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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
ЭЛ № ФС 77 - 80772, 16+

COMMERCIAL HIRING CONTRACT: ENFORCEMENT ISSUES

Posted in 2021, Issue № 12 (114) December 2021, JURISPRUDENCE | 0 comments

In modern reality, there is a very high need among citizens to conclude a commercial hire contract. Various approaches to the definition of the concept and essence of this type of contract are given. It is indicated that the Russian legislator does not pay due attention to the commercial hire contract. The Housing Code of the Russian Federation absolutely does not mention this type of contract, and the Civil Code of the Russian Federation only regulates the most general provisions. In practice, problems arise with the conclusion, modification and termination of the contract. In particular, the uncertainty of the form of the treaty gave rise to disputes relating to the invalidation of the treaty and the application of its effects. The article conducts an analysis of judicial practice on issues related to the possibility of termination of a commercial contract, both in court and non-court proceedings.

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CURRENT ISSUES ARISING IN THE APPLICATION OF LEGAL NORMS ON A GIFT CONTRACT IN RELATION TO RESIDENTIAL PREMISES

Posted in 2021, Issue № 12 (114) December 2021, JURISPRUDENCE | 0 comments

The gift contract is recognized as one of the oldest types of contracts in civil law. The origins of its use can be traced back to ancient Rome. Today, the contract of donation of residential premises as a subtype of the gift contract is a common form of civil contract. The purpose of the article is to identify gaps in the legislation regulating the procedure for the conclusion of the contract of donation of residential premises as well as to analyze works of scientific research on the contract of donation of residential premises and the features of its theoretical justification. Methodological basis:the general scientific dialectical method made it possible to study the contract of donation of residential premises in its relationship with other types of civil contract. Among the specific scientific methods, the study utilizes the method of analysis, the system method, the deductive method, all of which allowed the authors to examine the conclusion of the contract of donation of residential premises as an independent integral phenomenon. Results: modern civil legislation defines the contract for the donation of residential premises as a duly executed promise of a person to transfer residential premises to another person implying a number of features and conditions of the transaction, the non-fulfillment of which entails serious consequences for the parties up to the recognition of the contract as null and void. Conclusion: there are many gaps and imperfections in the legislative consolidation of the procedure, conditions and requirements for the drafting and application of the gift contract, examples of which were analyzed in the article, including possible ways to solve the existing legal problems.

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ON THE ISSUE OF CHALLENGING THE CADASTRAL VALUE OF REAL ESTATE PROPERTY

Posted in 2021, Issue № 12 (114) December 2021, JURISPRUDENCE | 0 comments

The article deals with topical issues of challenging the cadastral value of real estate objects during administrative proceedings, taking into account the novelties of legislative regulation and judicial practice. The introduction of amendments to the legislation on cadastral valuation, there lead to a number of questions related to the application of the pre-trial procedure for this category of cases, the definition of the type of legal proceedings, the composition of the persons involved in the case, the peculiarities of proof. The author also analyzes the problems of law enforcement practice related to the use of expert opinion as evidence in cases of contesting cadastral value, as well as the problems of distribution of court costs in case of appointment of a re-examination at the initiative of the court.

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ON THE VALIDITY OF USING BIOMETRIC DATA IN FORENSIC SCIENCE: BACKGROUND AND PROBLEMS OF LEGAL PROTECTION OF PERSONAL DATA

Posted in 2021, Issue № 12 (114) December 2021, JURISPRUDENCE | 0 comments

The article highlights the issues of the use of biometric data in forensic science and the legal regulation of personal data protection. The author of the article defines the main aspects of the development of biometric technologies in science. The article notes that today’s new biometric ­technologies are being created on the basis of the provisions of identification of the individual by the parameters of the hands or the shapes of the auricles (anthropometry), as well as in accordance with the new ways of identification via skin reflection, thermograms of the body, face, and skin, individual scent. The author points out the trends in the introduction and development of ­biometric tools in criminology, which can be attributed to practical forms of application of technologies and methods of identification of an individual. It is concluded that law enforcement systems are aimed at improving the level of public safety, therefore, the use of new effective technologies and tools is a priority.

