Bulletin 1-2017

Вестник № 1-2017 (Download)

№ 1 / 2017

Anosova A. V. Standard and Legal Regulation of Questions Against Corruption in Russia in the Second Half of XIX — the Beginning of the XX Centuries

Anosova Alexandra Vladimirovna — the post-graduate of the Theory, History of State and Law and Philosophy Chair of the All-Russian State University of Justice (Moscow), aleanosova@yandex.ru.

In article standard and legal regulation is considered questions against corruption in Russia in the second half of XIX — the beginning XX centuries. The legislation of this time reflected system corruption and the related acts, various on legal character. Domestic experience of the organization and implementation against corruption in to the second half of XIX — the beginning of the XX centuries in large part carried system character.

Corruption; corruption offenses; bribery; official; civil Servant

Golovinov A. V. The Concept of Representative Government in the Political and Legal Ideology Regionalists

Golovinov Alexander Viktorovich — the assistant professor of the State and Legal Disciplines Chair of the Ural branch of the Presidential Academy, PhD in law (Barnaul), alex-golovinov@mail.ru.

As part of this publication analyzes the views regionalists emergent problem of representative government. The author found that the Zemstvo and the Regional Duma for the Russian direction of the political and legal thought were the equivalent of a Western European civil society.

Regionalism; district council; representative power; G. N. Potanin; N. M. Yadrintsev; federalism

Dutkovsky E. V. The Patterns of Social Behavior Reflected in Acient Russiаn Myth and the Regulatory Potential of the Acient Russiаn Myth

Dutkovsky Elisey Vitalevich — the teacher of the Education and Legal Disciplines Chair of the All-Russian State University of Justice (Moscow), elisey.7602@mail.ru.

The article is devoted to analysis of social behavior and regulatory capacities of the ancient epos on the example of Russian epics. It discusses the characters and the detection of deviations of their behavior. Identified the process of forming social norms of the leading behavior patterns, and the inverse influence of social norms on behavior patterns.

Right; custom; social norms; social behavior; mythology; Justice

Nagikh S. I. Patriarchal Theory of R. Filmer and Family Theory of the Origin of the State

Nagikh Sergey Ivanovich — the professor of the Theory, History of State and Law and Philosophy Chair of the All-Russian State University of Justice, PhD in law (Moscow), sine@mail.ru.

This article analyzes the main provisions of the patriarchal theory of the origin of the state of R. Filmer. The analysis of this theory is based on the concept ofrespect Filmer to three issues: causes and mechanisms of emergence of the state and public authorities as well as the nature of the pre-state condition of society (the theory of “state of nature”).The work depicts a synthetic nature of the doctrine of R. Filmer combining elements of other concepts of the origin of the state and law, primarily theological theory and theory of natural law. It was found that R. Filmer denies the natural state of society based on the principles of the original equality of its members and accordingly its democratic character. R. Filmer defends the transfer of state power by inheritance as a natural and legal mechanism rejecting the theory of the social contract.

The patriarchal theory; R. Filmer; the theory of natural law; the contract theory of the origin of the State; theological theory of the origin of the state

Andrianova V. N. Legal Nature of the Contract of Compensated Rendering of Services Between Operators of Electronic Sites and Participantsof Public Procurement in Electronic Form

Andrianova Veronika Nikolaevna — the post-graduate of the Civil and Business Law Chair of the All-Russian State University of Justice (Moscow), andrianova_v@bk.ru.

The article discusses the legal nature of the contract concluded between the operator of electronic trading platform and the participant purchases. An author’s approach to the concept of a service agreement on the electronic trading platform.

Contract system; state and municipal procurement; service agreement; government contracting; paid services contract; operator of electronic trading platform

Baryshnikov I. S. Application of the Law Principles of Good Faith and Fair Dealing as an Instrument to Support Economic on the Example of Food Supply Market of the European Union

Baryshnikov Ivan Sergeevich — the post-graduate of the Civil and Business Law Chair of the All-Russian State University of Justice (Moscow), bis.92@mail.ru.

