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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+

DOMAIN NAME INHERITANCE

Posted in 2020, Issue № 09(99) September 2020, JURISPRUDENCE | 0 comments

The article looks into the main features of domain names succession in Russia. It is concluded that the lack of proper regulation of the domain names legal character and disputes over the legal nature of the domain name does not allow for proper protection of the rights of the participants in inheritance relations when the domain name is transferred from the testator to the heir. Based on the above, the author proposes to develop regulation of the domain name legal character and the order of its succession due to the current legislation of the Russian Federation.

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ON THE ASPECTS OF MANAGING LAW ENFORCEMENT INTELLIGENCE OPERATIONS COMBATING THE FINANCING OF TERRORISM

Posted in 2020, Issue № 09(99) September 2020, JURISPRUDENCE | 0 comments

The article considers the issues of countering terrorism as a form of violent extremism. The author particularly focuses on the organization of law enforcement intelligence combating the financing of terrorism as one of the main directions of comprehensive prevention measures in the fight against the terroristic threat that the state bodies can take. The author formulates the definition of the law enforcement intelligence combating the financing of terrorism, points out the major problems arising in the enforcement process among those who carry out law enforcement intelligence operations in the field of combating the financing of terrorism and extremism, and suggested the main directions for improving this activity.

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CONTRACTUAL LIABILITY TYPES IN CIVIL LAW

Posted in 2020, Issue № 09(99) September 2020, JURISPRUDENCE | 0 comments

The article presents views on the types of contractual liability in modern civil law and their role in understanding private law protection in general. Since the essence of private law protection is that the participants independently choose and apply its means and methods, they need to be able to see and therefore use, all the legal tools intended for this purpose. In such a situation, the matter of the liability types in civil law becomes extremely important. The article identifies the types of civil contractual liability with the methods of ensuring the performance bonds since they are used in practice as the means of contractual tools. Taking into account the performance bonds, the author also considers the elements of civil-legal liability.

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THE EXPERIENCE OF HOUSE ARREST APPLICATION IN ENGLAND AND WALES

Posted in 2020, Issue № 09(99) September 2020, JURISPRUDENCE | 0 comments

The given article is based on the analysis of the publicly available data on the modern precedents in the application of house arrest in England and Wales as well as on the results of previous research conducted by the Research Institute of the Federal Penitentiary Service of Russia. The materials of this article may provide the basis for analytical essays, explanatory memoranda, research articles, research projects, and other reference materials on house arrest.

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JUDICIAL AND OPERATIONAL WIRE-TAPPING IN POLAND AS EXEMPLIFIED BY CURRENT LEGAL REGULATIONS

Posted in 2020, Issue № 09(99) September 2020, JURISPRUDENCE | 0 comments

The research is an attempt to understand the current legal regulations in Poland in the field of using judicial and operational wire-tapping by law enforcement agencies, which must comply with the principles of the constitutional standards on the right to privacy; the provisions of the Constitution of the Polish Republic, as well as in the European Union regulations. The source of the study was published and unpublished data received from governmental services and agencies, which deals with the scope of operational control and telephone conversations records, including operational control, as well as the analysis of the existing legal norms.

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THE FEATUTES OF SUBLEGISLATIVE REGULATION OF THE ILLICIT TRAFFICKING IN FIREARMS IN THE UNITED STATES ON THE FEDERAL LEVEL IN THE XX CENTURY

Posted in 2020, Issue № 08(98) August 2020, JURISPRUDENCE | 0 comments

In this article, the author discusses the problem of sublegislative regulation of the illicit trafficking in firearms in the United States on the Federal level in the XX century. Some problems related to the interrelationship of laws and bylaws in this area are noted. The development stages of the corresponding regulations are shown and justified.

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PROCEDURAL CONSEQUENCES OF PRE-JUDICIAL NOTIFICATIONS IN CASE OF BANKRUPTCY

Posted in 2020, Issue № 08(98) August 2020, JURISPRUDENCE | 0 comments

The article discusses pre-trial notifications of intent to appeal to the court with a statement declaring the debtor bankrupt. By their right nature, such notifications are not a pre-trial (claim) way to resolve the dispute and are aimed at ensuring the stability of civil turnover. The author analyzes the regulatory framework for pre-trial notifications in insolvency (bankruptcy) cases and identifies three periods. The procedural consequences of the absence in the annexes to the application of evidence of publication of the notification are not directly defined in the law. Based on the broad interpretation of the law, the consequences of the lack of evidence of the publication of the notice is to leave the application for declaring the debtor bankrupt without motion. An attempt by the legislator to support certain sectors of the economy in connection with the crisis caused by the spread of the new coronavirus infection COVID-19 resulted in the establishment of special rules on pre-trial notifications in relation to individual persons.