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ON THE ELEMENT OF A CRIME OF THE ARTICLE 230 “INDUCEMENT TO THE CONSUMPTION OF NARCOTIC DRUGS, PSYCHOTROPIC SUBSTANCES”

Posted in 2021, Issue № 12 (114) December 2021, JURISPRUDENCE | 0 comments

The author of the current article aims to examine one of the elements of a crime in relation to the chapter Crimes Against Public Health and Public Morality of the Criminal Code of the Russian Federation with the element being legally protected goods, interests and values against which the criminal act is directed and to which it causes harm. Particular attention is paid to public health, which is put at risk when committing a crime under Article 230 of the Criminal Code of the Russian Federation (Inducement to use narcotic drugs, psychotropic substances or their analogues). The author points out the high social danger of crimes aimed at the illegal distribution of narcotic drugs, psychotropic substances and their analogues among young people and conducts a detailed analysis of the generic, specific and direct elements of this crime, which allows for applying this work in practice.

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ESTABLISHMENT OF ADMINISTRATIVE RESPONSIBILITY FOR VIOLATION OF LEGISLATION IN THE FIELD OF RESPONSIBLE TREATMENT OF ANIMALS IN RUSSIA AND GERMANY

Posted in 2021, Issue № 12 (114) December 2021, JURISPRUDENCE | 0 comments

In today’s society, one of the indicators of a state’s civility is the existence of legislation in the field of animal rights protection. The current article discusses the issues of responsible treatment of animals. The authors conduct a comparative analysis of the federal legislation of the Russian Federation and Germany in regards to this legal area. In addition, the study examines the features of the administrative and tort legislation of both countries. Based on the analysis conducted, the authors focus on the improvement of legal acts based on the experience of a foreign state. All conclusions are supported by scientific literature.

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LEGAL BASES OF AUTOMOBILE TRANSPORTATION ON FEDERAL AND REGIONAL ROADS OF YAKUTIA

Posted in 2021, Issue № 12 (114) December 2021, JURISPRUDENCE | 0 comments

The article deals with the legal regulation of cargo transportation on the federal and regional highways of Yakutia. In the context of market economy, the transportation of goods is crucial for the proper functioning of the Republic of Sakha (Yakutia). A well-functioning and efficient freight transport network is essential for the proper functioning of industry, trade and the economy of the region, especially for a geographically and climatically distinct region such as Yakutia.

The purpose of the study is to identify the basic aspects of the legal regulation of cargo transportation in the Republic of Sakha (Yakutia). Practical application possibilities include recommendations on cargo transportation on federal and regional roads of Yakutia.

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ON SOME ASPECTS OF THE INADMISSIBILITY OF THE EUROPEAN UNION IGNORING THE NORMS OF CUSTOMARY LAW AS THE ONLY BASIS FOR ENSURING STABILITY IN THE ARCTIC REGION

Posted in 2021, Issue № 11 (113) November 2021, JURISPRUDENCE | 0 comments

The current article analyzes some aspects of the inadmissibility of the European Union ignoring the norms of customary law as the only basis for ensuring stability in the Arctic region. The study notes the significance of the time factor for the discovery, geographical designation, and development of Arctic territories. The author also examines a Joint Communication to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions, a stronger EU engagement for a peaceful, sustainable and prosperous Arctic in Brussels, 13.10.2021, and instant response to this message from the Russian government. The study attempts to identify the essence of the confrontation of the world powers in the Arctic region and propose measures to solve the problems posed.

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ON THE RECOGNITION OF INTERNATIONAL TERRORIST ORGANIZATIONS TO BE SUBJECT TO LIABILITY UNDER INTERNATIONAL LAW. THE EXPERIENCE OF THE NUREMBERG AND TOKYO TRIALS

Posted in 2021, Issue № 11 (113) November 2021, JURISPRUDENCE | 0 comments

With the creation of the Nuremberg Trials, which marked the beginning of the development of international criminal justice, the idea of recognizing certain organizations as criminal on the basis of international legal norms also arose.

The current article analyzes the threat to international security from international criminal organizations. The legacy of the Nuremberg Trials does not include any rules on the independent international legal liability of criminal organizations; however, the positive experience of the trials should be considered as the foundation and basis for the recognition of criminal organizations as international.

The relevance of the article is due to the growing number of international terrorist organizations and the need to apply the experience of the Nuremberg and Tokyo Trials.

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CORRUPTION IN THE HIGHER EDUCATION SYSTEM OF THE RUSSIAN FEDERATION

Posted in 2021, Issue № 11 (113) November 2021, JURISPRUDENCE | 0 comments

Corruption in the sphere of education is especially harmful to the development not only of the higher education system but also for the development of the entire state. Manifestations of corruption in education are different. Some of them are contained in the doctrine of criminal law and are reflected in the legislation of the Russian Federation, but criminal law theorists and criminologists are just beginning to study a significant part of such cases.

The article examines the features of corruption in the higher education system, defines the groups of relations, the range of subjects of corruption relations in the education system and their goals. Corrupt tutoring is considered one of the most dangerous manifestations of corruption in higher education.

