors of production, objects of intellectual property are production force and one of the main grounds for emerging of innovation economics, they are within the scope of national interests of the Russian Federation. Rightful using of objects of intellectual property can increase the index of investment attraction, professional reputation, and prestige for local and foreign investors and, of course, for customers. A necessary condition for introduction of intellectual rights as a part of the turnover of an organisation is documentary evidence of the presence of the artificial person’s right on the results of intellectual activity and the individualisations means which have the same status. According to the author, the results of intellectual activity and the individualisations means which have the same status should carry their value to the cost of work (services, production in whole). The author proposes to supplement the content of the album of unified forms as regards the objects of intellectual property | |||||||||||
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Key words: intangible assets, objects of intellectual property, managment of intangible assets |
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| Abstract |
Golovchanskiy Nikita Vladimirovich Read the Article: |
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| Along with the classic penalty, the current practice of contractual relationship comprises such non-defined means of securing the fulfilment of an obligation as nonmonetary penalty (penalty for goods, proprietary penalty). The fact that the courts distinguish the non-monetary penalty as another, non-defined means of fulfilment of an obligation on a par with the means provided by the civil law underlines the topicality of the given scientific research. The author notes that the characteristic which distinguish the non-monetary penalty from the penalty present in Paragraph 2 Chapter 23 of the Civil Code of Russia is the fact that the object of a non-monetary penalty will be a specific thing (penalty for goods), a performed work, a provided service. According to the author, the object of a non-defined non-monetary penalty is defined by their generic features and moveable things that are part of the civil turnover and subject to replacement. It is necessary to notice that a penalty agreement let the creditor, in case of non-fulfilment or improper fulfilment of the main obligation, recover from the debtor a specific thing (work, service) that is stated in such an agreement by means of its flat transfer (execution, rendering). By its design, such a flat transfer is similar to the model of fine (penalty). |
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Key words: debtor, creditor, obligation, penalty, penalty for goods, means of securing the fulfilment of an obligation. |
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Dizhichkin Vladislav Olegovich Presumption as a Method of Legal Writing and as a Rule of Law |
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| The dual character of legal presumption, which is both a method of legal writing and a rule of law, arises numerous debates in the legal science and in the law enforcement practice as regards its legal understanding. The author examines legal presumption as a method of legal writing and a rule of law. Legal presumption as a method of legal writing is a probability supposition. The legal nature of this notion is based on interconnection between various facts in a form of statistical regularity which, in its turn, brings us closer to the truth but cannot fully secure revealing it. The author comes to the conclusion that legal presumption cannot be only attributed to legal writing, as this legal category has the features that contain regulation of social relations. It should be considered a notion with a dual character. Understanding of legal presumption as a method of legal writing consists in the fact that this legal category does not need any additional impact factors for reasoning the legal provisions. On the other hand, legal presumption is a rule of law which artificially meets a lack of an element of legal regulation. | |||||||||||
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Key words:legal presumption, rule of law, legal writing. |
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| Abstract |
Marukhno Vasilisa Mikhaylovna, Rudenko Yevgeniya Yuryevna Read the Article: Public–Private Partnership as a Way to Ensure Energy Conservation |
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| In this article, the authors consider the peculiarities of public–private partnership in the field of energy sector with reference to the introduction of alternative energy sources. The authors analyse various forms of public–private partnership, as well as the prospects for its functioning in the Russian Federation. The paper explores the issues of infrastructure bonds and their understanding in international practice, notes the advantages and disadvantages of infrastructure bonds in relation to “green” energy. The issue of concession arrangements, the basis of which is concession agreements, is also considered. The authors conclude that for large-scale projects, which include the introduction of alternative energy sources, concession mechanisms will allow the Russian Federation to save and multiply infrastructural facilities. The issue of shared financing of projects (with the participation of the Russian Federation, its subjects, municipalities, private business and the public) is being addressed. The authors give examples of the introduction in the Russian Federation of a public-private partnership in the energy sector. At the same time, the authors of the article note that the current regulatory framework for the functioning of public-private partnership in the field of “green” energy is missing, which in turn inhibits private investment in the energy sector in general and alternative energy in particular |
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Key words: renewable energy sources, non-traditional energy sources, public–private partnerships, energy law, infrastructure bonds, concession mechanisms, equity financing of infrastructure projects. |
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Mikhalevich Yelena Olegovna Some Problems of Legal Qualification of Article 106 of the Criminal Code of the Russian Federation |
