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    No. 8, December 2017

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    № 8, декабрь 2017

    Table of Contests                   
                           

     

      Aksaridi Parfena

    Nikolayevna

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    Ecological Consciousness and Ecological Culture is the Only Sure Way to Solve the Environmental Problems

         Abstract        
      This article focuses on the importance of environmental consciousness and environmental culture. Currently, the issues of interaction between human and nature have become more topical than ever, since human activity has harmful effects on the environment. There is a need not only of environmental protection, but also of formation of ecological consciousness and ecological culture. One must remember that human is only a part of nature, one should rely on understanding of the laws of nature and treat nature well. This is possible only if each person’s ecological culture is on a decent level, if each person possesses environmental and moral consciousness which begin to develop in early childhood and continue to develop throughout the whole life. Each of us needs to know the ecological norms and the rules of conduct, but we also need to comply with these norms. The problem of ecological upbringing and education is touched upon in Articles 71–74 of the law “On Environmental Protection”. Once can cite many examples of human life that characterise both low and high level of ecological culture. The article also considers the effects of the poor environmental education on the example of the estuary in the city of Anapa. e
     

     

    Key Words: ecological consciousness, ecological culture, ecological upbringing, ecological education, ecological problems

     

            Abstract           

     

    Blok Yuriy

    Aleksandrovich, 

    Spasova Natalya

    Eduardovna 

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    State Management in the Field of Environmental Protection 

    The article considers a wide range of issues of public administration in the field of environmental protection not only in the Russian Federation, but also in some foreign countries. These issues include: inconsistency of the state authorities in the implementation of public policy by means of public administration, changing the objectives of public policy and management in the field of environmental protection (provision of economic efficiency of the state emerges as such an objective), ignoring changes in the content of environmental function. The authors analyse environmental issues in countries such as India, China, and the Russian Federation. They raise a question about the real interest of the industrial giants of the Asian countries in solving environmental problems. Since public administration in the field of environmental protection is a way of implementing the state’s environmental function, the content of the latter predetermines the boundaries of the state impact on environmental relations. The authors suggest that all natural cataclysms are caused by aggressive actions of the human civilisation against nature. The authors also propose ways to solve the environmental problems of the Russian state and the world as a whole. Only being united, the world community can solve the environmental problems of the whole planet   

     

     

    Key words:  nature, environmental issues, governance, environment.

     

     

     

     

    Generalova Anastasiya

    Andreyevna

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    On the Phiolosophical Aspect of Environ-mental Safety

             Abstract    
      The topicality of the paper is determined by the necessity of providing ecology protection in Russia within its sustainable economic development. The paper considers philosophical reasons for ecological crisis and reveals some issues concerning the change of the human thinking paradigm and priorities of its impact on the environment. The author discusses and determines the main reasons for critical ecological situation in the world, such as techno-reforms, the supremacy of the economic paradigm of thinking, and ethical and aesthetic aspect. The author gives basis for the fact that the sustainable development of Russia and worthy quality of life of its population directly depend on certain ethical values in the society, which could let the humanity to adequately estimate ecological changes. The possibilities to come out from the ecological crisis in the context of the teaching by Vittorio H¨osle are considered. The author assumes that the humanity in the current stage of its development is not ready to refuse engineering activity products what gives the reason for scientific and technical progress to be civilised and differ from all the previous technological changes. First of all, it is necessary to think about a possible aesthetic damage. The paper pays attention to the necessity of developing the ways for an absolute legal regulation in the sphere of ecology protection provision in the country..
     

