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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, 16+

THE CURRENT STATE OF THE THEORETICAL AND LEGAL FOUNDATIONS OF THE PROSECUTOR’S POWERS IN THE EXERCISE OF SUPERVISION OVER THE EXECUTION OF LAWS IN RUSSIAN LEGISLATION

Posted in 2021, Issue № 02(104) February 2021, JURISPRUDENCE | 0 comments

The article deals with the problems of the development of the theoretical foundations of the prosecutor’s powers in the supervision of the execution of laws. The author presents the results of studying and generalizing the scientific literature and normative legal acts that affect aspects and approaches to the examination of this concept. Based on the study of theoretical developments regulating the powers of the prosecutor as well as various scientific opinions in the theory of the prosecutorial activity, the author justifies his conclusion that there is a need to specify the authority when overseeing the execution of laws in certain areas. The article also proposes an approach, where, in conditions of a law reform, an objective necessity would be the search for new approaches of formation and use of the conceptual implementation bases of prosecutor’s powers for supervision over the execution of laws at the present stage.

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LIABILITY FOR THE SYSTEMATIC PROVISION OF PREMISES FOR THE ILLEGAL FACILITATION OF GAMBLING ACTIVITIES

Posted in 2021, Issue № 02(104) February 2021, JURISPRUDENCE | 0 comments

The current article discusses the issue of systematic provision of premises for facilitating illegal gambling activities and identifies the types of such premises. The research examines the issues of determining the nature of providing premises for the illegal facilitation and hosting of gambling events. The article also explores the concept of systematicity within the framework of Article 171.2 of the Criminal Code of the Russian Federation and the possibility of its clarification, taking into account judicial practice and the opinions of scientists. The author expresses an opinion that on the necessity to further analyze the judicial practice in order to conduct research on the topic under study.

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THE COVID-19 PANDEMIC AS FORCE MAJEURE

Posted in 2021, Issue № 02(104) February 2021, JURISPRUDENCE | 0 comments

The article deals with the issues of recognizing a pandemic as a force majeure event. The study analyzes the existing legislation on force majeure as well as the approaches of the courts in the qualification of the designated circumstances in the context of the pandemic.

The relevance of this study can be attributed to an attempt to identify the emerging pandemic as a force majeure event when it is impossible for citizens to fulfill their obligations.

In the context of the current pandemic, not all citizens can properly fulfill their civil obligations due to certain restrictions imposed by public authorities. This raises the following question: is it possible to recognize the pandemic as a force majeure event in the current situation?

It is known that at the federal level, an appropriate state of emergency has not been introduced, which would possibly allow for the unconditional recognition of the pandemic as a force majeure event.

Based on the analysis of the current legal regulation and the approaches of the judicial authorities, the author of the study identifies the features of recognizing the pandemic as a force majeure clause.

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THE CONFLICT OF LEGAL VALUES AND THE PRACTICAL SIGNIFICANCE OF STARE DECISIS IN ECONOMIC DISPUTE INVESTIGATIONS

Posted in 2021, Issue № 02(104) February 2021, JURISPRUDENCE | 0 comments

This article examines the importance of the doctrine stare decisis et non quieta movere for the purpose of forming a uniform judicial practice; concludes that the concept of “precedent judicial interpretation” and “judicial precedent” in spite of different content, have the same purpose, namely to ensure legal certainty; provides specific practical examples of the different approaches of the courts to application and understanding of the legal principles, norms with an uncertain hypothesis, alternative, optional, derogatory, conflicting and other uncertain rules and principles of law; outlines a dispute of legal scholars on the content and the application of certain provisions of law; describes the importance of the legal positions of the Supreme courts for the purpose of ensuring uniformity of judicial practice in relation to the understanding of the rule and its application; provides examples of a critical attitude towards legislative technique for the formulation of legal norms in a way that does not exclude the possibility of individual judicial lawmaking and provides a critique of the application of the principle by the courts of law against the norm contrary to legal certainty. The author provides negative examples of excessive legal regulation, in which participants in civil circulation are unreasonably deprived of the freedom to choose the most rational model of behavior. The study illustrates the conflict between the freedom of judicial discretion and the requirement of legal certainty. Relying on the scientific concept of integrative understanding of law, the author substantiates the inevitability of direct application of legal principles by courts in opposition to the norm. On the other hand, the author postulates the inadmissibility of violating the equitable right to the certainty of legal norms and the different application of one norm in similar factual circumstances. The study concludes that the doctrine of stare decisis et non quieta movere is an effective mechanism for reconciling two legal values (freedom of judicial discretion and legal certainty).

