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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

DEFINITION OF THE CONTRACT AS A PROMISE IN ENGLISH-AMERICAN LEGAL DISCOURSE

Posted in 2017, Issue № 6(60) June 2017, JURISPRUDENCE | 0 comments

Historically, contract in English, and later in American law, is defined as a promise. This definition is in opposition to the definition of a contract adopted in continental legislation, at first, where it is defined as an agreement of the parties. In this article, we examine the main approaches to the nature of the binding promise in the Anglo-American legal discourse. It is shown that the definition of a contract as a promise does not always oppose a will theory, as it is commonly believed. The views of scholars of the countries of the common law on a promise are not uniform and in some interpretations merge with the will theory.

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ROLE OF A CUSTOM AND NORMAL AND BUSINESS TRADITION IN REGULATION OF CORPORATE RELATIONS

Posted in 2017, Issue № 6(60) June 2017, JURISPRUDENCE | 0 comments

The article studies the concepts of custom and tradition in legal life. Their advantages and disadvantages are analyzed. Comparisons are made between a legal custom and corporate custom. The paper contains examples of the customs application, useful properties were singled out and the huge role in the quality of the source in the charters of various corporate organizations was emphasized. A conclusion is drawn regarding insufficient attention to this phenomenon on the part of legislators and, as a consequence, its deficiency in various regulatory legal acts.

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PUBLIC RELIABILITY OF REGISTERED SECURITIES

Posted in 2017, Issue № 6(60) June 2017, JURISPRUDENCE | 0 comments

The article discusses one of the innovations of the legislator regarding the regulation of securities and namely, the provision in the Civil Code of the Russian Federation on public reliability of documentary securities made by the legislator with a view to unifying and bringing the entire system of documentary securities to a common denominator. The author analyzes the consequences of using registered securities called ordinary registered securities in literature (recta securities). The impact of this innovation on the turnover of this type of securities is estimated.

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MAIN FEATURES OF THE WORLD TRADE ORGANIZATION AS A UNIVERSAL INTERNATIONAL ORGANIZATION

Posted in 2017, Issue № 6(60) June 2017, JURISPRUDENCE | 0 comments

The article contains various approaches to understanding the essence of the World Trade Organization legal nature. Theoretical issues of contractual legal capacity are considered in the paper. Arguments to the lack of supranational functions of an international intergovernmental organization are also provided. We identified the main characteristics of the organization and established that sanctions within the WTO are not retrospective. The practice of the EU and the US was considered for a deeper analysis of the characteristics of the organization. The results of the research showed that the WTO has all the features of a universal international organization.

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CORPORATION PARTICIPANTS AS ITS REPRESENTATIVES

Posted in 2017, Issue № 6(60) June 2017, JURISPRUDENCE | 0 comments

The article studies some circumstances that are the basis of the corporation participant’s right to an indirect claim. The legal status of a corporation participant is analyzed as a party to such a claim. It is concluded that a corporation participant is still a different entity than the corporation itself, but it also acquires the status of a representative. The legal status of a participant can be defined as a “nominal representative.”

The recommendations concerning necessary actions of the court in resolving these claims based on representation of this kind are formulated.

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ON SOME METHODS OF MOST EFFECTIVE DETERMINATION OF LOCATION OF TERM DEFINITION IN CRIMINAL CODE OF RUSSIAN FEDERATION

Posted in 2017, Issue № 6(60) June 2017, JURISPRUDENCE | 0 comments

The article deals with the legal and technical problem of the most effective definition of the location of the term in the text of the Criminal Code of the Russian Federation (hereinafter – the Criminal Code of the Russian Federation). The author suggests several ways of appropriately fixing criminal legal definitions, taking into account the composition of the Criminal Code of the Russian Federation, the requirements of logic and the convenience for the law enforcement agent or other interested person in their search and use. An attempt was made to present the definitions in the text of the Criminal Code of the Russian Federation in the form of a separate chapter. The errors of the legislator are indicated when placing the definitions in the text of the Criminal Code of the Russian Federation.

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ACTIVITIES OF DIRECTORATE FOR MIGRATION AFFAIRS OF THE MINISTRY OF INTERNAL AFFAIRS OF RUSSIA IN THE NIZHNY NOVGOROD REGION TO CONTROL THE MIGRATION SITUATION

Posted in 2017, Issue № 5(59) May 2017, JURISPRUDENCE | 0 comments

The paper analyzes the current migration situation in the Nizhny Novgorod region, as well as the activities of the Directorate for migration affairs of the Ministry of Internal Affairs of Russia in the Nizhny Novgorod region to ensure migration security. The existing problems in this area, the ways to overcome them, and basic statistical information are also presented in this work. The author’s positions regarding the negative consequences for the state due to illegal migration in general and the increased number of crimes committed by migrants in particular are considered. The main conclusion drawn from the study is as follows – there is an urgent need to implement measures to resist migration criminality, which include not only the development and use of technical and forensic tools, but also the help for migrants in adapting at the territory of the Nizhny Novgorod region, and the whole country.

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PROBLEMS OF ADDICTIVE DRUGS APPLICATION IN PALLIATIVE MEDICAL CARE IN THE RUSSIAN FEDERATION

Posted in 2017, Issue № 5(59) May 2017, JURISPRUDENCE | 0 comments

The author of the article defined an attempt to analyse topical problems of using addictive drugs in palliative medicine in the Russian Federation as a research task. The article deals with real cases that contributed to the change of the situation with regard to facilitating the life of patients who are in the terminal stage of the disease. Comparative improvement of the legislative regulation of the circulation of addictive drugs for medical purposes is noted. It is proposed to consider the results of recent studies to assess the possibility of expanding the list of addictive drugs used in medicine.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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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