     

    Key words: ecological crisis, technologic reforms, ethics aspect, paradigm of thinking, environment

     

            Abstract           

    Zabolotskiy Fedor

    Pavlovich 

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    Cloning in the Modern World

    This article deals with the issue of cloning which every year is gaining increasing importance with the development of technology, medicine, and science. Cloning at the present stage is a complex set of issues. These questions are not only medical in nature, but also affect the religious, ethical, and legal aspects of our lives. Cloning has its pros and cons. Particularly problematic is human cloning, which is banned in most countries of the world. The imperfection of the technology, the unpredictability of the processes, and the risk of dangers that may arise in future, forcing many scientists to be careful with cloning. However, cloning, being used in medicine, can achieve new results in the treatment of several diseases in the field of transplantation   

     

     

    Key words: cloning, DNA, clones, Dolly the sheep, personality, organs, science, technology

     

     

     

     

    Kalaychiyev Maksim

    Guramovich, 

    Yakovleva Yelena

    Viktorovna 

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    Environmental Problems of the 21th Century from the Point of View of Philosophy

         Abstract        
      In the modern world, the environmental problems became particularly acute. The environmental situation in many regions and countries becomes worse in the beginning of the 21th century. According to the general data, the main cause of worsening of the environmental problems is anthropogenic activity, which causes adverse manifestations of nature, as well as pollution of the environment. Another factor which aggravates the environmental problems is a sharp increase of the world population in the 20th century, which led to increased pressure on the natural environment. Traditional consumer attitude of the human and the society towards nature and resources has also a bad influence on the environmental situation in the world. Enrichment of certain business communities is still carried out at the expense of nature without due regard for the consequences for cyclicity of the natural environment of human habitation. Pollution of the environment is a world problem. In connection with scientific and technological progress, development of industry and transport, the intervention of people in the habitat has become more significant. This also leads to disastrous consequences. In this article, the authors addressed all these major issues and developed possible solutions.
     

     

    Key Words: global problems, environmental risk, ecology, environment, nature, consumer attitude

     

            Abstract           

    Leyba Igor

    Petrovich

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    Fusion Power: Is It a Necessary Energy Source?

     

    The article touches upon the issue of transition from combustible fossil fuel to thermonuclear fusion. The ecological situation of the present day is unfavourable, because our planet is intensely clogged, the atmosphere is polluted by burning fossil fuel during the production of energy and during the work of the vehicle engines. Natural sources of fusion could help to solve many environmental problems. They can serve the humanity in future for peaceful purposes. If we can “tame” this kind of energy, it will be possible not to pollute the atmosphere of our planet, changing the environmental situation for the better. Scientists developed the idea of using fusion reactors. The implementation of these developments is very complex and is not yet perfect, it has many flaws. But the advantage of fusion energy is obvious even now. Particularly, it is so for the ecological state of our environment. The author also touches upon many issues that are not related to the technical side. For example, questions about safe technologies that will not harm our planet. One should also take into account the fact that the new technologies must not be used for military purposes. The scientists who work on this type of energy are aware of the possible consequences of this work and of their responsibility. Both ethical and legal aspects of this issue are under consideration now   

     

     

    Key words:  fusion power, energy, tritium, deuterium, reactor

     

     

     

     

    Petrov Aleksandr 

    Dmitriyevich 

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    The Evolution of the Ideas about the Nature in Philosophy

             Abstract    
      The article takes a thorough look at an issue that concerns the topical now problem of man’s attitude towards nature. The author also examines how this attitude has changed and evolved throughout the historical development of mankind. In addition, the author gives an example that shows the different periods of history which are cardinally different from each other in the views on the role and place of nature in the lives of an individual and of the society as a whole. This work also addresses a particularly acute problem of the modern man’s consumer and even disrespectful attitude towards nature and its resources, including its natural resources. As an example, there are various opinions of philosophers who call people to change not only their outlook towards nature, but also to change their actions. In addition, the text refers to the most objective ways of resolving and overcoming such man’s selfish relationship to the environment which exists today in the modern society. .
     