In this paper the question of mechanism of the effect of the principles of law and, in particular, the principle of good faith and fair dealing, on the behavior of the participants of civil turnover is reviewed. The Report from the Commission to the European Parliament and the Council “on unfair business-to-business trading practices in the food supply chain” is taken as an example. The author bases his opinion on an analysis of the content of the document, the norms of the civil legislation of the European countries, acts of the European Union, considers the objectives to be achieved by strengthening the principles of good faith and fair dealing in a specific relations, and also makes conclusions about the mechanisms of implementation of the normative content of the principles of law.

Principles of law; good faith; fair dealing; law-enforcement; European Commission; normative content

Gavrikov E. A. On the Topic of «Investment» in Russian Legislations in the Context of Terms Uniformity Problem

Gavrikov Evgeny Andreevich — the post-graduate of the Civil and Business Law Chair of the All-Russian State University of Justice (Moscow), gavrikov93@gmail.com.

On the basis of a complex analysis of legislative norms and scientific research we can make the conclusion that there is no uniform approach to the understanding of the legislative nature of the investment. In the article certain contradictions in the norms of the current legal acts, regulating investment activities in Russian Federation. The author states the necessity of investment legislation complex reformation with the aim to bring it to the compliance with international standards and to increase the amount of investment to Russian Federation.

Investment; investment activity; investor; foreign investments

Kozlova E. B. Conceptual Bases of a Risk-Based Approach in the Exercise of State Control (Supervision) in the Field of Participatory Construction (End. Starting at number 4 / 2016)

Kozlova Elena Borisovna — the director of the Center for Scientific Research of the All-Russian State University of Justice, the doctor of law (Moscow), kozlova@urexpert.ru.

On the basis of experience of the implementation of risk-based approach in the implementation of certain types of state control (supervision) conclusions about the possibility of forming an integrally-conditioned method of determining the level of risk of developers using the originally static risk assessment system followed by the application of a dynamic system. Suggestions regarding complex criteria for the classification of control subjects (supervision) in the field of participatory construction.

State control (supervision); share building; riskbased approach; the risk of the developer; criteria for classification of developers; determine the risk level of the builder method

Sakharova Y. V. Realization of the Principle of Conscientiousness in the Course of Bankruptcy

Sakharova Julia Vladimirovna — the assistant professor of the Civil and Legal Disciplines Chair of the Bryansk State University Academician I. G. Petrovskiy, PhD in law (Bryansk), 1887342@mail.ru.

realization of the principle of conscientiousness in the course of insolvency (bankruptcy). Also author considers questions of conscientiousness of the debtor and receiver.

Realization; principle of conscientiousness; insolvency (bankruptcy); debtor; receiver

Smyshlyaeva O. V. The Concept and the Legal Nature of Marriage: a Theory of Legal Consciousness

Smyshlyaeva Oksana Victorovna — the post-graduate of the Civil and Business Law Chair of the All-Russian State University of Justice (Moscow), oks0804@yandex.ru.

Marriage and family constitute the most important human values, of interest for the study from ancient times to the modern reality. Marriage is directly correlated with the concept of “family” and has as its objective the education of the family. The article describes the main approaches to the definition and legal nature of marriage, the author’s concept of the category.

Marriage; the family; the union of men and women; theories of marriage; the marriage relationship

Kulygin V. V. Gloss and Misery of Criminal Policy

Kulygin Vladimir Vladimirovich — the director of the Far Eastern Institute (Branch) of the All-Russian State University of Justice, the doctor of law, professor (Khabarovsk), valandil@mail.ru.

The article is devoted to the problem of current criminal policy of the Russian state in the sphere if criminalization and penalization of socially dangerous deeds. The conclusion about pending crisis of criminal policy is drawn based on the complex of rules of terrorist and corruption related crimes.

Justice; legality; criminal policy; criminalization; penalization; terrorist related crimes; corruption related crimes

Naumov A. V. About the National Schools of Criminal Law in the Union of Soviet Socialist Republics (End. Starting at number 4 / 2016)

Naumov Anatoliy Valentinovich — the professor of the Criminal Law and Criminology Chair of the All-Russian State University of Justice, the doctor of law, professor (Moscow), yasenaum34@mail.ru.

