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

JURISPRUDENCE

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

STATE AND LEGAL REGULATIONS OF LAND USE FOR KALMYKS OF STAVROPOL GOVERNORATE IN THE XIX CENTURY

Posted in 2017, Issue № 4(58) April 2017, JURISPRUDENCE | 0 comments

This article considers the rights to land of the Kalmyks of the Stavropol governorate in the XIX century. The authors come to the conclusion that the rights of the Kalmyk people were unordered at the land allotted to them. There was a necessity of recognizing property rights and settlement of their land rights at the state-legal level for Kalmyk farmers. During the period under review, it was necessary to compare the rights of the Kalmyks with other peasant population (so-called “free rural dwellers”) for effective Kalmyk agriculture.

Read More

FEATURES OF THE LEGAL CULTURE IN THE ASPECT THE PRINCIPLE OF THE CATEGORICAL IMPERATIVE

Posted in 2017, Issue № 3(57) March 2017, JURISPRUDENCE | 0 comments

The author considers the legal culture of individual person in the context of the principle of categorical imperative. The conception of the mechanism of action of the legal culture from the personality is built upon the factorial analysis of set of the legal behavioral characteristics of individual person at the plane of participation in public interactions, free legal activity, including the choice of legal participation in society life. The author comes to the conclusion that the legal culture regulates processes of the public restrictions allowing building new maxims of legal space, and is guarantor of legitimation of the law as forms containment of despotism and opposition of involution.

Read More

REGULATION OF TAXATION PROCEDURE OF CONTROLLED TRANSACTIONS

Posted in 2017, Issue № 3(57) March 2017, JURISPRUDENCE | 0 comments

This paper considers the mechanism of transfer pricing, which means the procedure for the taxation regulation of controlled transactions. The basis of the concept of related parties is determined in the work. The essential terms of the taxation of related parties are defined as well. The authors analyzed various situations in which organizations, as a rule, become related. The work also contains the analysis of situations in which the tax optimization mechanism with transfer pricing is used. The mechanism of price control of transactions between related parties is given as well. The main source of the study was the Tax Code of the Russian Federation.

Read More

MOTIVATION OF CRIMINAL BEHAVIOUR OF ACQUISITIVE CRIMINALS

Posted in 2017, Issue № 3(57) March 2017, JURISPRUDENCE | 0 comments

The paper describes the content of motivation for criminal behavior of acquisitive criminals, including intensions, needs, motives, as well as the peculiarities of its implementation. The peculiarities of anti-legal motivation are also revealed. The author draw a conclusion that profit is not the only motive of criminal behavior of acquisitive criminals; the considering of motivation peculiarities is a significant prerequisite for the effective prevention of individual criminal behavior, including the repeated one.

Read More

IMMUTABLE LAWS OF SUCCESSION IN RUSSIA AND THE EXPERIENCE OF ITS APPLICATION AT THE BEGINNING OF THE XX CENTURY

Posted in 2017, Issue № 3(57) March 2017, JURISPRUDENCE | 0 comments

The article lists the conditions and the order of succession to the throne in Russia, which existed before 1917, and compliance with its practical application in the early twentieth century. We study the principles of its preparation – the principle of pre-emptive agnatskogo birthright, establishes the right to the throne on down the male line by right of primogeniture and subsidiary kognatsky principle of succession, provides for the right to a female belonging to the Imperial house, on the accession to the throne in the event of the suppression of all male lines emanating of the reigning emperor. It is concluded that the widespread interpretation of the law of succession in respect of rights to the abdication of the reigning monarch of Russia, does not meet the legal requirements contained in the Basic Law of the Russian Empire.

Read More

CRIMINOLOGICAL PREDICTION OF INDIVIDUAL CRIMINAL BEHAVIOR

Posted in 2017, Issue № 3(57) March 2017, JURISPRUDENCE | 0 comments

The author substantiates the theoretical and practical importance of criminological prediction of individual criminal behavior. By defining the object of study, objectives and tasks of forecasting of individual criminal behavior of the person it is justified the independence of the studied type of criminological prediction. The author defines the list of reasons that predetermine the complexity of forecasting of individual person’s criminal behavior. The characteristic of modern methodological basis of individual criminological prediction is presented as well.