     

    Key words: philosophy, nature, people, society, relation, steps, existence, principles, mechanisms, time

     

            Abstract           

    Ryzhkova Yekaterina

    Sergeyevna, 

    Yakovleva Yelena

    Viktorovna

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    Careless Attitude Towards Nature as a Violation of the Constitutional Duties by Citizens of the Russian Federation

    The human habitat–the environment is characterized by a combination of physical, chemical, and biological facts which are able under certain conditions to have a direct or indirect, immediate or remote impact on the activities and human health. That is why the problem of human interaction with the environment is very acute now. In the process of life, man is inextricably linked with the surrounding environment, while he has been and remains dependent on its environment at all times. It is through the nature that man meets his need for food, air, water, material resources, recreation etc. So, pollution of the environment is a prerequisite for an ecological catastrophe, which inevitably awaits us and the whole planet, if we do not take all the measures to prevent a negative impact on nature that causes a change in its properties and capabilities. According to many, careful attitude towards nature and its wealth is not only an obligation that is fixed as constitutional at the level of the state, but also the internal postulate of all people inhabiting the planet. The purpose of the presented work is to study the interaction of man and nature and the results of this interaction both at the level of the Russian Federation and at the world level   

     

     

    Key words:nature, man, environment, natural resources, Constitution, responsibility

     

     

     

     

    Savinova Olesya

    Aleksandrovna, 

    Isakova Natalya

    Vladimirovna

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    Visual Environment of the Modern City: Problems and Perspectives

               Abstract  
      The article deals with the issue connected with negative influence of the visual environment of a modern city on the mental and physiological health of a person. Aggressive and homogeneous visual fields are typical for modern architectural structures. In urban areas, there is a conglomeration of monotypic and monotonous buildings with using a lot of glass and mirror surfaces. These and other factors of the urban environment have a negative impact on vision, brain function, cause psychological and physical discomfort. Modern architects often aspire to minimalism. The visual environment of the city is impoverished. This leads to negative social consequences: rapid fatigue, aggressive behavior, and mental imbalance. A natural environment is considered comfortable for a person. It has many smooth lines, a variety of colors and shades, many elements to fix the look. Enjoying the harmony of natural species, a person begins to experience a sense of satisfaction. Therefore, it is necessary to create a harmonious architecture. Monotonous urban architecture should be diluted with art objects, bright drawings should be painted on buildings, one need to plant green streets and to break flower beds. Changes in the street environment contribute to improving the overall appearance of the city. This reduces the degree of social tension of the citizens
     

     

    Key words:ecology, city, visual ecology, visual field, aggressive field, homogeneous field, mental health, harmonious architecture.

     

            Abstract           

    Chut Valentina

    Mikhaylovna, 

    Vasilyeva Anna

    Sergeyevna 

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    Urban Ecology: Road Transport

    The issue of ecological safety of the cities became one of the global ones and now it requires immediate solutions. The article tells about the impact of the motor transport on the environment of the city of Krasnodar. The purpose of this article is to awaken the ecological consciousness of the reader. In the process of functioning of transport, a huge amount of dust and toxic substances get into the atmosphere, high noise levels are created, soil and water reservoirs become polluted, all these factors have a harmful effect on human health. The authors consider the ways to solve this problem: strengthening control over the technical condition of road transport; organisation of construction of ecological posts; using ecological types of fuel; transition to electric vehicles; transition to solar vehicles; supplying the exhaust pipes of cars with converters of exhaust gases, for example, catalyst converters; creation of a zone of green plantings along roads; utilisation of car tires. It is important not to forget about the other sources of environmental pollution. It is necessary to approach a solution in a complex. It is impossible to realise all the events needed for maintaining purity of our planet at once, but all people need to support the initiative, despite their age or social status. One should start making small steps to improve the normal situation around yourself, because they will be of great importance   

     

     

    Key words: road transport, ecological consciousness, electric car, global problem, solutions

     

     

     

     

    Alekhin Vitaliy

    Petrovich, 

    Lozhnikov Oleg

    Nikolayevich, 

    Drozdov  Yevgeniy

    Andreyevich

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    The Issue of Petty Theft in the Criminal Code of the Russian Federation