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RUSSIAN CONSTITUTIONAL SYSTEM DEVELOPMENT: THE PAST AND THE PRESENT

Posted in 2020, Issue № 08(98) August 2020, JURISPRUDENCE | 0 comments

The purpose of this article is to make an analytical review on the development process of Russian constitutional system. The target goal is achieved through the accomplishment of the following objectives: studying the history of Russian constitutional system from the 16th century to recent events; considering various standpoints of the pubic opinion on the matter of the amendments of the working Constitution of the Russian Federation. Anyone interested in the problem of the constitutional system development in Russia may use this paper.

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INTERIM RESULTS OF CARRYING OUT THE STATE PROGRAM “FAR-EASTERN HECTARE”

Posted in 2020, Issue № 08(98) August 2020, JURISPRUDENCE | 0 comments

The purpose of this article is to obtain interim results of carrying out the state program “Far-Eastern Hectare”. The target goal is achieved through the accomplishment of the following objectives: studying the premises of implementing the state program “Far-Eastern Hectare”, its legal framework, its course, statistics and challenges with carrying it out. Anyone interested in modern problems of the Russian Far East and the ways of solving them may use this paper.

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STATE PROGRAM “FAR-EASTERN MORTGAGE” AS THE MEANS OF SOLVING SOCIAL AND ECONOMIC PROBLEMS OF RUSSIAN FAR EAST

Posted in 2020, Issue № 08(98) August 2020, JURISPRUDENCE | 0 comments

The purpose of this article is to consider the state program “Far-Eastern Mortgage” as the means of solving Russian Far-Eastern social and economic problems. The target goal is achieved through the accomplishment of the following objectives: studying the premises of implementing the state program “Far-Eastern Mortgage”, its legal framework, its course, statistics, analytical estimations and experts’ predictions. Anyone interested in modern problems of Russian periphery politics and the means of solving them may use this paper.

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DIGITAL ECONOMY AND LAW IN THE RUSSIAN FEDERATION

Posted in 2020, Issue № 08(98) August 2020, JURISPRUDENCE | 0 comments

The paper discusses the approaches to determining the content of the Digital Economy concept, as well as some problems of the legal regulation of the digital economy, including on the basis of an intersectoral approach. The practice of digital economy regulation in foreign legislation is considered in this study as well. The authors identified main trends in the legal regulation of public relations in the context of digitalization and formulated proposals for the development of existing legislation in the field of digital economy regulation.

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THE ADMINISTRATIVE RIGHTS OF THOSE WHO REPRESENT A PLAINTIFF IN A CLASS ACTION

Posted in 2020, Issue № 08(98) August 2020, JURISPRUDENCE | 0 comments

The article deals with the procedure and the limits of the exercise of administrative rights of those who represent a plaintiff in a class action. The authors formulate certain proposals to fill in the gaps in the legal regulation of the administrative rights of such people. The authors conclude that the administrative rights of the plaintiff-representative differ in their number and content from the administrative rights granted to the other members of the group. The similarity of the administrative rights of such people lies in the restrictive nature of the use of these rights.

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THE ISSUES OF LEGAL REGULATION OF CONVICT LABOUR

Posted in 2020, Issue № 08(98) August 2020, JURISPRUDENCE | 0 comments

In this article, the authors outline some general issues related to the legal regulation of paid labor of the prisoners who are in need of a legislative solution. In particular, the lack of legislation that regulates the employment, prisoner’s transfer to another job and dismissal of convicts is directly related to the problem of employment record books. It it also worth mentioning that there’s a lack of provisions that clearly define the prisoners’ labor rights and obligations, their responsibility for violations of labor discipline, as well as the legal restrictions which are imposed on the convicts during their labor activities.

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VICTIMOLOGICAL CHARACTERISTICS OF UNDERAGE VICTIMS OF DOMESTIC VIOLENCE

Posted in 2020, Issue № 08(98) August 2020, JURISPRUDENCE | 0 comments

The article views the victimological characteristics of underage victims of domestic violence. The results of domestic and foreign research and statistical data on the number of crimes committed in the family against minors were analyzed. Based on these data, the authors conclude that this type of crime is widespread and latent in Russian society. The authors attempt to analyze the existing theoretical and criminological constructs in the field of research of victim behavior in general and victim behavior of the minors in particular, which is manifested in domestic violence. It is proposed to view the victimization of the underage victims of domestic violence through the prism of set risk factors.

