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предыдущий номер 2018'2.1(16)
2018'4(18) следующий номер

№ 2018'3(17)

2018'3(17)


Contents Pages

    CONTENTS


    CONTENTS PAGES

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  • THE PHENOMENON OF CONSTITUTIONALISM IN MODERN RUSSIAN LEGAL LITERATURE
    Author: Makarova I.N.
    Description:  The article discusses various interpretations of the concept of «constitutionalism» that exist in modern Russian legal literature. Special attention is paid to philosophical and legal definition of the phenomenon of constitutionalism. The article also focuses on the issue of classification of constitutionalism from the perspective of its application in practice.
    Keywords:  constitutionalism, constitution, classification, bibliography
    7-10
    PRECEDENT IS A SOURCE OF INTERNATIONAL LAW?
    Author: Ashavskij B.M.
    Description:  The article analyzes the notion of «the sources of international law». The author undertakes to answer the question: is a judicial precedent source of international law.
    Keywords:  sources of international law, a judicial precedent, judges’ initiative
    11-14
    ON THE DEVELOPMENT PROSPECTS OF ADMINISTRATIVE LEGAL PROCEEDINGS IN THE RUSSIAN FEDERATION IN PUBLIC LAW CASES
    Author: Naumova E.A.
    Description:  The aim of this article is to consider some development prospects of administrative legal proceedings in the Russian Federation, including conceptual fundamentals, associated with the improvement of the conceptual and categorical apparatus, on which a public legal investigation relies on, as well as the prospects of implementation of the administrative courts system, and the development of the institution of free legal assistance in relation to the representatives activity in the administrative legal proceedings etc.
    Keywords:  administrative legal proceedings, administrative courts, administrative justice, challenging legal acts, acts of normative significance, free legal assistance during the administrative trial
    15-21
    TO THE QUESTION OF THE ESSENCE OF THE SOCIAL PHENOMENON «CONSERVATION OF THE INTANGIBLE CULTURAL HERITAGE» AND ITS IMPORTANCE IN DEVELOPMENT OF THE MODERN SOCIETY: THEORETICAL AND LEGAL ASPECTS
    Author: Dorokhov N.I.
    Description:  The theoretical and methodological and legal problems of the “intangible cultural heritage” as a social phenomenon are considered in the article and the bases of the state policy in relation to the monuments of cultural and historical heritage are determined.
    Keywords:  intangible cultural heritage, historical and cultural monuments, legal regulation, historical traditions
    22-28

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  • THE FEATURES AND SIGNIFICANCE OF BUSINESS INSURANCE AGAINST DAMAGE CAUSED BY OFFENSES
    Author: Romanova I.N.
    Description:  The article, based on the analysis of domestic and foreign legislation, addresses issues of insurance protection of business entities from unlawful actions of employees and other persons.
    Keywords:  illegal actions, insurance cover, insurance cover, insurance contract, independent examination, business risk, damages
    29-32
    PART-TIME WORK AND THE RIGHT TO RECEIVE A CHILD-CARE ALLOWANCE: CONFLICT OF RULES OR CONCEPTS
    Author: Kirilin A.V.
    Description:  The article deals with the problems of obtaining a monthly allowance for child care by persons who continue to work part-time. Comparative legal analysis of certain rules governing the right of an employee to work in such conditions, while receiving child care benefits, allows us to state their “inconsistency”, which requires adjustment of the legislation.
    Keywords:  part-time work, child care allowance, part-time work, ILO, Convention
    33-37
    THE PRINCIPLE OF «REFUSAL OF SIGNS OF A LEGAL ENTITY» IN THE CORPORATE LAW OF SOUTH KOREA
    Author: Ko M.
    Description:  The article reveals the main characteristics of the principle of «refusal of features of a legal entity» applied by courts in South Korea, the principle is compared with the legal design of «the removal of corporate veils», common in a number of foreign countries, the opinion is expressed on the usefulness of applying this principle to arbitration courts of the Russian Federation.
    Keywords:  signs of a legal entity, corporate law, removal of a corporate veil, deliberate bankruptcy
    38-40
    CORPORATE GOVERNANCE: LEGAL ASPECTS
    Author: Kolontaevskaya I.F.
    Description:  The article discusses approaches to the scientific and theoretical, legal and organizational-normative definition of corporate governance. Various points of view on the nature and essence of corporate governance are given, a generalized universal definition of corporate governance is formulated. The actual problems of legal and regulatory fixing of rules and standards in this area are revealed. It is noted that at the moment, along with the radical reform of corporate legislation, an active formation of “soft” (intra-firm) law is underway. The rules of “soft” internal corporate governance are enshrined in the statutes, standards, principles that have a recommendatory and not mandatory nature, which to some extent reduces the discipline of the administration and top managers of the company, reduces the degree of awareness, and guarantees and protection of investors, participants, members of corporations, in particular shareholders. In this regard, proposals are made for improving the regulatory framework for corporate governance and the development of corporate law.
    Keywords:  corporate governance, corporate governance standard, corporate rules of conduct, “soft law”, self-regulation
    41-49

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  • LEGAL MEASURES FOR THE PROTECTION OF JUVENILE OFFENDERS FROM FURTHER CRIMINALIZATION IN FOREIGN COUNTRIES
    Author: Butyaykin I.A. / Urchuk V.S.
    Description:  This article discusses issues related to the development of juvenile justice and alternative methods of justice in relation to juvenile offenders in a number of foreign countries. The analysis of the work of juvenile organs abroad. whose competence is to assist and realize the rights and interests of minors.
    Keywords:  juvenile law, juvenile right, juvenile justice, international law
    50-54
    THE REFUSAL OF THE RUSSIAN LEGISLATOR FROM THE DEATH PENALTY – HAS HISTORICALLY CAUSED THE PROCESS OF DEVELOPMENT OF CRIMINAL LIABILITY FOR MURDER
    Author: Shlemova A.A. / Dosyukova T.V.
    Description:  In this article, given the Russian historical experience proves the regularity of the actual failure of Russian lawmakers from the death penalty as punishment for murder. Shows the process of humanization of the Institute of criminal punishment for murder for more than a Millennium of history of the Russian state.
    Keywords:  punishment, criminal responsibility, the death penalty, humanization, murder
    55-58
    THERMOGRAPHY IN FORENSICS: THE CONCEPT AND MEANING
    Author: Uvarova I.A.
    Description:  The article deals with the main issues of the use of equipment based on the properties of long-wave infrared radiation in operational and investigative practice. The author defines the most promising areas of application of knowledge of thermography in the detection, detection and investigation of crimes.
    Keywords:  technical and forensic tools, thermograph, thermal imager, thermography, forensic equipment, traces of the crime
    59-61
    ACTUAL PROBLEMS OF COMMITTING A SECRET THEFT OF SOMEONE ELSE’S PROPERTY IN THE PRESENCE OF QUALIFYING SIGNS
    Author: Teplyakova O.A.
    Description:  The article analyzes the main issues related to the qualifying signs of the secret theft of someone else’s property. The author also considers the issues of proportionality of the committed illegal act in the form of secret theft of someone else’s property to punishment.
    Keywords:  theft, misappropriation, insignificance, theft from Bank accounts, secret theft, the crime, aggravating circumstances
    62-64