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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, 18+

ON THE CONCEPT AND SPECIFICS OF PROHIBITED LEGAL SYMBOLS

Posted in 2018, Issue №10(76) October 2018, JURISPRUDENCE | 0 comments

The paper presents the analysis of the concept and features of prohibited legal symbols. Based on the selected key features of this group of symbols, the author has attempted to provide a comprehensive definition of prohibited legal symbols; analyzed the history of the emergence and development of symbols, their diversity; discussed the belonging of one or another symbolism to a legal group of symbols; offered a complex concept of legal symbolism, and highlighted such categories as legal symbols in a broad sense, legal symbols in a narrow sense, as well as legally significant symbols.

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MAIN FEATURES OF INVESTIGATION OF NARCOTIC DRUGS TRAFFICKING USING THE INTERNET

Posted in 2018, Issue №10(76) October 2018, JURISPRUDENCE | 0 comments

The structure of the methodology for investigating narcotic drugs trafficking using the Internet is presented, the elements of the forensic characterization are indicated. An investigation program is proposed to establish and detain a suspect at the initial stage and to prove the suspect’s guilt at a later stage using Internet monitoring, a tactical and test purchasing operation, withdrawal, inspection of physical evidence, electronic information, computer technical expertise, etc.

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CONSTITUTIONAL LAW OF CHILDREN FOR HEALTH PROTECTION WHEN PURCHASING MEDICINES FROM PHARMACY ORGANIZATIONS

Posted in 2018, Issue №10(76) October 2018, JURISPRUDENCE | 0 comments

The present article is devoted to the issue of observing children’s rights to health care in the field of medicines circulation. The priorities and main directions of the state policy in the field of protection of children’s right to health are discussed. A survey of pharmaceutical workers and the analysis of the data are performed. A real picture of the sale of medicines to children and related problems are revealed. The need for the development and approval of retail entities of standard operating procedures by managers is established to comply with the rules of proper pharmacy practice of medicines for medical use.

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CLASS DIRECTION OF PSYCHOLOGICAL LEGAL CONSCIOUSNESS OF M.A. REISNER IN THE TWENTIES OF THE XX CENTURY IN SOVIET RUSSIA

Posted in 2018, Issue №10(76) October 2018, JURISPRUDENCE | 0 comments

The article is devoted to the study of the class direction of the psychological legal consciousness of M.A. Reisner, the representative of the Soviet legal science in the 20s of the 20th century. The pre-revolutionary psychological school of law of Leon Petrazycki is analyzed, as well as the influence of Marxism on the re-interpretation of these views. The legal consciousness of M.A. Reisner as a manifestation of compromise and connection of intuitive rights of certain classes existing in a particular society is under consideration. Particular attention is paid to the interpretation of the law as a secular ideology based on truth, justice, and equality in the understanding of the Soviet scholar.

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PREVENTION OF OFFENSES BY PROSECUTORS

Posted in 2018, Issue №9(75) September 2018, JURISPRUDENCE | 0 comments

The prevention of law violations by the prosecution authorities of the Russian Federation is conditioned by the main purpose of the prosecutor’s office. Prevention is inherent in prosecutorial oversight, coordination in fighting crime, legal education and other types of prosecutors’ activities aimed at ensuring the rule of law. Preventive actions taken by prosecutors in the form of legal education, warning about the inadmissibility of law violation, introducing the idea of eliminating law violations, as well as causes and conditions that encourage these actions are analyzed. Examples of the prosecutors’ practice are given.

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LEGAL REGULATION IMPROVEMENT OF STATE AND MUNICIPAL PROPERTY RENTING

Posted in 2018, Issue №5(71) May 2018, JURISPRUDENCE | 0 comments

The modern concept of property renting is given in the paper. The specifics of legal regulation of renting relations by the Civil Code of the Russian Federation are considered as well, the subjects of state, municipal and other property are disclosed. The specifics of concluding rentings of state and municipal property are also described. A legal lacuna associated with participation in leasing relations of organizations in the authorized capital of which the share of state and municipal institutions is more than fifty percent is revealed. A method for its elimination is proposed, both at the level of federal legislation and at the level of legislation of the subjects of the Russian Federation.

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KEY CRITERIA FOR SPECIALIZATION OF JUDICIAL BODIES

Posted in 2018, Issue №1(67) January 2018, JURISPRUDENCE | 0 comments

The problem of the concept of specialized courts and the formulation of criteria for referring them to judicial bodies is posed; The various types of specialization have been explored: functional and institutional. The author’s definition of the concept of a “specialized court” is proposed in accordance with the criteria formulated in the study on the basis of a critical analysis of traditional approaches. A number of scientific concepts related to this problem are considered; the author offers his vision of the reasons for the relevance of the study of specialized courts.