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COURT ADMINISTRATOR: THE STANDARD OF “DOUBLE” SUBORDINATION

Posted in 2021, Issue № 02(104) February 2021, JURISPRUDENCE | 0 comments

The current article discusses the legal status of a court administrator in terms of its specific aspects, such as their dual subordination to a chief judge, in which they perform their assigned function, and to the head of the respective structural unit of the Judicial Department under the Supreme Court of the Russian Federation in the corresponding federal subject. The methodological basis of the research consists of the methods of analysis, comparative legal analysis, synthesis, and system-structural analysis. The author conducts an assessment of the effectiveness of the existence of “double” subordination of the court administrator with the specification of its practical significance for the functioning of the court.

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THE APPROACH OF INTERNATIONAL LEGAL ACTS IN THE FIGHT AGAINST TERRORISM

Posted in 2021, Issue № 02(104) February 2021, JURISPRUDENCE | 0 comments

The current study examines complex issues of a criminal nature such as international legal acts, which form the basis for the formation of certain norms of the criminal legislation of the Russian Federation on liability for terrorist crimes. The author does not solely criticize the facts of understanding the inherited principles of international law in the field of terrorist issues and linking them to the norms of the national legislation of the Russian Federation. Within the framework of the studied issues, the study comes to the conclusion that international legal acts have a direct impact on the creation of priority areas from the point of view of criminalization of certain criminal laws.

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OCCUPYING THE HIGHEST POSITION IN CRIMINAL HIERARCHY: PROBLEMS OF CLASSIFICATION AND PROOF

Posted in 2021, Isssue № 01(103) January 2021, JURISPRUDENCE | 0 comments

The article highlights selected problems of determining the nature and proof of the crime under article 210.1 of the Criminal Code of the Russian Federation. The study focuses on the interpretation of the concept of a person who occupies the highest position in the criminal hierarchy. The development of this concept and its official indication in the legislation will ensure the legality, validity and fairness of criminal prosecution under the article under consideration, and will provide an opportunity to ensure the unity of law enforcement, and specifically investigative and judicial practice, throughout the Russian Federation. In the article, the author formulates the concept of a person who occupies the highest position in the criminal hierarchy.

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MAINTAINING A POSITIVE IMAGE OF A LAW ENFORCEMENT OFFICER IN A GLOBALIZED WORLD

Posted in 2021, Isssue № 01(103) January 2021, JURISPRUDENCE | 0 comments

The article analyzes the problem of maintaining a positive image of law enforcement officers in the context of globalization in the world as exemplified by Russian institutions. The changes in the world as a result of globalization as well as the changes in the sociopolitical and economic foundations of many states aggravated by the protracted economic crisis have generated a surge in crime in many countries and across the globe. As a result, the image of a law enforcement officer has undergone a negative shift in the perception of civilians worldwide. The study presents a viewpoint that positive changes can only be achieved by stabilizing the sociopolitical and economic conditions as well as by significantly reducing crime and corruption both in single countries and in the world as a whole.

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“REGULATORY GUILLOTINE” IN THE SPHERE OF TRANSFORMATION OF LEGAL REGULATION OF CERTAIN EDUCATION ISSUES IN THE RUSSIAN FEDERATION

Posted in 2021, Isssue № 01(103) January 2021, JURISPRUDENCE | 0 comments

The purpose of the current article is to analyze the phenomenon of the “regulatory guillotine” as a process of removing obstacles and problems in education legislation that hinder the dynamic development and efficiency of a modern system of state-legal regulation of education that meets the requirements of the modern times and technological development. The study examines the features of the transformation of legal regulation of certain education issues in the Russian Federation as well as identifies certain improvements. Today’s society is undergoing rapid developments following the technological advancements that transform all segments of modern life. The existing approaches to education are losing their relevance just as fast. These developments require timely management of the education system and the transformation of the regulatory framework governing the functioning and development of education.

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IDEAS OF PARLIAMENTARISM IN THE PROGRAMS OF RUSSIAN CENTRIST POLITICAL PARTIES IN THE EARLY TWENTIETH CENTURY

Posted in 2021, Isssue № 01(103) January 2021, JURISPRUDENCE | 0 comments

The work examines the aspects of the development of the liberal movement, as well as the formation and evolution of centrist political parties in Russia. The formation of parties was influenced by the events that marked the beginning of the twentieth century in Russia: The Russian Revolution of 1905-1907, the adoption of The Manifesto on the Improvement of the State Order, which significantly affected the political landscape in the country. The article conducts an analysis of the role and place of the centrist parties in the alignment of political forces, their influence on the political situation. The study provides a general description of the program provisions of the largest political parties of the entire centrist spectrum (from moderate to liberal) in terms of their compliance with the most urgent tasks of the development of Russian statehood.