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| In this article, the author examines one of debatable questions in legal literature: murder of a newborn child by its mother. This paper raises the issue of the age of criminal responsibility and the lack of a precise definition of the notion of mother when qualifying the crime. The author proposes the ways how to solve these problems in order to prevent and suppress this crime. According to the author, the notion of maternity should be understood in accordance with the medical and sociological criteria. Thus, by the word “maternity” one should understand the function of the female organism which is aimed at human reproduction and includes biological (child-bearing, delivery, and infant feeding) and social (upbringing of a child as a future citizen of the country) aspects. The author proposes to lower the age of criminal responsibility for murder a newborn child by its mother. Also, due to modernisation and progress of medical sciences, it is needed to make changes in Article 106 of the Criminal Code of the Russian Federation by replacing the word “mother” with the words “confined woman” because the wording “murder of a newborn child by the confined woman” would be more appropriate from the point of view of understanding and interpreting of this rule of law | |||||||||||
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Key words: mother of a newborn child, surrogate mother, age of criminal responsibility |
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| Abstract |
Mikhalevich Yelena Olegovna Read the Article: On the Issue of Correlation Between the Categories of Auditing Practice, Audit, and Other Audit-Related Services |
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| Auditing practice is of great importance in modern economy. In order to prevent adverse consequences, the legislative system of the Russian Federation has the institute of audit, an independent inspection of the financial reports of the audited person. The author notes that auditing practice is a general notion which includes such notions as audit, audit-related services, and other audit-related services. At the same time, auditing practice and audit may differ in the results of the provided services. It is noted that the result of auditing practice may be expected economic indexes, an accounting and control system, qualitative characteristics of a formed administrative structure. The result of audit may be a conclusion about the state of the financial reports. According to the author, providing of other audit services is a promising direction in the activities of audit organisations or individual auditors. The result of rendering other audit services should not lead to financial sanctions from tax and other public authorities imposed on the organisations which underwent an independent inspection of their financial reports |
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Key words: auditing practice, audit, audit-related services, audited persons |
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Ovchinnikova Anna Aleksandrovna, Rasskazov Oleg Leonidovich Some Aspects of Appealing a Decision of the General Meeting of |
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| The authors of this article examine the issues of appealing a decision of the general meeting of shareholders, the issue of defining the persons who have the right to demand declaring a decision of the general meeting of shareholders void and the issue of the basis for nullity of a decision of the general meeting of shareholders. The authors hold the position according to which the right to appeal a decision of the general meeting of shareholders is a legal right, is of private character, and belongs only to that shareholder who had the right to take part in the general meeting even if he bought shares after the moment when the illegal decision had been taken. According to the authors, the decision of the general meeting of shareholders should be divided into challengeable decision and decisions which have no legal effect. The authors point out that the current legislation has no definition of the notion of contradiction to the basis of order and morality. A decision of the general meeting of shareholders is not a deal. There is a necessity to clarify the application of Article 181.5 of the Civil Code of the Russian Federation to the decision of the general meeting of shareholders. | |||||||||||
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Key Words: general meeting of shareholders, joint-stock company, appeal against the decision of the general meeting of shareholders |
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| Abstract |
Pavlenko Vladislav Sergeyevich Read the Article: Family Legal and Civil Legal Regulation of Proprietary Relations of Spouses in the Context of Activity of Corporate Bodies |
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| Nowadays, one can observe a tendency towards expansion of intersectoral relations between civil and family legislation which consists, in particular, in legal regulation of proprietary relations between spouses. From the time of marriage, new public relationship is formed between the spouses which strongly influence not only the legal status of the spouses, but also their relations with third persons, society, and the state. The author point out that a consent of the other spouse is needed when civil legal deals are being made, including business activity. The author notes that in regulation of every proprietary relationship of the spouses, especially that connected with business activity or corporate right of administration in case of an artificial person, one should take into account both its specifics and the relevant legal norms. |
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Key words: spouses, joint estate, business activity, deal, shares |
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Podlesnyy Aleksey Andreyevich Read the Article: On the Issue of the Notions of Multimedia and Multimedia Product as a Complex Object of Copyright |
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| Adoption of the Part IV of the Civil Code of the Russian Federation conditioned the changes in using the results of intellectual activity as a part of a complex object, with the multimedia product obtaining legal consolidation among the complex intellectual property objects. The absence of the legal definition in legal literature and of law enforcement practice underlines the topicality of this research. There is a necessity of understanding the notions of multimedia and multimedia product. According to the author, multimedia is a creating process, with the use of special design and technological knowledge, of designing visual and audiovisual content; creating animation, special effects, graphic and other visual images; creating web sites and applications by joining together graphic, textual, animation, sound and video materials, and other interactive means. Accordingly, the result of such activity will be a multimedia product. | |||||||||||
