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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+

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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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

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INTERNATIONAL LEGAL REGULATION AND THE INTERNATIONAL COOPERATION IN FIGHT AGAINST INCOME GAINED BY THE CRIMINAL WAY

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

The article reveals the aspect of the interaction and the genesis of the structure of international cooperation in the field of combating money laundering proceeds towards the development of cooperation between Russia and foreign countries under free trade and movement of capital.

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THE REMEDIAL POLICY IN RUSSIA

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

In given article the essence of a remedial policy and its activity in Russia is considered.

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THE CONSTITUTION OF THE RUSSIAN FEDERATION – PROBLEMS AND PROSPECTS

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

In article the main shortcomings of the existing Constitution of the Russian Federation are considered and the main directions of its further development are designated.

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THE CLASSICAL SCHOOL OF CRIMINAL LAW IN THE EARLY XX CENTURY

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

The article considers the preparation and adoption of the Criminal code, 1903: chronological milestones stages of discussion, available comments and discussion, and the gradual introduction, the assessment of both Russian and foreign figures of science.

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STUDYING PROBLEMS OF BORDER CROSSINGS DEVELOPMENT IN AUTONOMOUS DISTRICT OF INNER MONGOLIA DURING CONSTRUCTION OF THE ECONOMIC CORRIDOR “RUSSIA-MONGOLIA-CHINA”

Posted in 2019, Issue № 5(83) May 2019, JURISPRUDENCE | 0 comments

The Russia-Mongolia-China economic corridor is an important transit route, the purpose of which is to combine the initiatives of the Great Silk Road economic zone of China, the Trans-Eurasian railway of Russia and the Steppe route of Mongolia. Creating an economic corridor is a major component in supporting the “One Belt – One Way” initiative. The autonomous region of Inner Mongolia is the point of this economic corridor, in which three states intersect. However, the development of Inner Mongolia as a checkpoint has not only several obvious advantages but also some disadvantages. Therefore, it is necessary to use the benefits of Inner Mongolia to the maximum and remove all obstacles in order to build a border crossing between the three countries in the future and thereby stimulate trade and openness to the north. Only by improving and developing the border crossing one can contribute to economic development and accelerate the pace of creation of the Russia-Mongolia-China economic corridor.

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ON NEED FOR LEGISLATIVE ENSURING OF HONOR, ADVANTAGE AND BUSINESS REPUTATION OF MEDICAL EMPLOYEES FROM ILLEGAL ATTACKS OF MASS MEDIA

Posted in 2019, Issue № 5(83) May 2019, JURISPRUDENCE | 0 comments

The relevance of the article is stipulated, on the one hand, by a serious public response, which causes any mention of “medical errors” in the media, and on the other hand – by an increase in citizens’ complaints to law enforcement agencies about inadequate medical care, which led to the need to create special units that will deal with “iatrogenic” crimes of medical workers. The number of complaints from patients to law enforcement agencies in connection with the injury to health is constantly growing. The patient has the right to defend own right to health protection, and the interest of the media in “medical affairs” is quite natural and is an expression of the constitutional right to freedom of thought, speech, and freedom of the media. However, as is often the case in published materials of a critical nature, this right, with the incorrect submission of information, conflicts with another equally important right – the right of individuals to protect own name and honor.

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BILATERAL AGREEMENTS OF THE BRICS COUNTRIES IN THE FIELD OF INTELLECTUAL PROPERTY

Posted in 2019, Issue №4(82) April 2019, JURISPRUDENCE | 0 comments

This article presents the study of the prerequisites for the development of relations in the field of intellectual property in the framework of BRICS, on the example of cooperation between Russia and India, by studying bilateral and multilateral agreements in this field, and highlighting the main features of this process, identifying the advantages and disadvantages of such interaction between states as a conclusion of a bilateral agreement, identifying possible points of contact between the BRICS member countries for further cooperation. The relevance of the topic is due to the fact that for quite a long time there is a close relationship in the field of intellectual property between Russia and other BRICS countries, such as India, it requires proper legal consolidation for successful development and implementation.

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