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ACTUAL PROBLEMS OF COUNTERACTION OF CORRUPTION IN THE PUBLIC SERVICE

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

In this article the question of corruption of public authorities which is very actual now is considered. Corruption now purchased global nature, and has too big development that causes obvious need of effective fight against this problem in our country.

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PROBLEM OF THE ACCOUNTING OF THE HISTORICAL AND OTHER LOCAL TRADITIONS AT REALIZATION OF MUNICIPAL INTERESTS

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

In article questions of realization of municipal interests of the national communities living in the territory of municipality are investigated. Features of influence of historical and other local traditions on implementation of local government and ensuring interests of local community are considered.

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AGE REQUIREMENTS FOR PARTICIPANTS OF GUN TURNOVER (CASE STUDY OF THE US FEDERAL LAW)

Posted in 2020, Issue № 07(97) July 2020, JURISPRUDENCE | 0 comments

In this article, the author considers issues related to age restrictions for participants of the legal turnover of civilian firearms under the federal law of the United States of America. The article lists norms applicable in this field. In addition, it studies the evolution in terms of regulation of this aspect of criminal law.

It is noted this issue is hardly regulated by national norms in the USA, since this problem is traditionally solved at the level of individual states. For this reason, the U.S. Congress adopted a very limited number of rules over the entire history of the firearms turnover regulation. The first of them applies only to professional dealers with appropriate federal license. Moreover, this provision, as can be seen from the law itself, does not apply to other unlicensed participants in the legal turnover of civilian weapons. Another norm adopted at the federal level, however, was more stringent and significantly limited not only the alienation or acquisition of a certain type of firearm by minors, but also its possession. This norm is studied in detail; its features are shown, as well as exceptions to the general prohibition. The question of the appropriateness and validity of the above measures is raised. Its positive points are demonstrated. At the same time, it is noted that, with account taken of other provisions of the federal criminal law, it may be excessive. In addition, the issue of violation on behalf of the federal authorities of the Constitution of the United States of America is considered, since this is not simply the case of exceeding of authority, but also of appropriation of the latter.

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THEORETICAL ASPECTS OF LEGISLATIVE LOOPHOLE CONCEPT

Posted in 2020, Issue № 07(97) July 2020, JURISPRUDENCE | 0 comments

Considering the role of law as a regulator of all public life spheres, the problem of the legislative gap existence is becoming essential. Since the law, like society itself, develops and expands the boundaries and subject of its regulation, the existence of legislative gaps is a natural phenomenon inherent in any legal system since the norms enshrined in positive law cannot fully cover newly manifesting social relations. In this article, the author studied the theoretical foundations of legislative gaps and correlated them with such a phenomenon as a law.

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CORRECTIVE WORK AS KIND OF CRIMINAL PUNISHMENT IN RUSSIA OF PRE-SOVIET PERIOD: HISTORICAL AND LEGAL ASPECT OF LEGAL PRACTICE

Posted in 2020, Issue № 07(97) July 2020, JURISPRUDENCE | 0 comments

The paper considers corrective works as an independent type of criminal Punishment from the standpoint of historical and legal analysis of law enforcement practice.

This type of criminal Punishment is included in the criminal punishment system by the legislation of the Russian Federation as the main one that does not isolate the convicted person from society. The goal of this paper is a historical and legal study of the execution of sentences in the form of corrective work in the implementation of law enforcement activities. The systematic analysis of the practice of applying the Punishment in question during various periods of development of the Russian penitentiary legislation is the objective of the study.

The authors concluded that a punishment similar to correctional work was used in pre-Soviet Russia far less often due to legislative conflicts, difficulties in law enforcement practice, due to problems of monitoring the execution of this Punishment.

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CIVIL SUIT AS A FORM OF EXERCISING THE RIGHT OF CITIZENS FOR COMPENSATION FOR DAMAGE CAUSED BY THE CRIME

Posted in 2020, Issue № 07(97) July 2020, JURISPRUDENCE | 0 comments

This article considers a civil lawsuit in criminal proceedings as a way of exercising the right of citizens for compensation for damage caused by the crime. The author focuses on the compensatory task of restorative justice, considering the compensation for damage caused by the crime as the primary goal of addressing a law enforcement agency. It is concluded that it is necessary to supplement the provisions for the appointment of criminal proceedings aimed at ensuring compensation for those who suffered from the damage caused by the crime.

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