               Absract  
      The article considers topical issues of criminal law assessment of petty theft (Article 158.1 of the Criminal Code of the Russian Federation). The active administrative legislation of the Russian Federation describes a petty theft as follows: a theft of another person’s property which value does not exceed two thousand five hundred roubles by means of larceny, fraud, misappropriation, or peculation in the absence of the features fixed in the criminal legislation. A petty theft does not make significant damage and the victim may quickly get compensation for the damages done. However, in case of a petty theft committed by a person subjugated to administrative punishment for a petty theft of another person’s property with the value more than one thousand roubles, but no more than two thousand five hundred roubles, the person who committed the crime is brought to an action. The authors notice that in order to call a person to account, the form of theft is not important, however, robbery and plundering cannot be regarded as a petty theft and regardless of the value are always considered to be a crime. The authors give their own point of view on the petty theft and give an example from the court practice
     

     

    Key words: petty theft, shoplifting, administrative prejudice, criminal responsibility, humanisation of criminal legislation

     

            Abstract           

    Kolesnikova Viktoriya

    Aleksandrovna, 

    Makhmutova Mariya

    Rakhimzhanovna 

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    The Issue of Adoption of Same-Sex Couples in the United States

    This article considers the topical issue of adoption by same-sex families, both abroad, in the United States, and in the Russian Federation. Modern development of assisted reproductive technologies, changes in family forms, and liberalisation of attitude towards same-sex marriage put on the agenda the issue of legal regulation of relations that are formed in families created by two persons of the same sex. The fact of the formation of such families, as well as the need to protect the interests of children raised in the above-mentioned families gradually find their recognition at the international level. Many countries of the world have long been for LGBT couples to be granted the same marriage rights as traditional ones. And only after it was achieved, a question on adoption of children rose, which is now topical and concludes with positive results. The authors come to the conclusion that the influence of the global LGBT organisations on the legalisation of same-sex marriages in the Russian Federation has no effective result. Accordingly, it is not possible to adopt children with same-sex couples in the Russian Federation. This problem is relevant only for the Western countries   

     

     

    Key words: adoption, same-sex couples, legalisation of same-sex unions, education of children with same-sex couples.

     

     

     

     

    Golovchanskiy Nikita

    Vladimirovich

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    Some Legal Aspects of Implementing a Distance Employment Contract with Foreign Citizens

               Abstract  
      Development of the information and telecommunication network Internet and the improvement of the international division of labour opened the opportunity for Russian and foreign citizens (subjects) to conclude an employment contract with a foreign employer and to carry out their work activities remotely. The absence of legal regulation in the Labour Code of the Russian Federation of the distance work of an employee with a foreign employer or a domestic employer with a foreign worker engaged in remotely working activities is of interest both in theoretical and in practical terms. The author comes to the conclusion that in order to determine the applicable law, it is necessary to follow international treaties of the Russian Federation with foreign states on legal assistance in labour matters. In the absence of such agreements, it is necessary to apply the law of the state on the territory of which the employee will perform his labour function remotely
     

     

    Key Words: remote labour contract, foreign worker, applicability of law

     

            Abstract           

    Golovchanskiy Nikita

    Vladimirovich

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    Labour Contract with Foreign Citizens in the Russian Federation

    The development of international commercial relations, the application of the model of the international division of labour, and diversification actively promoted the participation of the Russian Federation in the worldwide movement of capital, goods and services, including labour. The author studies the content of the norms of the Labour Code of the Russian Federation regarding the employment contract with foreign citizens. The relevance of the topic of this scientific research lies in the fact that the formation of the domestic labour market of foreign citizens is of particular interest for the modern economic model of Russia. The author emphasises that the main feature of the conclusion of an employment contract is the achievement by a foreign worker of eighteen years of age and the existence of a work permit (patent). It is proposed to supplement Chapter 50.1 of the Labour Code with provisions establishing a special labour regime for foreign citizens of various categories, the procedure for upgrading the skills of foreign workers. In the author’s opinion, in order to unify the provisions on the regulation of labour of foreign citizens, there is a need to develop a separate federal law whose norms will regulate the work of foreign citizens and stateless persons.   