Read More

FEATURES OF LEGISLATIVE REGULATION IN MEDIATION PROCEDURE AT ALTERNATIVE DISPUTE RESOLUTION

Posted in 2017, Issue № 3(57) March 2017, JURISPRUDENCE | 0 comments

The paper considers the particular features of legislative regulation in the Russian Federation, and mediation procedure as an institution of conciliation and dispute resolution. Authors investigate such ambiguously defined (in the Law on mediation) terms as a subject of conflict arrangement, qualification of mediator, relationship between the private dispute and public sphere, enforceability of the mediation agreement, efficiency, mediation as a mechanism to resolve conflict. Authors draw a conclusion that in the modern Russian legal system, the development and establishment of the mediation institution depends mainly on the government’s attention and legislative authorities in terms of improvement of legal regulation procedure.

Read More

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.

Read More

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.

Read More

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.

Read More

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.

Read More

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.

Read More

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.

Read More

STATE-LAWFUL REGULATION OF THE ACTIVITY OF АRMYANO- GREGORIAN CHURCH IN THE RUSSIAN EMPIRE

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

This article examines the legal status of the Armenian Apostolic Church of the oldest Christian churches, the structure, hierarchy, function, and two main categories of the Armenian-Gregorian clergy. Discusses the confiscation of a substantial part of the property of the Armenian Apostolic Church, the participation of the Armenian-Gregorian clergy in the revolutionary and nationalist movement, illuminated the forms and methods of legal regulation of its activity by the state in the Russian Empire in XIX – early XX century.

Read More

ON THE RELATIONS BETWEEN THE CONCEPTS OF “LEGAL SERVICES” AND “LEGAL AID”

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

This paper considers one of the urgent issues of Russian law – the multiplicity of terms that require harmonization. Examines the relationship between the concepts of “legal services” and “legal aid”, the characteristic of concepts the comparison criterion given a list of characteristics inherent in the concepts of both and each individually. Justified the judgment of the author that “legal services” and “legal aid” are not only synonymous concepts, but also have essential differences.

Read More

ILLEGAL SALE OF NARCOTICS THE USE OF TELLECOMMUNICATION NETWORKS AND DEVICES

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

The main problems related to drug trafficking with the use of telecommunication networks and devices in modern Russia. The aim of the study is to examine the proposal of the problem and effective measures against illicit drug trafficking, committed with the use of modern telecommunications technology. As a result of the study, it was proposed control measures by amending the criminal law and the establishment of special conditions for law enforcement.

Read More

SOME PROBLEMS OF THE RUSSIAN PATENT RIGHTS

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

The appearance of the institute of patent law was a natural consequence of scientific and technological development of the society and its economic progress. The history and development of patent law can be seen as the establishment of a kind of social contract between society and the inventor, the search for balance between his rights and the public interest. The paper examined the relationship of patent law and trade secrets. The study identified the main problems of the modern Russian Institute of patent law in the field of patents and for the protection of patent rights.

Read More

IDEA OF THE LEGAL ORDER PROTECTION BY THE REPRESENTATIVES OF THE LIBERAL PHILOSOPHY OF LAW IN PRE-REVOLUTIONARY RUSSIA

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

The article is devoted to the study by the liberal thought representatives in pre-revolutionary Russia the idea of the legal order. Analyzes the periodization of the ideas of liberalism in Russia. Investigates the governmental, conservative, and social liberalism in the formation of bourgeois relations in Russia. Based on the characteristics of each stage is carried out formal and comparative analysis of the content of the relevant philosophical law views of the thinkers of that time. Special attention is paid to respect by the philosophers of law to the idea of the legal order, in particular, a supporter of the conservative liberalism B. N. Chicherin, as well as representatives of social liberalism S. A. Muromtsev and N.M.Korkunov.

Read More

PROBLEMS OF INCREASE OF TAX CULTURE IN RUSSIA

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

In the article the main problems of formation of tax culture in Russia. Considers the problems of imperfection of tax legislation, in particular the ineffectiveness of the implementation of the information function and mechanism education in the tax field. Analyzed the communication process the relationship between the state and the taxpayers, proposed the creation of a modern model of civil society and identified priority directions of increase of level of tax culture in it.

Read More

INSTITUTE OF RETURN OF CHILDREN: THE LIST OF PERSONS ENTITLED TO JUDICIAL RECAURSE

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

New Chapter 22.2, included in the Civil Procedural Code of the Russian Federation in pursuant of the provisions of the Convention of 1980, regulates the procedure of considering and deciding of causes on return of children or exercise into children access rights on the basis of International Treaty of the Russian Federation. One of the features of the considered category of causes is the group of entities with the power of judicial recourse to protect rights of custody and access. However, the legislator has not established a clear list of the persons entitled to hold such rights. In this regard, this article analyzes the provisions of the civil procedure and family law legislation with the aim to identify entities having the legal power of judicial recourse.

Read More