Pages Navigation Menu
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+

ABOUT SOME LEGAL PROBLEMS IN THE SPHERE OF FAILURE (BANKRUPTCY) IN RUSSIAN FEDERATION

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

In the current article, a brief analysis of disadvantages of regulations about failure (bankruptcy) in modern Russian legislation. The author is examining some suggestions to change the normatively legal regulation of a machine of controlling arbitral managers and some other aspects of a process of failure (bankruptcy).

Read More

THE ESTABLISHMENT OF THE PROPERTY OF THE SUSPECT, ACCUSED AND OTHER PERSONS IN ORDER TO PROTECT THE RIGHTS AND LEGITIMATE INTERESTS OF THE CIVIL PLAINTIFF: CURRENT STATE AND PROSPECTS OF DEVELOPMENT

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

The article is devoted to one of the most topical problems of the Russian criminal process – problems of a civil claim in criminal proceedings. The author also makes certain examples of gaps in legal regulation due to which it is not always possible to timely define property out of which the compensation сan be made. Author’s suggestions to change the regulatory acts are particularly worth considering.

Read More

TO THE QUESTION ABOUT DEVELOPMENT OF THE LEGISLATIVE PROCESS OF THE FEDERAL ASSEMBLY OF THE RUSSIAN FEDERATION

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

This article presents some aspects of legislative process in the Parliament of Russia. An attempt was made to form a methodological idea of applying diverse experience in the legislative process. It is argued that it is necessary to actively develop legal expertise of legislative initiatives to introduce the greatest openness with information, as well as reduced use in legislative work nonsystem lawmaking.

Read More

THE CORPORATE CONTRACT UNDER THE CIVIL LEGISLATION OF THE RUSSIAN FEDERATION

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

This article deals with problems that can arise in concluding corporate contracts.

Read More

TECHNICAL PROGRESS: LAW AS A BRAKE OR A VECTOR IN DEVELOPMENT

Posted in 2019, Issue № 10(88) October 2019, JURISPRUDENCE | 0 comments

Law regulates the relationships arising during human evolution. It either prohibits or allows certain processes. Scientists make discoveries, technologists produce new products. With the help of law, humanity seeks to adjust the goals of using new discoveries and consumer properties of goods so that they are safe for human use. The vector of new technologies development depends on the methods of legal regulation, whether the technology will receive its development on the territory of regulation or will remain in its infancy. The article discusses what the legal regulation of unmanned vehicles technologies in the USA and in Russia has led to. Arguments are given why technologies should be allowed to enter the market, even if they have not yet been perfected. Any new technology has risks of failures, errors, and it is not always clear what results it can lead to. However, the improvement of high technology is possible only in cooperation with consumers. Therefore, the role of legal regulation of new high-tech products does not imply the prohibition or strict regulation, but rather providing manufacturers with opportunities to enter the market. The legislator will receive feedback from citizens with the introduction of new technology to the market and will be able to understand how to adjust the standards for the technology’s safe development.

Read More

NEW PENSION REFORM: BURDEN OR PANACEA FOR PARTIES OF EMPLOYMENT RELATIONS

Posted in 2019, Issue № 10(88) October 2019, JURISPRUDENCE | 0 comments

The article discusses the issues of the feasibility of the pension reform, employment relations with the participation of retired workers, in particular, the problems of the vulnerability of this category. Amendments to the legislation and the need to take other measures to protect employees of pre-retiring and retiring age are analyzed.

Read More

ROLE OF APPLICATION OF METHODS FOR PROCESSING IMAGES IN THE PRODUCTION OF JUDICIAL DACTYLOSCOPIC EXAMINATION

Posted in 2019, Issue № 10(88) October 2019, JURISPRUDENCE | 0 comments

Methods used in fingerprint examination are constantly being improved due to scientific and technological development and the emergence of new technologies. Competent use of new methods and correctly selected research methodology can increase the efficiency and quality of fingerprint examination. This article outlines the relevance of applying modern scientific and technical methods in forensic examination. Some modern methods of fingerprint image processing are considered and the significance of their application in the production of forensic fingerprint examination is substantiated.

Read More

QUESTIONS OF RESPONSIBILITY WHILE FORMING THE PRIVATE LAW BEGINNINGS IN LABOR LEGAL RELATIONSHIP

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

The article is devoted to the study of historical and legal background and practical problems of labour deals, opportunities for legal regulation of this institution in modern labour law, and, as a consequence, the formation of the liability of the members of labor relations for committing illegal transactions and their consequences.

