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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+

HISTORY OF DEVELOPMENT AND ADMINISTRATION OF PROHIBITION TO HOLD CERTAIN POSITIONS OR TO PERFORM CERTAIN ACTIVITIES IN PRE-REVOLUTIONARY RUSSIA

Posted in 2020, JURISPRUDENCE | 0 comments

The article reveals the history of the administration of the following penalty: prohibition to hold certain positions and be engaged in certain activities. The author analyzes the regulatory legal acts of the criminal legislation of pre-revolutionary Russia, identifies the main differences in the application of the penalty of prohibition to hold certain positions and be engaged in certain activities. The division of the general concept of “loss of rights” is considered against the background of the development of criminal law, which implied the “legal death” of a person into its parts, namely parental rights, estate rights, and the right to be engaged in a specific type of trade.

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PRACTICE IN APPLICATION OF ESTOPEPEL IN CASES OF RECOGNITION OF VALID TRANSACTION

Posted in 2020, Issue №2(92) February 2020, JURISPRUDENCE | 0 comments

The article considers and summarizes the definitions of the “estoppel” term proposed by domestic civilists, this concept is defined. The author considers the features of applying the estoppel principle when considering cases related to contesting invalid transactions and applying the consequences of such invalidity; the distinction between the scope of application of clauses 2 and 5 of Article 166 of the Civil Code of the Russian Federation is determined. The conclusion on the principle of action of estoppel in protecting the rights of participants in civil turnover is drawn.

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THEORETICAL ASPECTS OF STATE GOVERNANCE OF INNOVATIONS

Posted in 2020, Issue №2(92) February 2020, JURISPRUDENCE | 0 comments

This article discusses key theoretical aspects of state regulation of innovation. The main objectives and goals of the state in innovative activities are identified and analysed. A variety of ways and methods of state regulation of innovation is presented. Having analyzed the key tools that stimulate innovative activity, we conclude that the role of the state in this process is significant. It is necessary to pay more attention to state support of innovation and develop the existing ones while looking for new tools and methods of state support.

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PROBLEMS AND LIMITATIONS ON APPLYING THE LAW TO PLEDGE AGREEMENTS (PLEDGED PROPERTY)

Posted in 2020, Issue №2(92) February 2020, JURISPRUDENCE | 0 comments

This paper analyzes the problems and limitations on the application of the law to a pledge agreement (pledged property). The concept, subject, and sources of legal regulation of the pledge agreement are characterized in this work. The problems concerning the preservation of collateral when changing property transferred as collateral are investigated. Collisions of norms of the Civil Code of the Russian Federation and special rules applicable in the law enforcement practice of pledging rights under a bank account agreement are also noted.

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CORRUPTION AS INTEGRATED PART OF CRIME AND ITS CRIMINOLOGICAL CHARACTERISTICS

Posted in 2020, Issue №2(92) February 2020, JURISPRUDENCE | 0 comments

The authors try to investigate the causes of the emergence and prevention of corruption situations in Russia in this article. The measures taken and the coordinated joint work of law enforcement agencies and the theory of criminal law on issues of more substantial legislative strengthening of the rule of law allows us to support a very positive development of the criminal situation in this area in 2020, which, according to us will reduce the level of corruption.

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LEGAL ENTITY THEORIES

Posted in 2020, Issue №2(92) February 2020, JURISPRUDENCE | 0 comments

The paper considers the main approaches to determining the essence of a legal entity; it is emphasized that they originate in ancient Roman law. The authors rely on the conditional division of all available doctrines into fictitious, considering the legal entity as a theoretical construct and realistic – defining the legal entity as a single coherent whole. They raise questions about whether a corporation is responsible for the misconduct of its representatives or members; whether it is allowed to depart from the principle of limited liability. They conclude that the problematic aspects of the search for the essence of a legal entity are associated with determining the scope and limits of application of a particular theory.

