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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

STATE, LAW AND RELIGION IN THE CONTEMPORARY WORLD: RELATIONSHIP AND INTERACTION

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

The problem of forming a new, post-secular society is posed. The history of secular society formation and transition from it to a new stage is investigated. The basic concepts of post-secularism, interpreting the interaction of the state, law and religion in different ways, are revealed. The author’s solution of the problem of formation determinants of the post-secular society and its perspectives is proposed. Practical manifestations of a new social model of the relationship between these institutions are revealed, a conclusion is made about the need to recognize the examined problems and to control their development.

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PECULIARITIES OF ADMINISTRATIVE AND LEGAL RESPONSIBILITY FOR OFFENSE IN AGROINDUSTRIAL COMPLEX IN THE RUSSIAN FEDERATION, BELARUS AND UKRAINE

Posted in 2017, Issue № 10(64) October 2017, JURISPRUDENCE | 0 comments

The paper describes the specific features of administrative and legal liability for offenses in the agroindustrial complex in the Russian Federation, Belarus and Ukraine. The legislative regulation of the onset of this responsibility, general and distinctive characteristics, their shortcomings and advantages are presented as well. The author describes the perspective of the development of the administrative responsibility institution in the field of agricultural management for studied countries, which consists in the need to legislatively fix the administrative liability for offences in the field of agroindustrial complex management at a local level through a mechanism for establishing such a responsibility by decisions of local self-government bodies.

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APPLICATION OF THE PERFIDY BANNING UNDER THE CONDITIONS OF NON-INTERNATIONAL ARMED CONFLICTS

Posted in 2017, Issue № 10(64) October 2017, JURISPRUDENCE | 0 comments

The paper analyzes the existing gaps in international Humanitarian Law (hereinafter – IHL) in the application of the perfidy banning in case of situations of armed conflicts of a non-international character (hereinafter – NIAC). The author examined some armed conflicts of the late twentieth and early twenty-first centuries, as well as individual actions on the parts of the belligerents, which most clearly reflect the application of perfidy banning. It is concluded that in most cases this prohibition does not apply in the framework of non-international armed conflicts, despite the fact that a direct reference to it is available in the Rome Statute of the International Criminal Court (hereinafter – the Statute).

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MAIN STAGES OF REFORMING RUSSIAN MILITARY JUDICIAL SYSTEM FROM THE MIDDLE OF THE XVII TO THE BEGINNING OF THE XXI CENTURY

Posted in 2017, Issue № 9(63) September 2017, JURISPRUDENCE | 0 comments

The emergence, formation and improvement of the military-judicial system as one of the most important components of the military organization of the state from the middle of the XVII century before the beginning of the XXI century was inextricably linked with the development of the productive forces and productive relations, as well as political and legal transformations of the Russian statehood, the integral elements of which are transformations in the field of military construction and military art.

Domestic military-judicial system was a derivative of the legal system of the state and its most important elements (material and procedural legislation, professionalism of the courts, jurisdiction and subordination of the cases in question, procedure for the trial, the status of parties involved in the process, etc.), as well as the degree of execution of legal (judicial) decisions.

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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 2017, Issue № 9(63) September 2017, 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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SOME THEORETICAL AND PRACTICAL PROBLEMS OF RIGHT OF CHOICE APPLICATION TO CONCLUDE A CONTRACT AND AN OPTION AGREEMENT

Posted in 2017, Issue № 8(62) August 2017, JURISPRUDENCE | 0 comments

The article explores the problems that arose after the introduction of new articles concerning the right of choice to conclude a contract and an option agreement in the Civil Code of the Russian Federation and proposes ways to eliminate them. The paper concludes that there are contradictions in the system of sources of civil law of the Russian Federation in the part regulating the relations of the right of choice to conclude a contract and an option agreement, while violating the hierarchical ordering and reducing the negotiability of these financial instruments. In order to bring relevant acts into line with the codified source, the article attempts to state contradictory elements in the new edition. In particular, the main features of relations at the securities market are taken into account. The author tries to enable the use of both articles revising phraseological constructions.

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SPECIAL ASPECTS OF LEGAL REGULATION OF CHARITY IN THE USA

Posted in 2017, Issue № 8(62) August 2017, JURISPRUDENCE | 0 comments

The paper considers various approaches to the concept and content of charity, as a special field of relations in the legal regulation of the United States of America. The analysis of the peculiarities of legal regulation of charitable activities, both at the country (federal) level and at the level of a state is presented. The tax regulation in the field of philanthropy is studied, as the most specific for the United States. The voluntary self-regulation acts and ethical norms in this area are analysed as well.

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PUBLIC AND PRIVATE RIGHT AT THE ANCIENT EAST IN THE II MILLENNIUM BC

Posted in 2017, Issue № 8(62) August 2017, JURISPRUDENCE | 0 comments

The article considers an important problem that arises in interdisciplinary studies associated with the often emerging cognitive dissonance in the study of ancient Eastern documents. Unfortunately, lawyers in the study of the history of law use mostly ancient (ancient Roman or ancient Greek) sources, whereas historians of ancient Eastern law are forced to use unfamiliar legal terminology, often distorting the true meaning of legal concepts and juridical categories created for the analysis of ancient sources. As a result of the detailed study of the Chaldean legal sources, the author comes to the conclusion that the legal concept of “private law documents” is quite applicable in the study of the sources of the ancient Eastern law, while the term “public law norms” demonstrates the practice of lawmaking exclusively in later ancient legal cultures (first of all, in the ancient Roman). For Chaldean type of legal culture, it can be replaced with “rules of law sanctioned by public authority”.

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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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