The article describes the first form of personal dependence of poor people on the basis of the military custom of Russia – the order. Operation of such people was ensured constant threat of the use of physical or military force. The decrees people were the object of arbitrariness and the will of the master, – the employer who had a dictatorial right to dispose not only of the labour force, but also the person, and also had the right to choose the punishment in its sole discretion.

Based on historical and legal analysis the author comes to the conclusion that the basis of wage labour in Russia was unilateral transactions in connection than you should consider fixing this legal category in modern legislation.

Read More

PURPOSES AND PRINCIPLES OF THE UNITED NATIONS AND THEIR IMPLICATIONS FOR REGIONALIZATION PROCESS IN THE CONTEXT OF RETROSPECTIVE LEGAL ANALYSIS ACTIVITIES SEATO

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

Securing of regional collective security means the necessary to form and function of definite system, which is not just organized legal mechanism, but it is an insignificant way of maintaining International peace and security. Relatively minimal, but fundamental to the value of the volume requirements relevant regional organizations and is enshrined in the UN Charter , in particular, under Articles 1 and 2 of the constitutive act of the world organization . In the context of these items are of interest to analyze the compatibility of regional agreements or organizations with the purposes and principles of the UN in the context of studying the experience of acting in the second half of the XX century in the Asia- Pacific region such well-known institutions such as SEATO. Formulated on the basis of the findings can be used as a scientific interpretation and as a legal argument in law enforcement currently institutionalized new regional structures.

Read More

INSTITUTE OF MENS REA AS ONE OF INTEGRAL COMPONENTS OF MODERN CIVIL LAW OF THE RUSSIAN FEDERATION

Posted in 2019, Issue № 9(87) September 2019, JURISPRUDENCE | 0 comments

The author initially examines the essence of mens rea, which is relevant nowadays. The study of the essence of mens rea occurs through various forms of guilt in the civil law of the Russian Federation. The article also examines types of guilt under the Civil Code of the Russian Federation. Some controversial issues of the institute of mens rea are also analysed. The author, clearly pointing out the disputes regarding certain issues both in theory and practice, points to the need to resolve them in the near future, since the rights of citizens, society and state can be violated due to these inconsistencies.

Read More

UNDERSTANDING THE REVIVAL OF NATURAL LAW AT THE TURN OF XIX-XX CENTURIES IN RUSSIA

Posted in 2019, Issue № 9(87) September 2019, JURISPRUDENCE | 0 comments

The main goal of the article is to consider the understanding of the revival of natural law by Russian philosophers of law at the turn of the XIX-XX centuries, primarily the ideas of Russian neo-Kantians – P.I. Novgorodtsev and several others. Rationalistic and idealistic methods in the history of the study of natural law are analysed. As a result, metaphysical synthesis of the things existent and things that should exist in law was established by the Neo-Kantians, which manifests itself in the harmony of science and ethics. The conclusion is made that natural law is perceived as a system of moral assessments of ideal law, which serves as a criterion independent of real circumstances.

Read More

TERRORIST OFFENSES UNDER THE SWISS PENAL CODE AND THE AUSTRIAN PENAL CODE: PROBLEM STATEMENT

Posted in 2019, Issue № 8(86) August 2019, JURISPRUDENCE | 0 comments

Preventing crimes of a terrorist nature and countering them effectively is an important task of any modern state and the world community on the whole for the strengthening of law and order. Improving the efficiency of terrorist crimes prevention is essential to fight crime. In a number of foreign countries, as well as in the Russian Federation, there are chapters in the criminal legislation that contain norms covering the responsibility for terrorist acts and crimes of a terrorist nature. The authors consider the norms on criminal responsibility for terrorism and crimes of a terrorist nature on the example of the criminal legislation of Switzerland and Austria, and draw attention to a number of specific features of the national legislation of these countries. We believe that these norms should be unified in accordance with international norms.

Read More

REASONS AND CONDITIONS OF CRIME ON THE EXAMPLE OF THE BORDER AREA OF KRASNODAR KRAI

Posted in 2019, Issue № 8(86) August 2019, JURISPRUDENCE | 0 comments

In this article, an attempt was made to consider the causes of the occurrence and prevention of crime in one of the border areas of the Krasnodar and Stavropol Territories, where public order is protected by the employees of the Ministry of Internal Affairs of the Russian Federation, Uspensky District Department. Directed measures and coordinated collaborative work in matters of more obvious strengthening of the rule of law allowed maintaining a rather positive dynamic concerning the criminal situation in the service area in 2018.