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ON ROLE OF COURT IN PROCESS OF PROVING AND ENSURING CONTENTIOUSNESS OF PARTIES IN JUDICIAL EXAMINATION

Posted in 2018, Issue №1(67) January 2018, JURISPRUDENCE | 0 comments

The paper examines some aspects of the interlocutory activities of a court, which, in the context of contentiousness litigation, under expansion of the scope of the implementation of the disposability principle is aimed at creating conditions for parity usage of rights by parties, and as a result, obtains the importance of guaranteeing a full, comprehensive and objective investigation of the circumstances of a criminal case, and also the issuance of a lawful, reasonable and just sentence. The structure of the interlocutory activities of a court is analyzed from the standpoint of the unity of its three elements: informative, organizational, tactical, and legal.

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DIFFERENTIATION OF RIGHTS OF MINORS

Posted in 2018, Issue №1(67) January 2018, JURISPRUDENCE | 0 comments

This article is devoted to the characteristics and forms of differentiation of subjective rights. Traditionally, differentiation of labor rights is distinguished, at the same time, this process has an industry-wide character, which can be seen in the study of the rights of minors. A comparison is made between the volume of the same rights in different categories of minors and also with the volume of the same rights for adults as a method of identification and analysis of the industry-wide nature of the differentiation of subjective rights. The article also examines the differences in the differentiation of the rights of minors from other processes – discrimination, unification, classification of subjective rights.

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LEGAL GLOBALIZATION: CONCEPT AND CONTENT

Posted in 2018, Issue №1(67) January 2018, JURISPRUDENCE | 0 comments

The author considers the approaches to the concepts of “globalization” and “legal globalization”, the signs of legal globalization are defined, as well as the main directions of its development, the correlation between the concepts of “legal globalization” and “convergence of law” is also presented. The results showed that legal globalization is manifested in all branches of law and partly coincides with convergence of law. The features of the manifestation of legal globalization in various branches of law are examined, namely in civil legal proceedings, in criminal law and in criminal procedure. The regional peculiarities of the process of legal globalization are determined on the example of the European Union.

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MAIN FEATURES OF APPLYING PHYSICAL STRENGTH AND SPECIAL MEANS USED BY EMPLOYEES OF THE SECURITY DEPARTMENT OF THE PENITENTIARY ESTABLISHMENT IN THE PROCESS OF OFFICIAL DUTIES IMPLEMENTATION

Posted in 2018, Issue №1(67) January 2018, JURISPRUDENCE | 0 comments

The authors consider the main features of special means and physical strength use by security department employees of the penitentiary institutions, as well as their legal regulation. Separately, an analysis of some situations that may occur in the process of employees’ performance of their job duties and possible consequences of these situations for the penitentiary institution are carried out. The main features of the use of physical force and special means in various parts of the regime zone of the penitentiary institution are disclosed.

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DEVELOPMENT OF INSTITUTE FOR APPEALING OF TAX AUTHORITIES IN RUSSIA DURING NEW ECONOMIC POLICY PERIOD

Posted in 2018, Issue №1(67) January 2018, JURISPRUDENCE | 0 comments

The paper considers the development of the legal regulation of taxpayer appealling against the actions of tax authorities in Russia during the NEP period, the opinions of Russian scientists on administrative justice, including M.D. Zagryatskov, reflected in his work on administrative law; the authors revealed the general principles of a motion of a complaint, the stages of its consideration by the authorized bodies, reflected in legal acts regulating the collection of various taxes; it is noted that the tax legislation of the period under investigation in the issue of building an institute for appealing the actions of tax authorities has made a significant step forward.

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ON ACTIVITIES OFMEDICAL POLICE IN 19TH CENTURY

Posted in 2018, Issue №1(67) January 2018, JURISPRUDENCE | 0 comments

This article examines the activities of the medical police in the 19th century, and reveals certain areas of its activities in the 19th century. The Medical Department and the Medical Council were established in 1802 as the part of the Ministry of Internal Affairs of the Russian Empire. The medical department was supposed to implement the medical and police measures listed in the Medical Regulations. During the considered period, the legislator saw the need to prevent the spreading of certain diseases, protect air purity and food safety, oversee the sale and the use of poisonous and potent substances, especially in police. The above-mentioned areas of activity of the Medical Department of the Ministry of Internal Affairs of the Russian Empire are analyzed in the article.

