TOPICAL PROBLEMS OF HISTORY OF STATE AND LAW
Reference:
Suleymanov Bigruzi Bukharinovich (2013). Court within the system of state power (methodological aspects). Actual problems of Russian law, 3, 239–244. https://en.nbpublish.com/library_read_article.php?id=62456
Abstract:
Judicial power Is not only one of the branches of the state power, or part of the state mechanism, it is
also a reliable guarantee of the human rights and freedoms. An independent court is a part of the legal state
and civil society. However, the attitude towards judicial power was not always positive. Even the forefathers
of the concept of separation of powers (John Locke, Charles Montesquieu) underestimated the role and value
of the court. The analysis shows that the powers of an independent court were recognized by the Fathers of
the American Constitution. For them an efficient government system was a practical necessity, since a new
state was formed based on the new social values. One should mention that the Russian legal system contained
various attitudes to court. It was the Judicial Reform of 1864, which finally managed to somewhat change the
attitude to the courts. However, in early XX century the well-known historical events got the judicial branch
under the control of the party nomenclature. In our opinion the Russian society does not yet recognize the
inalienable value of the court.
Keywords:
jurisprudence, state, power, judicial power, civil society, legislative branch, separation of power, legal system, rights and freedoms, legal conscience.
TOPICAL PROBLEMS OF ADMINISTRATIVE LAW AND PROCESS
Reference:
Zaretskaya Daria Sergeevna (2013). Electronic government: definition and perspectives of development. Actual problems of Russian law, 3, 245–250. https://en.nbpublish.com/library_read_article.php?id=62457
Abstract:
This article includes analysis of the positions of various authors towards the definition of «electronic
government». The author views the legislative basis, which regulates the development of information and
communication technologies, as well as the formation of the electronic government of Russia. Taking into
account the analysis of the normative legal basis, the author stresses the need to introduce and develop the
electronic government technologies. Having studies scientific and normative sources in the sphere of development
of electronic government, information and communication technologies, one may come to a conclusion
that Russia has passed the first stage of introduction of information society technologies into the sphere of
functioning of government structures and formation of the electronic government. However, for the further
development of the electronic government, there is still need to form the adequate legislative basis for the
functioning of electronic government, to introduce the new Federal Law on electronic government, to develop
and organize new forms of cooperation between the state, the people and the entrepreneurs of small and
medium-scale businesses in the sphere of egovernment projects. They may be very efficient and facilitate
the process of formation of the electronic government in Russia. There Is also need for the further detailed
regulation of the mechanism of implementation of electronic government via the amendments to the current
legislation in the sphere of electronic government.
Keywords:
jurisprudence, government, Internet, state, services, citizens, information, technologies, law, program.
TOPICAL PROBLEMS OF ADMINISTRATIVE LAW AND PROCESS
Reference:
Smyshlyaev Sergey Mikhailovich (2013). Electronic state government: the regional level of electronic government. Actual problems of Russian law, 3, 251–258. https://en.nbpublish.com/library_read_article.php?id=62458
Abstract:
The article is devoted to the legal problems of regional informatization. The author considers that
the modern Russian state chose the path of formation of the service state» which is oriented on provision of
services, which in turn is impossible to imagine in the XXI century without the informatization of state government,
including the use of electronic administrative regulations. The use of Information and communication
technologies within the system of state government in the Russian Federation is complicated by a large
number of government levels within the federal state system (federal level, level of the constituent subject of
the federation, and municipal level). The author supports the position that today there is need to guarantee
an efficient decentralization of powers between the levels of public government in favor of the constituent
subjects of the Russian Federation. He offers to apply this practice in the process of modernization of the state
government system with the help of the information and communication technologies at the regional level.
The article also includes the conclusion that introduction of information and communication technologies into
the government system of the constituent subjects of the Russian Federation should be goal-oriented within
the framework of the formation of regional segment of the electronic government. It is also stressed, that the
informatization itself should be teamed with the modernization of state government as a whole.