     

     

    Key words: : : labour contract, foreign citizen, residence permit, patent.

     

     

     

     

      

    Deyneka Pavel

    Sergeyevich

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    Deprivation of Parental Rights as a Measure of Family and Legal Responsibility

             Abstract    
      Family law fixes a priority in the upbringing of children for their parents. Every child has the right to live and be brought up in the family, the right to live together with the parents and to be raised by them, the right not to be separated from the parents against their will, except when this is contrary to the interests of the child. In case of causing mental or physical harm to the health of the child and his moral development by the parent, such measures of family and legal responsibility as deprivation of parental rights will be applied against such a parent. It is noted that the deprivation of family rights is the most severe punishment for parents. The author concludes that the deprivation of parental rights is a measure of family and legal responsibility, which is aimed at protecting the interests of children and entails legal consequences for the parents. The author considers it necessary to fix the concept of deprivation of parental rights at the legislative level and give it as follows: deprivation of parental rights is a measure of responsibility aimed at protecting the rights and legitimate interests of children and entailing consequences for parents in the form of the loss of all rights based on the fact of blood relationship with the child
     

     

    Key Words:  deprivation of parental rights, family and legal responsibility

     

            Abstract           

    Kuanova Zarema

    Akhmedovna

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    Problematic Issues of Challenging the Debtor’s Transactions in a Bankruptcy Case of an Individual 

    High level of social tension and decrease in real incomes of the population, caused by changes in the financial situation in Russia, have become the reasons for the legal establishment of the institution of bankruptcy of a citizen in the insolvency (bankruptcy) law. One of the novels of this institution, considered in this article, is the provision on challenging the debtor’s transactions in the case of bankruptcy of a citizen. The institution of challenging a transaction is one of the most effective instruments used to protect the rights of creditors. Analysis of the provisions of the insolvency (bankruptcy) laws regarding the specifics of contesting the debtor-citizen transaction demonstrates the reference character of this rule of law on the provisions applicable to legal entities. The author notes that the application of Articles 61.2 and 61.3 of the Federal Law “On Bankruptcy” is difficult in practice, since proving the circumstances necessary to recognise the transaction cause difficulties. The author comes to the conclusion that for more effective use of the institution of challenging transactions in the bankruptcy of individuals, it is necessary to regulate in more detail the specifics of challenging the transactions of debtors, as well as to expand the list with the criterion that is necessary for recognising the transaction as invalid.   

     

     

    Key words:   bankruptcy, arbitration court, transaction, disputing transactions

     

     

     

     

    Kuanova Zarema

    Akhmedovna

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    Topical Issues of Conciliation Procedures in a Insolvency (Bankruptcy) Case of Legal Entities

             Abstract    
      The author analyses the norms of the Federal Law “On Insolvency (Bankruptcy)” in regulating the provisions of conclusion of an amicable agreement between the debtor and creditors. The resolution of the dispute by the parties themselves on mutually beneficial terms through the approval of the settlement agreement is widely used in lawsuits, in administrative proceedings, and in the production of insolvency cases. The statistical data of the Court Department of the Supreme Court regarding the number of approved peace agreements are analyzed. Based on these data, it is concluded that this procedure is almost not applied in insolvency cases. In the author’s opinion, this is due to the inadequacy of legal regulation: there is no legislative consolidation of the definitions, on the basis of which one makes decisions on the acceptance of a settlement agreement. The author comes to the conclusion that the settlement agreement is a rehabilitation procedure of insolvency (bankruptcy) which, in case of its approval, leads to the termination of proceedings on the insolvency case and allows the founders to retain the legal entity. This procedure should be regarded as a reasonable compromise, to which the majority of creditors and the debtor
     

     

    Key words: insolvency, settlement agreement, balance of the debtor’s and the creditor’s interests.