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SOME ISSUES OF SEARCH AND SEIZURE

Posted in 2021, Issue № 11 (113) November 2021, JURISPRUDENCE | 0 comments

This article examines the specifics of the search and seizure procedure, formulates theses on how these seemingly similar investigative actions differ both at the theoretical and practical level. The study examines the factual grounds for conducting a search and seizure, the specifics of each of these investigative actions, as well as some problems of conducting the procedure, and ways to solve them by amending the current legislation. The authors also note the existing legislative gaps in the regulation of the search and seizure procedure, ways of eliminating them, and the role of search and seizure as investigative actions that allow collecting the necessary body of evidence.

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ON THE CONCEPT AND ESSENCE OF LEGAL POLICY

Posted in 2021, Issue № 11 (113) November 2021, JURISPRUDENCE | 0 comments

Law is the main basis for regulating the life of any society at the current stage of the development of statehood. The understanding of legal policy as a social phenomenon largely depends on the concept of legal understanding with which state and law theorists approach the study.

The article analyzes two concepts of legal understanding: legal positivism and the natural law approach. The authors characterize their essence is characterized and highlight their problematic aspects; they also conduct an analysis of the concept and essence of legal policy as the main driving force of any modern state while also using an original approach to the designation and justification of the concept of legal policy. Legal policy is a key concept for the entire legal science as a whole. At the same time, it is the foundation of the entire legal system of the state. This concept is a multifaceted and complex phenomenon that it is not always clear by what specific criteria it is possible to determine how effectively the legal policy is built in a particular state.

The study determines the key features of the principle of legal policy – it is the basis for the existence of a social phenomenon, the principle exists in the form of an objective regularity, deviation from the principle destroys the social phenomenon. The development of such criteria is a need of global legal science and, above all, a vital necessity for the Russian Federation, whose policy in the field of legal regulation at the present stage of statehood needs to be adjusted, which is the main factor determining the relevance of this study.

The article also highlights the basic principle of legal policy, which, according to the author, is the observance of human rights, it is recognized as one of the fundamental principles in the formation of the rule of law.

Therefore, the purpose of this study is to analyze and determine the concept and essence of legal policy.

The research methods included the analysis of the literature on the research topic, structuring, summation of the results.

The article examines ways to evaluate the concept of legal policy based on various quantitative and qualitative features that are either already used for these purposes, or proposed by researchers.

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PHILOSOPHICAL AND LEGAL ASPECTS OF THE EVOLUTION OF DISCRIMINATION AS A PHENOMENON

Posted in 2021, Issue № 11 (113) November 2021, JURISPRUDENCE | 0 comments

In this scientific article, the author raises the problem of applying an evolution-based approach when considering some aspects of the development of the phenomenon of discrimination, which is the object of research of philosophy, as well as the theory of law. The article discusses some aspects of the evolution of discrimination as a phenomenon. By examining discrimination as a phenomenon and also applying the doctrine of Plato’s ideas when considering this phenomenon, the author of the article puts forward the idea of the origin of this phenomenon in the form of ideas. The author examines some aspects of the development of the phenomenon of discrimination from the standpoint of natural law, highlighting some philosophical and legal aspects of the evolution of this phenomenon. In this research article, the author identifies and analyzes several forms of discrimination as phenomena that replace each other during the evolutionary development of this phenomenon.

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LAW AND ORDER AS AN EXTERNAL LEGAL FORM

Posted in 2021, Issue № 11 (113) November 2021, JURISPRUDENCE | 0 comments

The concept of legal form is widely used in the theory of state and law and other adjacent fields. One of the authors of the article has been developing this concept for more than twenty years after defending a thesis on this subject. The purpose of the current article is to examine the rule of law as an external legal form linking public order with the norms of applied legal disciplines. In this context, the rule of law has not been studied either in theoretical or in branch studies, which is the main task of this study. The study of internal and external legal forms seems relevant, as it shows the process of transformation of social phenomena into legal ones. The study uses logical and dogmatic methods are used. These methods make it possible to define categories of public law and order using the concept of legal form. The legal form is divided into internal and external, which are examined in the context of practical application in modern Russian legislation. The internal legal form shows the connection of legal phenomena within the law itself, and the external legal form reflects the connection of legal and non-legal phenomena necessary for the definition of legal categories. The concepts used by the Constitution of the Russian Federation, “memory of ancestors”, “love and respect for the Fatherland”, “responsibility for one’s Homeland” are essentially non-legal categories, but they become legal within the framework of an external legal form when they work in legal connection within the offense. The rule of law, being a traditional legal category within the framework of the study of the theory of state and law, administrative and criminal law, can be studied from the point of view of the external legal form as a connection of legal norms of branch disciplines with non-legal social relations in need of legal regulation.