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Key Words: multimedia, multimedia product, animation, multimedia designers. |
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| Abstract |
Fruslov Danil Gennadyevich Individual Mediation Regulation in the Structure
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| Facts of negative appraisal of work of arbitral courts and courts of general jurisdiction which occur in our society make for necessity to develop additional means of protection of legal rights and interests, including extrajudicial ones. One of these additional means is the institute of mediation procedure. The result of carrying out this alternative procedure of settlement of disputes is conclusion of a mediation agreement. Mediation agreement is very important in settlement of disputes because its conclusion serve as a basis for origin, changing, and termination of the rights and liabilities of the parties to a disputable legal relationship. When concluding a mediation agreement, the parties provide not only for formal agreements on further regulation of disputable legal relations, but also for a whole range of positions aimed at harmonisation of their interests for further cooperation. The author comes to the conclusion that: individual mediation regulation is regulation of public relationship subsidiary to legal regulation; a ground for asking assistance of a neutral (third) person is the presence of a dispute; individual mediation regulation is carried out towards the disputable legal relationship that served as a ground for asking assistance of independent persons and/or organisations in order to settle the dispute by concluding a mediation agreement. |
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Key words: mediation, mediation procedure, individual mediation regulation. liability, legislation, dominus, gestor, interest, delegation |
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Simakov German Aleksandrovich Development of Tax Investments into the Agro-Industrial Complex Under Modern Conditions |
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| This article touches upon the problems of ensuring food security in the Russian Federation. The author establishes the separate reasons of the agrarian sector crisis, considers the operating mechanism of stimulation of investments into agriculture under the conditions of food security threat in the country, and states the directions of stimulation of investments. The authors also studies the problems of effective use of agricultural resources for food purposes and reveals the reasons of the crisis situation in agriculture: first of all, they are unprofitability of the agricultural organisations, borrowing of foreign technologies, technological lag, insufficient attraction of investment resources etc. | |||||||||||
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Key words: agro-industrial complex, tax investments, agriculture, import substitution, dynamics of agro-industrial complex development, sustainable development, national interests, food independence |
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Simakov German Aleksandrovicha Read the Article: The Agro - Industrial Complex of Krasnodar Krai: Achievements, Problems and Ways to Solve Them |
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| This article considers the value and essence of the agro-industrial complex of Krasnodar Krai. The author analyses the current state and problems of functioning of the agro-industrial complex of Krasnodar Krai, as well as the measures taken in this direction. The author defines a strategy of development of the complex which is based on realisation of the economic mechanism of sustainable development. In order to make the policy of import substitution effective and to let it provide the population with highquality and affordable vegetables, it is necessary to increase the production of vegetables. For the further development of the agro-industrial complex, it is necessary to carry out complex mechanisation, chemicalisation of agriculture, land development; to increase the power availability per worker in agriculture, to improve the production technologies in use |
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Key words: import substitution, investments, production, agricultural policy, budget, mechanism of sustainable development, agro-industrial complex. |
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Simakov German Aleksandrovich The Features of Development of the Agro - Industrial Complex in the Russian Economy |
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| This article considers the features of development of the agro-industrial complex in the field of economy of the Russian Federation. The author gives his definition of agroindustrial complex and examines the fields of food and agricultural raw materials supply in the country, as well as the problems which hinder the normal, balanced development of all the agro-industrial complex. The author studies the essential economic factors of placement and specialisation of agricultural production. He also analyses the indicators of effective use of the state monetary investments, namely the growing efficiency of peasant farms, personal subsidiary plots, field works; the state also pursues a policy aimed at providing profitability of all the spheres of agriculture production. Investments into the human capital are expenses which promote productivity increase. These investments aren’t auxiliary, they are intended for production process service in the same way as direct investments into fixed assets. These investments can come from the state (government), non-state public funds and organisations, regions, separate firms, households (individuals), international funds and organizations, and educational institutions. The attention is focused on raising efficiency of functioning of the field of agro-industrial complex, it is necessary to work on the direction of necessary funds for development of technology, retraining and providing courses on professional development of workers. | |||||||||||
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Key words: investments, agro-industrial complex, investment into human capital, problems of investing, economic factors, development of the agro-industrial complex |
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