     

     

            Abstract           

    Shutko Denis

    Dmitriyevich

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    The Issues of Bankruptcy of Foreign Citizens in the Russian Federation 

    In the given work, the author studies various sources of legal regulation of bankruptcy of foreign citizens in the Russian Federation and examines the topical issues of beginning the process of bankruptcy of a foreign citizen. The article touches upon the scope of rights and obligations of foreign elements in Russia in comparison with Russian citizens. The author gives examples from the arbitral court practice. Individual persons with a second citizenship (alongside the Russian one) are subjects to the Russian legislation in case they are living in the territory of the Russian Federation. The legal system of Russia is, in this case, “a personal law” of the foreign citizens who have been living in the Russian Federation for a long time. The author notes that a foreign citizen has the right to begin a procedure of their insolvency (bankruptcy) in Russia on the basis of the following: according to Part 3 Art. 62 of the Russian Constitution, foreign citizens have the same rights and obligations as the citizens of the Russian Federation, except the situations defined by the federal legislation or an international agreement signed by the Russian Federation   

     

     

    Key words:  : bankruptcy, foreign citizens, judicial system of the Russian Federation

     

     

     

     

     

    Silayeva Elina

    Yevgenyevna, 

    Sayfetdinova Natalya

    Raifailovna 

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    Methodical and Practical Aspects of Plant Production Planning

             Abstract    
      The importance of planning the activities of organisations is growing, as the success of the work in the market conditions will not be achieved without a full and clear picture of the results and consequences of decisions, without developing reliable benchmarks and a real action plan. Planning is primarily a decision-making process, which provides an opportunity to ensure the effective operation and development of the company in the future, to reduce uncertainty. A comprehensive analysis of the economic state of agriculture and other branches of the agro-industrial complex, the recording of scientific and technological progress, the correct formulation of tasks and directions for their solution, the interconnection of planned norms with resource capacities and internal reserves of the enterprise will ensure a high growth in the efficiency of social production. In a market economy that does not exclude the spontaneity of economic ties, the role of planning in the management of the organisation is significantly increased. No business can be started and effectively conducted without a well-rounded plan in advance with the expectation of success. Planning allows choosing the shortest ways of rational use of production resources, increasing the competitiveness of products, profitability of the enterprise. The main element of planning for an enterprise is the drawing up of a strategy for its activities. The purpose of developing the enterprise development strategy is to identify the main directions of its effective functioning on the basis of the maximum implementation of the existing scientific and technical potential in conjunction with inhouse reserves and the external environment.
     

     

    Key words: planning, analysis, reserves

     

            Abstract           

    Demin Aleksey

    Alekseyevich

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    Rates of Variability of the Shells of Lymnaea Ovata (Gastropoda) in the Pond near Migna, 
    Krasnoyrask Krai

    The article touches upon the description of results of studying the variability of the pond snail Lymnaea ovata. In order to do so, the author used the data on five morphometric parameters of the shell. The animals were taken from the pond located near the settlement of Migna (Yermakovskiy District, Krasnoyarsk Krai). To make a more detailed description of the range of the indexes variation, the variation range obtained during the measurement was divided into seven classes according to size and age. The research showed that the values of the coefficient of variation decreased with increasing age of the molluscs. For example, the the difference between clams from the sixth and the eleventh dimensional and age classes in such a parameter of shell as its height decreases by more than 2.5 times, from 5.19% to 2.06%. For representatives of these classes by the height of the mouth, the coefficient value is reduced from 8.98% to 5.29%, or in 1.7 times, and in such a parameter as width of mouth–1.3 times, from 10.72% to 7.98%. The data obtained can be used for comparative characteristics of the oval of the pond snail from other water bodies and watercourses.   

     

     

    Key words: Gastropoda, Lymnaea ovata, Krasnoyarsk Krai

     

     

     

     

      

     

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