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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+

THE SOCIAL DANGER OF LEGALIZATION LAUNDERING

Posted in 2013, Issue № 9(16) September 2013, JURISPRUDENCE | 0 comments

In the article the analysis of the laundering of proceeds acquired through criminal. Explores the hazards of money laundering is given classification is considered the scheme of transferring funds abroad in crimes.

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PREVENTION OF CRIME IN THE SPHERE OF PROTECTED AREAS AND NATURAL SITES

Posted in 2021, Issue №9 (111) September 2021, JURISPRUDENCE | 0 comments

The study examines the application and ways of practical implementation of methods and means to prevent crimes in the field of protected areas and natural sites as well as identifying and eliminating existing gaps in the current environmental legislation. The article analyzes the work on environmental education of the population, active interaction and participation of public organizations and state institutions and local self-government bodies in public life for joint work on environmental problems and projects, joint discussion and finding ways to solve issues regulating the protection of protected areas and natural sites. It is also proposed to analyze and actively implement preventive measures in all spheres that regulate protected areas.

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PROFESSIONAL TRAINING AND QUALIFICATION OF EXPERTS

Posted in 2021, Issue №9 (111) September 2021, JURISPRUDENCE | 0 comments

The article examines the qualification requirements imposed in professional standards for certain categories of experts performing medical and social, forensic, and other examinations. The standards are the basis of the professional competencies of graduates of educational organizations, future experts. The requirements for the professional qualification of experts are compared with the provisions of the Model Law on Forensic Expert Activity. The authors conclude on the need for the same approach to experts of state and non-state organizations and equal requirements for their qualifications. The necessity of professional standards for application is justified, regardless of which institutions (state or non-state) experts work in. Also, the study examines the correlation of the concepts of “competence” and “qualification” and offers options for adjusting certain legal norms.

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THE EMERGENCE OF ESCROW AGREEMENT: RISKS AND OBJECTIVES

Posted in 2021, Issue №9 (111) September 2021, JURISPRUDENCE | 0 comments

This article discusses the prerequisites for the creation of an escrow associated with a large number of real property losses on the part of the buyer, the appearance and formation of an escrow account, which played a very important role in shared-equity construction as well as its tasks and risks that exist today. The purpose of this article is directly aimed at analyzing the escrow agreement, the main task of which is to make transactions that have become much safer for the buyer when concluding a contract with a shareholder, which has helped to significantly reduce property losses. When writing the article, the authors use statistical data to achieve more accurate results as well as real cases of long-term construction published in the media, which allows them to fully explore the problem of the absence of an escrow account in a certain period of time. The article also touches upon the risks currently contained in the escrow that some of the shareholders may face since such problems have not yet been eliminated at the legislative level.

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ONLINE ELECTION CAMPAIGNING: PROBLEMS OF LEGAL REGULATION

Posted in 2021, Issue №8 (110) August 2021, JURISPRUDENCE | 0 comments

The issue of legal regulation in online election campaigning is the main focus of both Russian and foreign theorists, practitioners and legislators. The article highlights new additions to the Russian legislation that pertain to regulating the procedure for online campaigning.

The author of the article draws attention to the problems associated with the use of Internet technologies during election campaigns as well as identifies gaps in the legal regulation of this sphere of legal relations based on the analysis of the current legislation.

Also, the article raises the issue of the need to improve the legal regulation of using new technologies in election campaigning.

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INTERACTION OF THE PROSECUTOR WITH RESIDENTS OF ADVANCED SPECIAL ECONOMIC ZONES IN THE ADMINISTRATIVE AND JURISDICTIONAL PROCESS

Posted in 2021, Issue №8 (110) August 2021, JURISPRUDENCE | 0 comments

The article contains information about the special status of residents of advanced special economic zones, typical violations committed by customs authorities when bringing residents to administrative responsibility, as well as about the role of the prosecutor in the field of compliance with the rights of residents of advanced special economic zones in the administrative and jurisdictional process. The author provides examples of positive law enforcement practice in Kamchatka Krai (based on the supervisory activity of the Kamchatka Transport Prosecutor’s Office) in the field of bringing residents of these zones to administrative responsibility, restoring their rights when making illegal decisions in cases of administrative offenses.

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DEVELOPMENT OF FINGERPRINT TECHNOLOGIES

Posted in 2021, Issue №8 (110) August 2021, JURISPRUDENCE | 0 comments

The current developments in science and technology are reflected in the development of fingerprint technologies. Undoubtedly, modern developments are based on the foundations created by the predecessors of modern scientists and researchers. The article examines the development of fingerprint technologies while applying the historical method of research. At the same time, methods of comparison and analysis of approaches of natural science disciplines are used to identify traces of a crime, including scientific and applied approaches for studying certain traces. Applying these methods determines the dependence between modern scientific achievements and modern technologies in fingerprinting, which are based on the use of various methods of fingerprinting as well as molecular gene technologies.

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TODAY’S PROBLEMS OF SUBJECTING BENEFICIARIES OF OFFSHORE COMPANIES TO SUBSIDIARY LIABILITY IN BANKRUPTCY CASES

Posted in 2021, Issue №8 (110) August 2021, JURISPRUDENCE | 0 comments

The author of the article examines the problems of subjecting the beneficial owners of offshore companies to subsidiary liability in bankruptcy cases.

The purpose of the study is to analyze the Russian judicial practice regarding the provisions of bankruptcy legislation of foreign controlling companies. The study examines the problems of subjecting controlling entities to subsidiary liability through the application of the norms of Russian legislation, as well as the problems of identifying the beneficial owner of an offshore company.

Within the framework of the study, the authors also consider the application of Russian legislation for subsidiary liability, as well as the ways to establish the identity of the beneficiary.

The author comes to the conclusion that in cases when a Russian debtor organization is brought to bankruptcy by actions and instructions of its offshore parent company by entities controlling the actions of the debtor, they can be subject to subsidiary liability under Russian law. To solve the problem of disclosing the identity of the beneficiary of an offshore holding company, it is necessary to develop mechanisms for international exchanges of financial information, it is also advisable to consider creating registers of beneficial owners at the international level.

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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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