Keywords:
jurisprudence, government, informatization, region, electronic, information, optimization, reform, administrative, government.
TOPICAL PROBLEM OF FINANCIAL LAW
Reference:
Kozhevnikova Svetlana Igorevna (2013). Legal regulation of introduction of the IFRS:
reality and perspectives for the Russian economy. Actual problems of Russian law, 3, 259–264. https://en.nbpublish.com/library_read_article.php?id=62459
Abstract:
The article is devoted to the changes in the International Financial Reporting Standards (IFRS) in late
years. The author provides brief analysis of goals and dynamics of the implementation of the key provisions
of the IFRS in the Russian territory. She also points out some problems of legal regulation and perspectives for
the further implementation of the IFRS, establishes the role of the IFRS for the Russian business, its current
condition and perspectives.
Keywords:
jurisprudence, the IFRS, reporting, standards, accounting standards, international, national, clarifications, council, provision.
TOPICAL PROBLEM OF FINANCIAL LAW
Reference:
Moshkova Daria Mikhailovna (2013). On the issue of financing education in the Russian Federation. Actual problems of Russian law, 3, 265–268. https://en.nbpublish.com/library_read_article.php?id=62460
Abstract:
The new structure and mechanism for the financing of the sector of state and municipal institution,
including educational institutions, is to be formed within the period from 2005 to 2014. The article is devoted
to the Issue of financing education in the Russian Federation under the new Federal Law «On Education». The
author singles out the key principles of state policy and legal regulation in the sphere of education. It is noted
that the education Is financed with the funds of all of the levels of the budget system of the Russian Federation.
The author points out the specific features of financing budgetary, autonomous and official institutions.
Much attention is paid to the issues of financial guarantees for the budget and autonomous institutions in the
form of subsidies for the implementation of state or municipal assignment (program). The author analyzes the
provision of inter-budgetary transfers (subsidies) for the education from the federal budget in particular. The
article also includes analysis of the principle of the normative per capita financing in the sphere of education,
of the establishment of normative spending for the state services in the sphere of education and the budget
fund allocation from the various budget levels.
Keywords:
jurisprudence, education, institutions, spending, financing, normative — per capita, transfer, subsidies, budget, assignment.
TOPICAL PROBLEM OF FINANCIAL LAW
Reference:
Tatarintseva Kristina Nikolaevna (2013). Limitations of the rights of stock market participants within the process of stock issue:
legislation and judicial practice. Actual problems of Russian law, 3, 269–275. https://en.nbpublish.com/library_read_article.php?id=62461
Abstract:
The article is devoted to the problems related to the limitations of the rights of issuers within the stock
issue process, taking into consideration the newest amendments into the legislation on the stock market. The
author analyzes the judicial practice on some issues regarding application of legislation on the stock market
issues by the territorial organs of the Federal Service on Financial Markets at the stage of the state registration
of the reports on additional stock issue. The author shows the gaps in the legal regulation of some aspects
regarding approval of deals, in which the party has an interest, the process of placement of securities, state
registration of reports on the additional stock issue, when none of these were placed, enlargement of the
capital stock of the joint stock companies with the participation of the public law institutions. The author provides
ideas for the improvement of the existing legislation on securities in order to lessen the above-mentioned
limitations for each of the categories regarded in this article.
Keywords:
jurisprudence, shares, limitations, rights, stock issue, placement, reporting, deals, interest, affiliation.
TOPICAL PROBLEM OF FINANCIAL LAW
Reference:
Tsaregradskaya Yulia Konstantinovna (2013). Management of the foreign national debt in the modern Russia:
approaches and tendencies of development. Actual problems of Russian law, 3, 276–281. https://en.nbpublish.com/library_read_article.php?id=62462
Abstract:
The article is devoted to the topical problem regarding management of the foreign national debt of
Russia. The author points out that Russia lacks a goal-oriented system for the management of the foreign
national debt at the level of a specific body, which may be based on the lack of similar practice in the Soviet
Union. Much attention is paid to the fact that the foreign national debt management system is now being
formed via the formation of the joint stock company Russian Financial Agency (RFA), which shall manage
foreign and domestic state loans, that is, it shall place state securities and operate those securities in the secondary
market in order to optimize the structure of the state debt portfolio.