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VALUE ARBITRATION PRACTICE IN MAINTAINING THE BALANCE OF PRIVATE AND PUBLIC INTERESTS TO REALIZE SOCIALLY SIGNIFICANT SITES DURING THE INSOLVENCY PROCEEDINGS OF THE DEBTOR COMPANY

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

Currently, the legal literature most researchers share the view, according to which competition law – a complex legal institution, ie Institute of combining several branches of law rules. In particular, the rules of civil, criminal, administrative, tax, labor law. BS Brusco, in particular, indicates that “bankruptcy law is a symbiosis of different branches of public and private law, formed and developed at the junction of these industries.”

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FRAUDS IN THE AREA OF TAXATION IN RUSSIA

Posted in 2020, Issue № 01(91) January 2020, JURISPRUDENCE | 0 comments

The current stage of development of the Russian economy depends on the quality of the taxation system, since revenues to the country’s budget in the form of tax revenues have the largest share in the structure of budget revenues. Therefore, the field of taxation is a titbit for scammers.

Despite the fact that tax legislation and tax control are constantly being improved in the Russian Federation, the level of various types of violations of the legislation on taxes and fees, affecting the financial and economic situation in the country, remains high.

The goal of this paper is to identify the main types of tax fraud in Russia and analyze the effectiveness of tax and law enforcement agencies in combating it.

In the paper, the author analyzes the activities of tax fraudsters and identifies the reasons that influence the development of “tax fraud” in the country.

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TOWARDS LEGAL CAPACITY OF JUDICIAL PERSON

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

The article deals with the requirements of dividing legal capacity of juridical person on the general and specific ones, gives the concept of the juridical person as an independent entity involved in civil circulation.

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THE DIRECTIONS OF ENHANCEMENT OF THE ORGANIZATION OF CUSTOMS CONTROL WITHIN EVENT ACTIONS OF THE INTERNATIONAL LEVEL

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

During preparation and holding the Olympic Games the flow of imported goods, so and amount of work of customs on control of moved products increases. Determination of the most optimum mode of the organization of activities of state bodies on the basis of foreign experience of carrying out event actions of the international level in relation to special conditions of Russia, is actual.

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ON DECRIMINALIZATION OF NEGLIGENT CRIMES RELATED TO IMPROPER MEDICAL CARE

Posted in 2019, Issue № 12(90) December 2019, JURISPRUDENCE | 0 comments

A sharp increase in the number of patients’ appeals to law enforcement agencies in connection with the provision of improper medical care or some violations committed leads to the need for statistics and the development of criminal cases against medical personnel. The complexity of jurisprudence in this aspect lies in the clear formulation of the concept of medical error, iatrogenesis, and clinical negligence. These aspects determine the need to create a doctor’s protection system for transferring negligent crimes from the jurisdiction of criminal law into administrative law with the possibility of full protection from punishment.

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MEANING OF LEGAL POSITIONS OF CONSTITUTIONAL COURT OF RUSSIAN FEDERATION FOR APPROVING JUSTICE IN CRIMINAL PROCEDURAL LAW AND LAW PRACTICE

Posted in 2019, Issue № 12(90) December 2019, JURISPRUDENCE | 0 comments

The leading role of the Constitutional Court of the Russian Federation in bringing the criminal procedural legislation of Russia in accordance with the Constitution of the Russian Federation and international legal acts on human rights is not disputed by anyone. However, during its formation, constitutional judicial control turned out to be associated with a number of problems reflecting some of its manifestations in the sphere of legal reality. Therefore, it seems relevant to consider the significance of the decisions of the Constitutional Court of the Russian Federation in criminal proceedings.

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PROBLEMS OF PROTECTION OF PERSONAL RIGHTS IN SECURITIES MARKET

Posted in 2019, Issue № 12(90) December 2019, JURISPRUDENCE | 0 comments

The paper explores the problems of protecting the rights of investors at a security market. The author analyzes judicial acts in cases involving the recovery of shares from another’s illegal possession, as well as a dispute with the IFTS regarding the application of foreign status to a shareholder. It was revealed that in practice, investors often resort to dishonest actions of fraudulent nature or abusing the rights of other people. The author proposes to establish methods for electronic blockchain registration of legal facts and transactions with uncertified securities at the legislative level in the stock market.

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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).

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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.

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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.

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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.

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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.

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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.

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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.

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