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A REVIEW OF LEGAL STRATEGIES IN THE CONTEXT OF ACCEPTANCE OF EXPERT TESTIMONY AS EVIDENCE IN A VEHICLE INSURANCE DISPUTE

Posted in 2021, Isssue № 01(103) January 2021, JURISPRUDENCE | 0 comments

The current article provides an overview of the legal strategies on the issue of recognizing an expert’s testimony as evidence in a vehicle insurance dispute. The aim of the study is to examine the formulated and existing legal strategies of various legal authorities on this issue from the point of view of the possibility of their subsequent consideration and use in law enforcement activities. The study is based on the use of such methods as analysis, synthesis, comparative legal analysis, systemic and structural analysis. The author also notes the difference in the approaches of the doctrine and law enforcement in terms of the possibility of giving standing to a review of an expert testimony.

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MUNICIPAL RULEMAKING: COMMON PROBLEMS AND SOLUTIONS

Posted in 2021, Isssue № 01(103) January 2021, JURISPRUDENCE | 0 comments

The article notes that one of the priority tasks of local self-governing bodies at the present stage is the creation of a high-quality system of municipal legislative acts. Based on the data of prosecutor’s inspections, the study analyzes the current problems in the field of municipal rule-making, identifies common violations in municipal normative legislative acts and certain trajectories for their solution in accordance with the current legislation of the Russian Federation. The study pays special attention to the tools for conducting the examination of municipal legislative acts.

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ISSUES OF LEGISLATIVE REGULATION OF THE INHERITANCE CONTRACT IN THE RUSSIAN FEDERATION

Posted in 2021, Isssue № 01(103) January 2021, JURISPRUDENCE | 0 comments

In the Russian civil legislation, the inheritance contract appeared as a result of the 2017-2018 inheritance reform. An analysis of the provisions regulating the inheritance contract demonstrates that there is a significant number of problems associated with the unresolved issues of abuse coming from the parties involved in the procedure. The subject of the study is the provisions of foreign and domestic legislation on the subject of inheritance contract. The aim of the article is to study the problems of legislative regulation of the inheritance contract and develop proposals for their solution. The methodological basis of the research includes the dialectical method as well as special and private law methods of studying legal phenomena: system and structural, comparative and legal, formal and legal, etc. The author’s development of proposals and recommendations for improving the norms of domestic civil legislation regulating the subject of the inheritance contract substantiate the scientific novelty of the study. At the end of the article, the author concludes that in order to improve the effectiveness of the application of the inheritance contract, the Russian legislators require mechanisms that prevent the abuse of both parties involved in the inheritance contract.

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THE CONCEPT OF NATIONAL INTERESTS IN THE CONTEMPORARY THEORY OF STATE AND LAW

Posted in 2021, Isssue № 01(103) January 2021, JURISPRUDENCE | 0 comments

At the present stage of development of legal science, there is a lack of a systematic and comprehensive general theoretical study of the nature, essence and content of national and a mechanism for ensuring their implementation, which will negatively affect the positive development of society and state, including ensuring the actualization of national interests. The theory of national interests has not yet been created despite the scientific and practical need in this subject. The object of the research is a complex of public relations that arise in the sphere of forming and ensuring the actualization of national interests through the appropriate legal mechanisms. The subject of the research is legal norms, legal regularities, etc., which comprise the legal basis for the formation and actualization of national interests. The study also includes scientific approaches, legal categories and concepts of the theory of national interests, official documents (strategies, concepts, agreements, programs, projects, etc.) as well as the law enforcement and judicial practice. The purpose of the research is to develop the theory of national interests in a systematic, comprehensive and scientific way, including the nature, essence and content of national interests as well as the legal mechanism for ensuring their actualization; to identify problems and directions for improving the effectiveness of this mechanism; to make suggestions and recommendations for improving the effectiveness of this mechanism. To achieve these results, the study completed the following objectives: to examine the nature and genesis of the concept of a “national interest”; to consider the current state and aspects of the organizational and legal support of national interests in Russia; to conduct an analysis of scientific approaches to the concept of national interests; to explore the essence and content of national interests and to present their classification.

