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предыдущий номер 2018'3(17)
2019'1(19) следующий номер

№ 2018'4(18)

2018'4(18)


Contents Pages

    CONTENTS


    CONTENTS PAGES

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  • LUHANSK AND DONETSK PEOPLE’S REPUBLICS, AS WELL AS TRANSNISTRIA, HAVE ALL THE INTERNATIONAL LEGAL GROUNDS FOR THEIR DIPLOMATIC RECOGNITION
    Author: Baburin S.N.
    Description:  The article deals with the modern approaches to diplomatic recognition of the new States, argues the conclusion that Donetsk and Luhansk people’s Republic have the necessary international legal grounds for their diplomatic recognition: a permanent population, a defined territory, a government capacity to enter into relations with other States. Examples of difficulties with the diplomatic recognition of the history of international relations.
    Keywords:  sovereignty, international personality, diplomatic recognition DNR, LNR and PMR, forms and criteria for diplomatic recognition
    7-15

    Author: Apolski E.A. / Mordovcev A.U.
    Description:  The article deals with master’s and doctoral dissertations in various branches of science (first of all under state law), in which the author chose certain issues of the legal personality doctrine as a subject of research, and defended in Russian imperial universities during the 19th and early 20th centuries. The main goal of the authors in the analysis of these works was to investigate with the help of the comparative-historical method, as well as formal-logical techniques, the main tasks, content, and the results obtained by pre-revolutionary jurists, who were represented by them in the forms of scientific knowledge. There were a very small number of studies on the subject and that was due to the level of domestic legal science in the XIX century in Russia. Substantiated the continuation of the study of the results of dissertation research on the problems of legal personality in the Soviet and post-Soviet period with the aim of preparing an information base for making historically based law-making government decisions.
    Keywords:  legal personality, dissertation, civil law, state law, Russian Empire, university
    16-22
    STUDENT LEGAL RESPONSIBILITY ISSUES
    Author: Karasev M.V.
    Description:  The article analyzes the current state of the problems of students’ legal responsibility.
    Keywords:  student responsibility, legal responsibility, administrative responsibility, liability, disciplinary responsibility, moral responsibility
    23-27
    THE PROBLEM OF CONFLICT OF INTEREST IN SYSTEM OF PUBLIC SERVICE
    Author: Pivovarova M.М.
    Description:  In this article the authors investigate the problems of such legal phenomenon as a conflict of interest in the system of public service of the Russian Federation, reveals its importance and analyzes the main legal acts regulating this institution. This problem at the present stage of development of public administration is quite relevant and has a significant scientific interest. This is due to the reasons, among which are the consolidation of the principles of the civil service, the foundations of professional ethics of civil servants, as well as the norms of the proper performance of their duties.
    Keywords:  conflict of interest, public service, official, personal interest, corruption
    28-33

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  • CONTRACT LAW: BRIEF OVERVIEW ACROSS JURISDICTIONS
    Author: Mikhaylova I.A.
    Description:  The article: the article, based on the study of literary sources and analysis of domestic and foreign legislation of different time periods, starting with Roman private law, the stages of development of legal regulation and registration of the transaction are examined.
    Keywords:  transaction form, making a deal, evolution of the form of the transaction, regulation of the form of the transaction, violation of the form of the transaction
    34-40
    MARRIAGE CEREMONY AND LEGAL STATUS OF SPOUSES IN ANCIENT ROME
    Author: Romanova I.N.
    Description:  The article: the article, on the basis of an analysis of the laws of ancient Rome, the features and order of marriage are examined, and the specificity of the legal status of spouses is analyzed.
    Keywords:  marriage, types of marriage, marriage forms, legal regime of spouses
    41-45
    THE PROBLEM ISSUES OF THE IMPLEMENTATION OF THE CONSTITUTIONAL PRINCIPLE OF LAW EQUALITY OF OWNERSHIP
    Author: Smyslov S.E.
    Description:  The article deals with the problematic issues of implementation of the constitutional principle of equality of forms of ownership, as well as the ways of their solution.
    Keywords:  forms of ownership, competition, administrative relations, civil law relations
    46-51
    LEGAL ESSENCE OF THE CREDIT AGREEMENT
    Author: Gurtova M. A.
    Description:  The article deals with the peculiarities of regulation of banking activities in the field of consumer lending on the basis of the loan agreement. The existing legal framework in this sphere of activity is analyzed, the legitimacy of interaction between the creditor and the borrower is considered.
    Keywords:  loan, agreement, Bank, loan, lender, borrower, consumer lending
    52-57

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  • FEATURES OF CRIMINAL RESPONSIBILITY OF UNDERAGE
    Author: Valeeva D.A. / Dosyukova T.V.
    Description:  The article analyzes the rules governing the types and features of the criminal responsibility of minors. The author also identifies the distinctive signs of criminal r esponsibility of minors from the responsibility of adults.
    Keywords:  criminal responsibility, underage, juvenile delinquency, sentencing, age of criminal responsibility
    58-61
    EXPERIENCE OF LEGAL COMPARATIVE LINGUISTIC IN THE RESEARCH OF THE CRIMINAL PROSECUTION INSTITUTION
    Author: Pushkarev V.V.
    Description:  The article is devoted to a comparative legal study of the norms defining the concept and essence of the institute of criminal prosecution in domestic and foreign criminal procedural law in order to clarify its impact on the appointment of criminal proceedings, the procedure for its implementation and the observance of constitutional rights and legal interests of a person and citizen in the implementation of pre-trial proceedings in a criminal case.
    Keywords:  criminal prosecution, pre–trial proceedings, the constitution, participants in criminal proceedings, criminal procedure status
    62-66
    PROBLEMS OF CRIMINAL LIABILITY FOR FALSIFICATION OF EVIDENCE, UNDER ART. 303 OF THE CRIMINAL CODE
    Author: Gibatullin A.R. / Uvarova I.A.
    Description:  The article discusses the problematic aspects of criminal responsibility for falsifying evidence. The criminal law characteristic of the specified crime is given. Formulated proposals for the improvement of legislation in the studied area of relations.
    Keywords:  evidence, falsification, criminal liability, proof, falsification of evidence in a criminal case, falsification of results of operational investigative activities
    67-72
    REGULARITIES OF THE CRIME MECHANISM
    Author: Gnedkova A.A.
    Description:  Тhe author considered the elements of the mechanism of crime; analyzed the opinions of forensic scientists on this issue. The article also provides the differences between the concept of «crime mechanism» and the concepts of «crime structure» and «mechanism of criminal behavior».
    Keywords:  crime, elements of the mechanism of crime, corpus delicti, mechanism of criminal behavior, forensic category, model of mechanism of committing a crime
    73-79