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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+

ON THE ISSUE OF CONSUMER RIGHTS PROTECTION IN VIETNAM BEFORE 1986

Posted in 2021, Issue №7 (109) July 2021, JURISPRUDENCE | 0 comments

The article conducts a historical analysis of the genesis of the Institute of consumer protection in Vietnam, which arose from the feudal era until the introduction of the “Đổi Mới” (Innovation) policy in 1986. The article explains the subjective and objective reasons why the legislation on consumer rights protection was not officially regulated at that time despite the presence of elements of the legal institution of consumer protection. The study of the historical aspect of consumer protection during this long period of time lays the foundation for the creation of legislation on consumer protection in the subsequent period.

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LEGAL ASPECTS OF PROVIDING PROPERTY SUPPORT TO SMALL AND MEDIUM-SIZED BUSINESSES BY STATE BODIES OF THE SUBJECTS OF THE RUSSIAN FEDERATION AND LOCAL SELF-GOVERNMENT BODIES IN SAMARA OBLAST

Posted in 2021, Issue №7 (109) July 2021, JURISPRUDENCE | 0 comments

The article examines the legal aspects of providing property support to small and medium-sized businesses by state bodies of the subjects of the Russian Federation and local self-government bodies in Samara Oblast. The study conducts an analysis of the innovations in the field of property support and various nuances of obtaining it, it also determines the values of current indicators that determine the quality of property support. The author of the study assesses the key problems in the area under study as well as some adjacent problems – providing financial support to small and medium-sized businesses. The trajectory and possible options that contribute to the improvement of the situation in this field are also proposed.

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ON THE POSSIBILITY OF LEGAL REGULATION OF RESIDENTIAL PREMISES RENTED TO TOURISTS

Posted in 2021, Issue №7 (109) July 2021, JURISPRUDENCE | 0 comments

The article analyzes the possibility of regulating residential premises that are provided for renting to tourists. Such a living space must have features and properties that have their own specific purpose , which is the suitability of such a room. An apartment building is officially recognized as a residential building from the date of the decision of the commission. In addition, with the new changes, the rooms became independent objects of housing rights and it became possible to regard such rooms as residential premises. Today, the number of registrations of rights to rooms in apartments or in residential buildings is increasing. Based on this fact, legislators note the right of residents to engage in entrepreneurial or professional activities when using their residential premises legally. Therefore there is a question of using such premises as a hostel, mini-hostel, apartments, etc. However, there is a problem of legal regulation of the activities of such residential premises.

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TODAY’S PROBLEMS OF THE REAL ESTATE PURCHASE AND SALE AGREEMENT

Posted in 2021, Issue №7 (109) July 2021, JURISPRUDENCE | 0 comments

The purchase and sale agreement is unique in its kind and requires a detailed study of all the nuances before initiating it. In recent years, the real estate purchase and sale agreement have become increasingly relevant in the Russian sales market, which is why every citizen entering into a contractual relationship should understand all the specifics of this agreement. The article discusses current problems that directly relate to the future real estate purchase and sale agreement as well as the features related to this agreement. In the process of studying the agreement under study, the author identifies and examines the advantages and disadvantages of this agreement. The aspects that are useful for studying not only for lawyers engaged in civil law but also for an ordinary citizen who wants to buy or sell their real estate are presented, investigated and explained in an accessible way. The current interpretation of judicial practice on some issues related to the contract of sale of real estate is also considered.

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ISSUES OF THE REALIZATION OF THE CITIZENS’ RIGHT TO HOUSING

Posted in 2021, Issue №7 (109) July 2021, JURISPRUDENCE | 0 comments

Human and civil rights and freedoms are the highest value of human society. Any rule-of-law state is obliged to ensure the protection of the legal status of an individual. However, the human rights function of such state is often not fulfilled due to many reasons, among which is the low level of legal culture within society, stagnation in the development of the country’s economy, the ineffectiveness of certain ways of protecting human and civil rights and freedoms. The right to housing is one of the basic constitutional rights of citizens, while the realization of the right to housing is the most common and modern issues in jurisprudence. The author defends the idea that the reasons for this are the fact that certain housing rules are set out incorrectly and cause ambiguities in their interpretation and application.