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PROPERTY-RELATED CORPORATE LEGAL MATTERS

Posted in 2020, Issue № 12(102) December 2020, JURISPRUDENCE | 0 comments

The article examines the general provisions of property corporate legal matters as a form of civil law. The authors support the dominant approach to the issue correlation of types of corporate legal relations and make an attempt to identify the specifics of property (corporate) legal relations as an integral part of corporate law. The study takes into account the current legislation, judicial practice of higher courts and doctrinal sources. Based on the results of the study, the authors come to the conclusion that property-related corporate legal matters occupy a crucial position among the types of corporate matters. The study also notes that corporate legal matters cannot only be of a property nature.

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THE PROBLEM OF THE PERCEIVED IMAGE OF A POLICE OFFICER IN MODERN SOCIETY

Posted in 2020, Issue № 12(102) December 2020, JURISPRUDENCE | 0 comments

The article deals with the issues of historical continuity and integrity of the image of an employee of the Ministry of Internal Affairs as well as explores the ways to form a positive image of a police officer in public consciousness. The study discusses improving the specialist training, preventive work aimed at preserving the current employees’ sense of the importance of their professional role, competence in operations and service. The authors of the article come to the conclusion that in order to form a holistic, positive image of a police officer, it is necessary to work on the theoretical and practical development of the image of an Internal Affairs officer and continue defining his status in society. For this purpose, society requires daily, systematic work of all state institutions.

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COMPARATIVE LEGAL ANALYSIS OF THE BUDGET AND TAX SYSTEMS OF RUSSIA AND GERMANY

Posted in 2020, Issue № 12(102) December 2020, JURISPRUDENCE | 0 comments

The article compares the budget and tax systems of Russia and Germany, noting both their similarities and differences. Despite the fact that both Russia and Germany are Federal States, their models of fiscal federalism, however, are different. This difference is examined in the context of financial equalization. When comparing the tax systems, the identified differences are primarily in the number of tax laws in both countries, the subjects of taxation, and the quality of tax benefits. The main focus of the study is on the progressive scale of taxation, which is thoroughly developed in Germany, but it is not utilized in the Russian Federation, although there are legislative initiatives to introduce it, and the readiness of taxpayers to introduce it was confirmed by a Russian Public Opinion Research Center survey. The article positively assesses the current budget and tax policy in Russia and suggests strengthening its flexibility, taking into account comparative studies for its more effective implementation.

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BREAKTHROUGH RESULTS OF THE REFORM OF ADMINISTRATIVE PROCEDURES OF THE STATE ADMINISTRATION ON THE PROCEDURES OF ENTRY, EXIT AND STAY OF FOREIGN CITIZENS IN VIETNAM

Posted in 2020, Issue № 11(101) November 2020, JURISPRUDENCE | 0 comments

The article illustrates the results of the reform of administrative procedures of state administration in the field of regulating the entry, exit and stay of foreign citizens carried out by the immigration service of the Ministry of Public Security of Vietnam in recent years. Based on the study of legal documents in this area, reports of the Ministry of Public security and practical research conducted in this work, the author proposes a number of solutions that will help improve the results of the reform of administrative procedures of public administration of regulating the entry, exit and stay of foreign citizens carried out by the immigration department of the Ministry of Public Security of Vietnam in the near future.

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THE RIGHT TO DEFENSE IN A COURT OF LAW WHEN SUBJECTED TO DETERRENT MEASURES ACCORDING TO THE CRIMINAL PROCEDURE LEGISLATION OF VIETNAM

Posted in 2020, Issue № 11(101) November 2020, JURISPRUDENCE | 0 comments

Criminal proceedings represent an area of vulnerability where every order, decision, or action can directly violate human rights. The improvement of criminal procedure legislation is one of the most important tasks for the protection of human rights. This article explores changes and additions to the 2015 Criminal Procedure Code of the Socialist Republic of Vietnam and compares it with its 2003 Criminal Procedure Code in terms of ensuring the right to judicial defense when deterrent measures are being applied. The paper details the major aspects of implementing the right to defense by participants in criminal proceedings and defines the practical significance of strengthening the new provisions in the Criminal Procedure Code of the Socialist Republic of Vietnam. The study has determined the development trends of the current criminal procedure legislation of the Socialist Republic of Vietnam in terms of ensuring the right to defense in criminal proceedings.

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АBUSE OF HUMAN RIGHTS AND FREEDOMS

Posted in 2014, Issue December 2014, JURISPRUDENCE | 0 comments

The article represents interconnection of two categories «abuse of right» and «rights and freedoms of man and citizen». Also put the problems arising translation of these categories in the juridical language and ways to solve them.

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