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CRIME FACTORS IN VOLGA FEDERAL DISTRICT OF RUSSIAN FEDERATION

Posted in 2017, Issue №12(66) December 2017, JURISPRUDENCE | 0 comments

The article contains the results of a study of the main factors (social and economical, demographic, organizational and legal) determining the crime situation in the Volga Federal District of the Russian Federation. This region, was identified as one of the most unfavorable (in terms of criminal), according to the analysis of the statistical data of the FSI “Main Information and Analysis Center of the Ministry of Internal Affairs of Russia” on the crimes committed during the period of January-December, 2016, which predetermined the study of the specifics of the crime determination in it. The results of the conducted research make it possible purposefully and effectively apply crime prevention measures.

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PROBLEMS OF LEGAL REGULATION OF OBSERVANCE OF CHILDREN’S RIGHTS, LIVING IN PERIPHERAL AND NORTHERN TERRITORIES, IN SUPERVISORY ACTIVITIES OF PROSECUTOR

Posted in 2017, Issue №12(66) December 2017, JURISPRUDENCE | 0 comments

The paper deals with the existing problems in the legal regulation of social protection of the children’s rights, the residents of peripheral and northern territories, established by the prosecutor during the process of supervisory activities. Since children of this category live in areas, away from the center or with special climatic conditions of the North, their special protection by the state is necessary. The rights of such children are violated more often than in other territories of the Russian Federation. This applies to the rights to protect health, education, social protection, labor, recreation, etc., which require additional legal regulation, and here a special place is given to the prosecutor, whose supervisory activities are aimed at protecting the rights of one of the most vulnerable categories of children’s citizens.

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BALANCE LEGALIZATION PRINCIPLES IN JURISPRUDENCE

Posted in 2017, Issue №12(66) December 2017, JURISPRUDENCE | 0 comments

The paper is devoted to the analysis of the principles approving the validity of judgments and conclusions regarding the balance-model concept and other constructions used in legal practice. The author draws special attention to the fact that the study of principles contributes to the clarification of historical and legal balance transformations, since it has a direct impact on the processes of its nature formation and the legalization algorithm in the legal system of the Russian Federation, and in considering the legal nature of the balance, the principles play a leading role role, which is discussed by their methodological-empirical function.

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EXECUTION OF LAWS AS A FORM OF LAW ENFORCEMENT

Posted in 2017, Issue №12(66) December 2017, JURISPRUDENCE | 0 comments

The article is devoted to the analysis of the concept of “execution of laws” which is considered one of the forms of law enforcement. The author comes to the conclusion that, unlike the observance of laws, which is a common duty of all citizens of the Russian Federation, only special subjects execute laws. It is specified that the organization of legislative acts implementation as well as other normative acts is the main purpose of the executive power. A distinction is made between the related concepts “enforcement of law” and “application of law.” The nature of the duty which is the essence of the execution of laws is considered.

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CONCEPT OF “LEGAL FRAMEWORK” AS “FASHION” CONCEPT

Posted in 2017, Issue №12(66) December 2017, JURISPRUDENCE | 0 comments

The paper deals with the concept of “legal framework” as a frequently used concept not only in legal literature, but also in numerous media. The author succinctly analyzes existing interpretations and concepts meanings that reveal the functional possibilities of “legal framework” term. The concept of “legal framework” includes the universal symbols of diverse processes: economic, political and legal, sociocultural, etc. [3]. It is a concept that is multi-subject character.

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THE BASIS OF THE CRIMINALIZATION OF THE NON-MEDICAL CONSUMPTION OF NARCOTIC DRUGS, PSYCHOTROPIC SUBSTANCES AND NEW POTENTIALLY HAZARDOUS PSYCHOACTIVE SUBSTANCES IN RUSSIA

Posted in 2017, Issue №11(65) November 2017, JURISPRUDENCE | 0 comments

Based on the analysis of foreign experience, statistical data, and the practice of legislation applying, we conducted the study of the grounds for criminalizing the non-medical use of narcotic drugs, psychotropic substances and new potentially dangerous psychoactive substances in Russia in modern period. It is established that drug use is a widespread, socially dangerous phenomenon, the prevention of which is impossible only by force. As a result of the study, it was grounded that it is not expedient to establish criminal liability for drug use.

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SOCIAL MANAGEMENT IN THE CONTEXT OF OBTAINING POLITICAL POWER

Posted in 2017, Issue №11(65) November 2017, JURISPRUDENCE | 0 comments

Control over vital resources is one of the main sources of power. Huge power over the lower class of society is concentrated in the hands of social officials. The authoritative powers of officials who have the right to take children from the family are estimated by the author as illegitimate, and the sphere of social assistance is far from the legal ideal. The author suggests considering the development of measures aimed at compensating the losses that reduce social opportunities of residents of a particular settlement.

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