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PROTECTION OF THE RIGHTS OF DEFRAUDED HOMEBUYERS

Posted in 2021, Issue №7 (109) July 2021, JURISPRUDENCE | 0 comments

The article discusses the current problems of shared-equity construction as well as the law enforcement activity. The article analyzes the relationship between the measures of protection of homebuyers and the responsibilities of developers along with examining the expediency of creating funds to support defrauded homebuyers for the free provision of residential premises. Based on the relevance of the indicated topic and the available theoretical and practical knowledge as well as on developments in the history of the formation, development, and application of the contract of participation in shared-equity construction as a civil contract, federal and regional regulatory legal acts regulating the issues of the issue under study, the study sets the following research goal: to conduct a comprehensive general theoretical and practical study of the contract of participation in shared-equity construction as an institution of civil law, to reveal its essence, content, and significance in today’s context and to identify the problems that are characteristic of this contract and are in need of improvement.

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LEGAL REGULATION OF THE USING ELECTRONIC AND TECHNICAL MEANS FOR ORGANIZING AND HOLDING A CORPORATE GENERAL MEETING

Posted in 2021, Issue №7 (109) July 2021, JURISPRUDENCE | 0 comments

The article examines the possibility and procedure for holding a general meeting of corporate participants using technical means. Holding a meeting in person, as required by law, on issues that are within the exclusive competence of the general meeting of the corporation is quite problematic. On the one hand, such issues should be considered only in the face-to-face form of the general meeting, on the other hand, there are difficulties that have arisen in connection with the pandemic. A temporary solution to this issue is contained in the Federal Law No. 17-FZ of 24.02.2021, until December 31, 2021, where the ban on holding a general meeting of the corporation’s participants (LLC and JSC (“OOO” and “AO”) in absentia on important issues of the company’s activities that fall within the exclusive competence of the meeting of participants will be suspended.

When considering the possibility of conducting corporate procedures via technical means, the authors took into account the foreign experience of holding meetings. The paper analyzes the articles of special legislation and makes a number of conclusions.

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ASPECTS OF THE APPLICATION OF ANTI-CORRUPTION LEGISLATION IN KAZAKHSTAN UNIVERSITIES

Posted in 2021, Issue №7 (109) July 2021, JURISPRUDENCE | 0 comments

The current article examines the specifics of the application of Kazakhstan’s anti-corruption legislation in relation to the subjects of the quasi-public sector, which includes Kazakh universities. This activity involves bringing teachers and university staff to legal responsibility for violating anti-corruption legislation, creating a system of prevention and combating corruption in universities based on the principles of integrity, transparency, and openness of activities with a positive impact on the fight against corruption of such international organizations as Transparency International and the Organization for Economic Cooperation and Development, which investigated the issues of identifying corruption risks and informal relations in the higher education system of the Republic of Kazakhstan in order to bring it into compliance with the requirements of international standards.

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ON THE ISSUE OF LEGAL REGULATION OF THE BANKING SYSTEM

Posted in 2021, Issue №6 (108) June 2021, JURISPRUDENCE | 0 comments

The current article analyzes the issues of state regulation in the banking sector and the role of the Central Bank of the Russian Federation in this activity. Issues in the legal regulation of banking organizations have a negative impact on the quality of financial services for both individuals and legal entities. This also has a negative impact on the entire business sector and, as a result, on the economic situation in the state, which in turn affects the social sector. The study includes a systematic review of the regulatory acts regulating the activities of the Central Bank of the Russian Federation and other entities of the national payment system with the aim of comparing them and eliminating gaps and contradictions. The study also identifies the circumstances leading to a conflict of interests of the Central Bank of the Russian Federation and the imposition of non-standard functions on credit institutions.

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INTERNATIONAL LEGAL ASPECTS OF THE COORDINATION OF THE INTERESTS OF STATES IN INTERNATIONAL COMMERCIAL ARBITRATION

Posted in 2021, Issue №6 (108) June 2021, JURISPRUDENCE | 0 comments

International legal regulation of the interaction between States is important for the stabilization and fair development of the domestic and foreign policy of each individual state. The harmonization, coordination, and harmonization of the interests of states is a priority in international law. The purpose of the study is a multilateral analysis of legal issues of coordination of the interests of states. The article discusses the procedures for developing legislative rules that reflect the interests of States in international law; analyzes the stages (levels) of coordination in determining the interests of states, where the first level is reaching agreement on the content of an international rule; the second level is the state’s recognition of such a rule as mandatory. By agreeing to the rule, the state assumes an obligation to comply with it, which also presents scientific interest. The results of the conducted research can be applied both in scientific and educational activities in the training of international specialists and in practical activities in the organization of the process of international legal communication.

