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Submit scientific paper, scientific publications, International Research Journal | Meždunarodnyj naučno-issledovatel’skij žurnal

ISSN 2227-6017 (ONLINE), ISSN 2303-9868 (PRINT), DOI: 10.18454/IRJ.2227-6017
ПИ № ФС 77 - 51217

LEGISLATIVE RECOGNITION OF INSTITUTE OF PRECONTRACTUAL RELATIONS AND LIABILITY IN RUSSIA: ANALYSIS AND COMPARISON WITH THE GERMAN MODEL

Posted in 2017, Issue № 2(56) February 2017, JURISPRUDENCE | 0 comments

The paper presents the result of analysis of the Russian legislation in the field of pre-contractual relationships and pre-contractual liability: the list of fraud during negotiations, the responsibility for unscrupulous actions and the concept of damages. Based on comparative legal analysis of the German model of regulation of pre-contractual relationships and pre-contractual liability, the shortcomings of legislative consolidation of legal relations in the Russian law are defined. Authors present remarks on the revisions of paragraphs 2 and 3 of Article 434.1 of the Civil Code.

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THE GIFT CONTRACT IN THE SYSTEM OF CIVIL TRANSACTIONS

Posted in 2017, Issue № 2(56) February 2017, JURISPRUDENCE | 0 comments

The purpose of the article is to determine a place of a gift contract in the system of civil transactions on alienation using empirical approach and method of comparative legal analysis. The modern stage of reforming of legislation is formalization of rules of conduct considering civil law as a regulator of social processes on the basis of discretionary approach and permissible directivity. In this respect, interest to gift contract is caused by its meaning and role in the system of means of legal regulation of relationships in society.

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LEGAL RESTRICTIONS FOR GOVERNMENT OFFICIALS IN THE RUSSIAN EMPIRE IN XIX – EARLY XX CENTURIES

Posted in 2017, Issue № 2(56) February 2017, JURISPRUDENCE | 0 comments

Based on archival documents authors have researched legal restrictions on the activities of government officials of the Russian Empire in XIX – early XX centuries, as a means to restrict officials of using their official position for personal purposes. It was found that such restrictions are concerned not only with official activities, but also with private affairs of a public servant. The results of the study can be used in the legislative process.

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SECURITY IN THE PENAL SYSTEM: THE LEGAL AND HISTORICAL ASPECT

Posted in 2016, Issue December 2016, JURISPRUDENCE | 0 comments

In this article, the authors consider the problem of security in the organs and institutions of the penal system of the Russian Federation; analyzes the current and historical experience on the topic of the study, and a comparison of the Russian legislation with the legislation of the Russian Empire of late XIX-early XX century, considered the problem of imperfection of modern legislation in this area and proposals to improve the regulatory framework.

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THE TRAJECTORY OF PRIOR DEVELOPMENT AS A FACTOR THE LEGAL INSTITUTIONALIZATION OF CONTEMPORARY RUSSIAN PARTIES

Posted in 2016, Issue December 2016, JURISPRUDENCE | 0 comments

In this article, the authors investigated the stage of formation of party legislation of the Russian Federation, while changing the institutions of civil society. Today the legal regulation of party activities modernizarea because of the activity of the non-systemic opposition. The history of institutionalization confirms the peculiarities of the state policy on regulation of political parties and affects the change in the laws. Modern processes of party development from the beginning of 1990-ies and the present are the consequence of legal experience of Russia in the early XX century.

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TO THE ISSUE OF AN ADMINISTRATIVE CLAIM AS A FORM OF PROTECTION OF THE RIGHT

Posted in 2016, Issue December 2016, JURISPRUDENCE | 0 comments

Discusses issues administrative claim as new procedural forms of protection of rights in public legal relations. The main point of view on the nature of action proceedings in civil proceedings and the possibility of their application in the administrative process. It raises the question of the existence and application of administrative action as an independent form of rights protection, considers the substantive and procedural law by administrative action, the existence of a dispute on the law in this proceedings.

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