Keywords:
jurisprudence, financial law, foreign debt, budget, management, state, system, state debt, finances, debt policy.
TOPICAL PROBLEMS OF CIVIL LAW
Reference:
Alekberova Nina Nizamovna (2013). Defect of the will as the basis for the invalidity of fictitious
and fraudulent legal transactions. Actual problems of Russian law, 3, 282–286. https://en.nbpublish.com/library_read_article.php?id=62463
Abstract:
The article is devoted to the nature of the defect of the will in the fictitious and fraudulent deals. It is
stated that the defect of the will in the fictitious and fraudulent deals is a complicated basis for their invalidity,
since the will of the participants of such deals has three dimensions. Challenging fictitious and fraudulent
deals due to the defect of the will is possible within the judicial claim procedure, and the claim should be filed
by a person with an interest in the deal in question. The author offers to establish for such deals the limitation
period of three years since the time when the claimant found out, or should have found out of the situation,
which may serve as the basis for the invalidity of such a deal.
Keywords:
jurisprudence, fictitious deal, fraudulent deal, defect of will, persons with an interest, voidable deal, invalid deal, claim procedure, limitation period, consequences.
TOPICAL PROBLEMS OF CIVIL LAW
Reference:
Vorobiev Sergey Mikhailovich (2013). Alternative methods of compensation of moral damage to the victim. Actual problems of Russian law, 3, 287–290. https://en.nbpublish.com/library_read_article.php?id=62464
Abstract:
The object of this article is the social relations in the sphere of normative legal regulation of the alternative
methods of compensation of moral damages to the victims. The goal of the article is to characterize
the provisions of the Russian legislation regarding the compensation for the moral damage. The methodological
basis for the scientific article Includes such principles of scientific cognition, as the historicism, objectivity,
systemic character, complex character. The results of the article Includes the proposals for the amendments
to the current Russian civil legislation. The article Includes analysis of the correlation between various forms
of compensation for the moral damage to the victim. The conclusions of this article may be used In scientific
and educational sphere regarding human rights issues.
Keywords:
jurisprudence, moral damages, state, victims, right, refutation, peaceful settlement, apologies, compensation, Intangible benefits.
TOPICAL PROBLEMS OF CIVIL LAW
Reference:
Gaprindashvili Rolandi Rolandovich (2013). Problems of the legal structure of transfer of debt. Actual problems of Russian law, 3, 291–298. https://en.nbpublish.com/library_read_article.php?id=62465
Abstract:
The article is devoted to the problems of the legal structure for restructuring the debt. The author
offers solutions in the light of the novel amendments to the civil legislation, and he defines the vector for the
further development of the Civil Code of the Russian Federation in the institutional sphere for the transfer
of debt.
Keywords:
jurisprudence, debt, protection of the interests of creditor, transfer of debt, cession of part of the debt, debtor, creditor, change of parties in an obligation, obligation-based legal relations, contract.
TOPICAL PROBLEMS OF CIVIL LAW
Reference:
Poduzova Ekaterina Borisovna (2013). Framework contract in modern civil law. Actual problems of Russian law, 3, 299–304. https://en.nbpublish.com/library_read_article.php?id=62466
Abstract:
The article is devoted to the definition, characteristic features and contents of the framework contract.
The author analyzes the approaches of various scholars on these legal issues, and she also provides her
position on definition and characteristic features of framework contract. The framework contract is a contract
under which the parties agree to conclude the main contract (or several such contracts) in the future, and it
should contain the clause on the term of its application, object of the main contract (contracts), some other
conditions of the main contract (contracts). The essential conditions of the framework (organization) contract
should include the clauses on its term of application, its object, and the object of the main contract (contracts).