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DEVELOPMENT OF LABOR LEGISLATION AS A FACTOR IN CIVIL PROTECTION OF LABOR RIGHTS OF REMOTE WORKERS

Posted in 2021, Issue №6 (108) June 2021, JURISPRUDENCE | 0 comments

This article examines the legal regulation of labor relations between employers and employees who perform their labor function remotely as well as identifies the problems of labor legislation that make it difficult to observe the legitimate interests of all participants in labor relations. Distance work arrangements are expanding rapidly, but given the obvious risks regarding the working conditions, there is an urgent need for regulation through legislation and social dialogue so that these work arrangements could improve access to decent work rather than worsen it. As a way of civil protection of the labor rights of remote workers, the study proposes the directions of development of the labor legislation.

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LEGAL СONSEQUENCES OF VIOLATING THE AGREEMENT OF THE PROVISION OF EDUCATIONAL SERVICES

Posted in 2021, Issue №6 (108) June 2021, JURISPRUDENCE | 0 comments

The article examines the civil and disciplinary liability of the parties to the agreement on the provision of educational services while also assessing the standard legal consequences of the violation of the agreement provided for by the agreements and current regulations. The institute for the provision of services in Russian civil law is one of the most dynamically developing areas. The relationship between an educational institution (organization) and a citizen in need of educational services is covered in the form of a contract for the provision of paid educational services. The author of the article comes to the conclusion that the agreement on the provision of educational services combines public and private legal principles, while the student in such legal relations is the weak link.

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CIVIL LIABILITY FOR DAMAGE CAUSED BY ROBOTIC MEDICAL DEVICES

Posted in 2021, Issue №6 (108) June 2021, JURISPRUDENCE | 0 comments

Currently, there are many problems in proving the damage caused by technical devices. The patient can restore their infringed rights only because of the unsuccessful actions of doctors, and also receive payments. The article deals with the introduction of robotic devices in medicine, touches on the gaps in legislation in the field of regulating liability for harm caused by these devices, provides various points of view for determining the level of harm to human health by robotic medical devices and the subject of civil liability. The authors also conclude that robotic devices have not yet been fully implemented into Russian medicine; however, the provision of medical care using high-tech devices is our future, therefore soon it will be necessary to create new legal regulations regarding this issue.

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THE RIGHT OF SELF-DEFENSE: ISSUES OF LEGAL INTERPRETATION AND THEORETICAL INCOMPATIBILITY

Posted in 2021, Issue №6 (108) June 2021, JURISPRUDENCE | 0 comments

In this study, the authors attempt to examine the controversial issues that are constantly encountered in the qualification of the right of self-defense in criminal law. It is in the opinion of these authors’ that this controversy is not accidental, since the institution of circumstances that exclude the criminality of an act is often found in its distorted form in the investigative judicial practice. Therefore this article assumes this is due to the lack of inherent and legal concepts of the law of application in the legislative framework, which would allow for a clear perception of article 37 of the Criminal Code. Without a doubt, the institution of circumstances that exclude the criminality of an act has always been the focus of attention of theorists and practitioners and has also been constantly criticized by the state in view of the incorrect interpretation of the norms by the investigative and judicial authorities. Statistics inexorably indicate that it is necessary for the legislator to consider serious changes in the area of the existing article on the right of self-defense. Having studied this institution of circumstances excluding the criminality of the act, the authors saw gaps and, in this regard, propose changes that, in their opinion, will give law enforcement agencies the opportunity to correctly apply and interpret them.