Read More

FORMATION OF MEDICAL EDUCATION SYSTEM IN RUSSIA: XVII – EARLY XX CENTURY

Posted in 2019, Issue № 6(84) June 2019, JURISPRUDENCE | 0 comments

The article discusses the formation of the system of medical personnel training in Russia in XVII – early XX centuries. Throughout its history, the Russian state has paid great attention to training doctors. The formation of the state system of medical personnel training in Russia has a long history and begins during the reign of Ivan IV, when foreign doctors became the first teachers for the Russian physicians. The formation of higher medical education begins in 1758 with the establishment of the Faculty of Medicine at the Moscow University. Medical education enters a new phase in the post-reform period which is connected with the formation of the zemstvo (provincial administrative district in pre-revolutionary Russia) health system contributing to an increase in the number of medical personnel in the Russian Empire as well as in the number of universities.

Read More

ARTELS IN INFORMATION TECHNOLOGY

Posted in 2019, Issue № 6(84) June 2019, JURISPRUDENCE | 0 comments

The development of information technology is closely linked to the growing threat that behemoths will be able to block access to the market for all other companies in pursuit of increased profits and thereby stop the progress and further development of world economies, which is especially dangerous for developing countries. Currently, an increasing number of scientists are beginning to pay close attention to this, which is, in most cases, a new area for them, and it confirms the relevance of this study.

Read More

FACTORS, DETERMINING CRIMINAL ACT: UNCONSCIOUS MOTIVES OF THE CRIMINAL ACT

Posted in 2019, Issue № 6(84) June 2019, JURISPRUDENCE | 0 comments

The article discusses approaches to select the leading factor in a criminal act. Based on theoretical analysis, the unconscious factors of criminal behavior are determined, among which are attitudes, motives, limits of admissibility, etc., as well as family factors. The place of unconscious factors in the structural-dynamic concept of deviant behavior is considered. The significance of taking into account the unconscious factors of a criminal act is indicated when organizing events for the social and psychological rehabilitation of repeat offenders.

Read More

COMPARATIVE LEGAL ANALYSIS OF THE INSTITUTE OF CHANGING THE TYPE OF PENITENTIARY FACILITY UNDER CORRECTIONAL LAW OF THE KYRGYZ REPUBLIC AND THE RUSSIAN FEDERATION

Posted in 2019, Issue № 6(84) June 2019, JURISPRUDENCE | 0 comments

The article is devoted to the topic of correlation between legal regulation, changing the type of penitentiary facility under the correctional law of the Kyrgyz Republic and the Russian Federation. General trends in the development of the penitentiary policy in terms of changing the type of correctional institution are revealed on the basis of in-depth analysis. Tendencies are identified which enable the elimination of the shortcomings of legal regulation in the part of the progressively regressive system of serving a criminal sentence on the example of two countries.

Read More

ON HEARING CASES RELATED TO THE USE OF PERFORMANCE-ENANCING DRUGS BY ATHLETES IN THE EUROPEAN COURT OF HUMAN RIGHTS

Posted in 2019, Issue № 6(84) June 2019, JURISPRUDENCE | 0 comments

Addressing the issues related to the use of performance-enhancing drugs by athletes is indispensable for modern sport. This article discusses the basis for accepting cases of athletes associated with the use of performance-enhancing drugs in the European Court of Human Rights. Examples of some appeals are given and conclusions are made concerning the impact of the decisions of the European Court of Human Rights on the development of sports and sports organizations.

Read More

ECONOMETRIC MODELING OF THE IMPACT OF SOCIAL AND ECONOMIC FACTORS ON CRIMINOGENIC SITUATION IN SAKHA (YAKUTIA)

Posted in 2019, Issue № 6(84) June 2019, JURISPRUDENCE | 0 comments

Identifying the factors that influence the number of crimes is necessary for a more detailed diagnosis of the nature of crimes, as well as for taking action to prevent them. This paper presents a study of the influence of social and economic indicators on the crime rate in the Republic of Sakha (Yakutia). The information database consists of official data publicly available on the Rosstat website and annual reports of the Ministry of Internal Affairs for the Republic of Sakha (Yakutia). The final result of the work is a regression model describing the change in the level of crime depending on various factors.

Read More

QUALITY OF REALIZATION OF COORDINATION TECHNOLOGY: PROBLEMS OF DEFINITION OF CONCEPT

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

In work it is told about new methodological approaches to research of properties and characteristics, quality and efficiency of the legal phenomena. Application of new approaches is shown on the example of coordination legal technology

Read More