The article analyzes the existing in the Soviet criminal legal space of the national schools (on the examples of Ukrainian SSR, the Byelorussian SSR, Kazakh SSR, Azerbaijan SSR).

School law; criminal law; criminal code; penal code

Parkhomenko D. A. To the Question of the First Offender Criminal Responsibility Differentiation

Parkhomenko Dmitriy Alexandrovichthe assistant professor of the Criminal Law and Criminology Chair of the Irkutsk Institute (branch) of the All-Russian State University of Justice, PhD in law (Irkutsk), parkhomenkoda@mail.ru.

An article describes the first offender definition in relation to different criminal law institutions. Basing on the definition the author concludes that it is necessary to use it more logically in Russian criminal law. In particular, the efficiency of this institution could be increased by taking in account the relative share of first offenders in the whole quantity of identified and judged criminals.

First offender; juridical and actual concept of the first offender; criminal legislation; law enforcement; consequence in criminal law

Popovich M. M. Legal Advice to the Prisoners

Popovich Marina Mikhaylovna — the assistant professor of the Civil and Legal Disciplines Chair of the VILE of the FPS of Russia, PhD in law (Vologda), marih13@mail.ru.

The article analyzes strangers having the right to provide legal assistance (Article 89, Execution Code of the Russian Federation) according to the sector of the legal relationship provided with the assistance, regulations for the power of attorney certified by the Chief of a penal colony.

Legal assistance; lawyer; defender; representative; strangers providing legal assistance; power of attorney

Chelnokova O. V. Legal Nature and Maintenance of Right Convict on Freedom of Speech and Religion

Chelnokova Oksana Vladimirovna — the post-graduate of the Criminal Law and Criminology Chair of the All-Russian State University of Justice (Moscow), belorus444@rambler.ru.

This article describes the issues of garanting the right to freedom of conscience and religion. The notion of freedom of conscience, freedom of religion, the religion, the absolute rights as key aspects of the spiritual and moral influence on convicted.

Religion; freedom of conscience; law; convict

Buday S. N., Vaskina I. A. On Some Issues of Implementation of the Prosecutors Legal Education in the Sphere of Counteraction of Corruption

Buday Sergey Nikolaevich — the professor of the Prosecutorial Supervision Over Execution of Laws in Operational-Search Activity and the Participation of the Prosecutor in Criminal Proceedings Chair of the Academy of the R.F. Prosecutor General’s Office, PhD in law (Moscow), bsn1902@yandex.ru.

Vaskina Irina Arkadievna — the research assistant of the SRI of the Academy of the R.F. Prosecutor General’s Office (Moscow), kov-ir@yandex.ru.

The article considers topical issues of the implementation of the use-Arami legal education in the sphere of combating corruption. Showing a special role and place of the Prosecutor’s office in the system of subjects of the right-of relations in the sphere of legal education, the authors provide a definition of “anti-corruption education carried out by the prosecution», establishes a direct dependence-correlation of a state of law and order of supervision on the quality of work on anti-corruption education. Consider the direction of the activities of public prosecutors has another useful feature — positive effect on the implementation of certain functions of the Prosecutor’s office, namely improving the effectiveness of the oversight of IP-execution of the laws.

Corruption; anti-corruption education; pro-education; prevention of corruption; anti-corruption legislation; anti-corruption awareness; anti-corruption worldview

Dubrovina M. O. Administrative Penalties Imposed for Committing Administrative Offences in the Monetary Sphere: the Concept, Types

Dubrovina Madina Olegovna — the senior state inspector of Territorial Department of the Federal Service of Financial and Budgetary Supervision in Moscow, the post-graduate of the Administrative and Financial Law Chair of the All-Russian State University of Justice (Moscow), mmamasheva@mail.ru.

The article provides a description of the administrative penalties for administrative offences in the monetary sphere, discusses how the combination of administrative punishment, revealing the problems of their implementation in law enforcement practice.

Administrative punishment; warning; administrative fine; disqualification