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LEGAL REGULATION OF CONTRACT TERMINATION TAX CONSEQUENCES

Posted in 2021, Issue № 11 (113) November 2021, JURISPRUDENCE | 0 comments

The article examines a relevant practice-oriented issue – contract terminations tax consequences. On the one hand, this issue is regulated by the norms of the Tax Code of the Russian Federation. On the other hand, in practice there are much more questions than the Tax Code of the Russian Federation provides, because letters from the Ministry of Finance of the Russian Federation and the Federal Tax Service, as well as judicial practice, are used in regulating the tax consequences of contract termination. One of the problems associated with the termination of contracts is the return of advance payments. The article examines in detail the complexities of the legal regulation of VAT and income tax under such conditions; it also identifies contradictions between the explanations of the Ministry of Finance and judicial practice. The problem of attributing certain amounts to income or expenses with paid income tax in case of termination of the contract is also investigated. Specific examples are also examined.

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PUBLIC ORDER AS A CATEGORY OF NATIONAL AND INTERNATIONAL PRIVATE LAW

Posted in 2012, Issue №7(7) December 2012, JURISPRUDENCE | 0 comments

It has already been accepted that the fundamental civil law principle of freedom of contract is greatly restricted. Such restrictions play the role of legally invalidating contracts that contradict public order requirements (public order, public policy). The focus of this article is such legal phenomenon as public order from the point of view of national and international private law.

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THE COST OF MORAL DAMAGE

Posted in 2013, Issue August 2013, JURISPRUDENCE | 0 comments

The article is devoted to analysis of judicial practice in actions for the recovery of compensation for moral damage.

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RELEVANT PROBLEMS OF LEGAL REGULATION OF THE USE OF WEAPONS BY EMPLOYEES OF THE FEDERAL PENITENTIARY SERVICE OF RUSSIA DURING SERVICE

Posted in 2021, Issue №10 (112) October 2021, JURISPRUDENCE | 0 comments

The article analyzes the legal regulation of the use of weapons by employees of the Federal Penitentiary Service ans examines the legal norms allowing the use of weapons by employees of the executive system. The legal basis for the use of weapons by employees of the penal enforcement system is a real threat to their life and health. The article describes the service of the penitentiary system staff and the difficulties it involves: extremity, dynamism, the unpredictability of the field conditions. Particular attention is paid to the readiness of employees to use the weapons. The main problems of the use of service weapons are exceeding the necessary limits of their use; the need to prove the legality of their use; fear of the use of the weapons; unwillingness to use the weapons against people; a short period of time to make a decision on the use of weapons. The article proposes measures aimed at improving the efficiency of the performance of employees of the penal enforcement system and improving the security of employees serving with weapons.

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ON THE UNDERSTANDING AND ASPECTS OF CORRUPTION IN THE RUSSIAN FEDERATION

Posted in 2021, Issue №10 (112) October 2021, JURISPRUDENCE | 0 comments

Corruption is one of the key obstacles facing the Russian Federation on the way to becoming a state governed by the rule of law. The causes of corruption can be found in the social, cultural, economic and other features of the development of society and the state. The fight against corruption should be systemic in nature, covering all spheres of public life, for which it is necessary to define the concept of corruption and its features in Russia. The article describes approaches to understanding corruption such as the legal, economic, and sociological approaches; the article carries out an assessment of the recognized and both domestic and international definitions of corruption. The article also examines the features of corruption in the Russian Federation, which determine the specifics of corruption in Russia.

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ON THE RELATIONSHIP BETWEEN STATE SOVEREIGNTY AND THE JURISDICTION OF THE INTERNATIONAL MILITARY TRIBUNAL

Posted in 2021, Issue №10 (112) October 2021, JURISPRUDENCE | 0 comments

The article discusses the correlation between state sovereignty and the jurisdiction of the International Military Tribunal.

The paper examines the issues of the creation and jurisdiction of the International Military Tribunal, the role of the International Military Tribunal in the formation of international criminal law, as well as the principle of sovereignty and the role of the Nuremberg Process in the formation of the principle of universal jurisdiction.

The relevance of this research is due to the issue of determining the relationship between the sovereignty of independent States and the jurisdiction of the International Military Tribunal. Currently, there are no clear positions regarding the superiority of the jurisdiction of the International Military Tribunal over domestic legislation and vice versa.

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