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RIGHTS AND FREEDOMS OF CITIZENS WITHIN THE CONCEPT FRAMEWORK OF STATE CYCLES

Posted in 2021, Issue №6 (108) June 2021, JURISPRUDENCE | 0 comments

The current study examines the issue of correct understanding of the rights and freedoms of a citizen. The author presents a concept that accounts for the relationship and interdependence between the citizen and the state from the point of view of state cycles. The study analyzes the historical stages of changing the design of the personality category as well as examines the theory of state cycles, which demonstrates cyclicity not only in the context of a general view of the state as an integral structure but also in its individual elements. The study also formulates general tendencies of a different understanding of the categories of human rights and freedoms and the rights and freedoms of citizens. The conditions, factors, and consequences of the transformation of human rights and freedoms and the rights and freedoms of citizens are also considered.

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ON THE ISSUES OF INHERITANCE OF PROPERTY LOCATED OUTSIDE THE RUSSIAN FEDERATION

Posted in 2021, Issue №6 (108) June 2021, JURISPRUDENCE | 0 comments

The article discusses the problems of inheritance of property located outside the Russian Federation. Today, this topic presents a particular relevance since in the modern world inheritance is increasingly not limited to the territory of only one country. The international mobility of citizens and their property, which has increased with the development of transport and the strengthening of economic exchanges, increases, this inevitably leads to an increase in the number of international inheritance cases simultaneously related to several legal systems. This creates conflicts, a clash of substantive legal systems that often profess completely different approaches to inheritance.

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ON THE ISSUES OF PREVENTION OF TERRORIST AND EXTREMIST CRIMES AMONG MINORS AND YOUTH

Posted in 2021, Issue №6 (108) June 2021, JURISPRUDENCE | 0 comments

The current article analyzes the dynamics of crimes committed with the use of firearms, explosives, and explosive devices, including those of a terrorist and extremist nature. Attention is drawn to the specific measures taken by law enforcement agencies in the fight against terrorism and extremism. The study examines possible ways of preventing crimes of extremist and terrorist orientation committed by minors and youth. It is noted that special warning measures are not enough to significantly minimize these destructive phenomena. The author also points out the necessity of forming a developed moral and legal consciousness as the basis of a comprehensive system of measures to prevent these crimes.

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ENSURING THE RIGHTS OF THE VICTIM IN A CASE IN THE COURT OF FIRST INSTANCE

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

The article consideres participation of victims in the proceedings, the realization of his constitutional guarantees of judicial protection of their rights and freedoms and access to justice, the rights to participate in the criminal prosecution and to support the prosecution.

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THE HISTORY OF THE DEVELOPMENT OF LEGISLATIVE REGULATION ON THE INTEGRATION OF PERSONS WITH DISABILITIES IN LABOR RELATIONS

Posted in 2021, Issue №5 (107) May 2021, JURISPRUDENCE | 0 comments

The article discusses the legislative regulation of the integration of disabled people based on the labor relations in Russia. The right of persons with disabilities to work, as well as the implementation of this right, is a significant aspect of the policy of any State. Like any other political activity, it has its own history, which is inextricably linked with certain stages of the development of society in terms of not only political and social but also economic structure. The main sources of livelihood in society are labor and social security. Despite the fact that the onset of disability does not always entail a complete loss of ability to work, it almost always decreases, reducing the competitiveness of a person in the labor market, while they might have additional needs associated with disability. It should be noted that one of the specific characteristics of the social protection of persons with disabilities is the mutual influence of measures of their employment and social security, and this fact can be traced throughout several centuries, from the communal period to the present. The process of legislative regulation of the integration of disabled people dates back to the rule of Vladimir I in 966.

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POWER AND CIVIL RESPONSIBILITY IN THE INFORMATION SOCIETY: ETHICAL AND LEGAL ASPECTS

Posted in 2021, Issue №5 (107) May 2021, JURISPRUDENCE | 0 comments

The current article focuses on the problem of awareness of duty and responsibility by the citizens of modern Russia. It is clear that their awareness is insufficient for the stable existence of a democratic society. This insufficiency is particularly evident in the analysis of the relationship between the population and the authorities from the point of view of their cooperation in the field of detection and prevention of offenses. One of the significant obstacles facing this cooperation is the long-standing sentiment that representatives of the government exist in a kind of isolation from civil society. The lack of awareness in Russian citizens that they themselves are the main source of power also detrimental to the process of forming a sense of duty and responsibility.

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