The author studies the correlation between the framework contract and the open-clause contract in the legislation
and science of the Great Britain and the USA. The author then comes to a conclusion on the need to
distinguish these lecgal constructions, when they are provided for in the Russian legislation.
Keywords:
jurisprudence, construction, framework, organization, main, contract, conditions, contents, distinguishing, legislation.
TOPICAL PROBLEMS OF CIVIL PROCESS
Reference:
Vasilkova Svetlana Vitalievna (2013). Problem of the protection of interests of the group of persons in the arbitration process. Actual problems of Russian law, 3, 305–311. https://en.nbpublish.com/library_read_article.php?id=62467
Abstract:
The article is devoted to the problems of protection of interests of a group of persons in the arbitration
process. The author states that the group claim combines the institution of the judicial representation
and the procedural co-participation. Studying the issues of protection of the group of persons In
the arbitration process, the author comes to a conclusion that the general condition for the group claim
in the Arbitration Procedural Code of the Russian Federation is incorrect and it allows for non-uniform
interpretations.
Keywords:
jurisprudence, group claim, protection of rights and legal Interests of persons, joining the claim for the protection of rights and legal interests of persons, group claim as a combination of the judicial representation and procedural co-participation, multi-subject relations, lack of procedural rights of members of the group, except for the right to join the group, initiator as a key figure, identification of the group of interested persons, conditions established by a judicial decision on group claim as res judicata.
TOPICAL PROBLEMS OF CIVIL PROCESS
Reference:
Egorova Lyubov Vladimirovna (2013). Persons, filing a counter-claim. Actual problems of Russian law, 3, 312–318. https://en.nbpublish.com/library_read_article.php?id=62468
Abstract:
The article is devoted to the subjects of the counter-claim, namely, to the question on who may
file a counter-claim. The author analyzes the positions among the scholars on filing the counter-claim by
the «new» persons. In particular, the author analyzes two topical Issues, that is whether a counter-claim
may be filed by a respondent and a person, who did earlier was not a party to the case, and whether the
counter-claim may be filed against claimant and a person, who earlier was not a party to a case. The author
analyze the issue on whether the third parties, who have an independent claim towards the object of the
legal dispute (interveners of right) and the third parties who do not have such a claim (interveners) may
present counter-claims, and whether the counter-claims may be brought against them. The author also
evaluates the question on whether the prosecutor may file a counter-claim, when participating in the civil
process in two forms provided by the law. Namely, based upon the analysis of the current legislation and
judicial practice, the author analyzes the issues of whether the prosecutor has a right to file a counter-claim
to protect the rights and interests of other persons (that is whether the prosecutor may join the case with
a counter-claim, if he did not previously participated in the case), and whether the prosecutor may change
the form of his participation in the cases where he is involved in order to obtain his opinion on the case, and
file a counter-claim In order to protect the interests of the respondent in a case. The author also provides
proposals on improvement of the legislation, and evaluates the issue of the possibility of a counter-claim
against a counter-claim.
Keywords:
jurisprudence, counter-claim, procedural co-participation, filing a counter-claim by a person, who previously did not participate In a case, intervener of right, intervener, prosecutor entering the case with a counter-claim, change for form of participation of a prosecutor in a case, counter-claim by a prosecutor, counter-claim against the counter-claim.
TOPICAL PROBLEMS OF CIVIL PROCESS
Reference:
Ershova Natalia Vladimirovna (2013). History of development of the norms on the falsified evidence
in the Russian procedural legislation. Actual problems of Russian law, 3, 319–324. https://en.nbpublish.com/library_read_article.php?id=62469
Abstract:
The article is devoted to the positions in the key sources of the Russian Law starting with the time
of the Russkaya Pravda and to the time of the current Arbitration and Civil Procedural Codes of the Russian
Federation on the matter of falsified evidence. The author establishes the pattern regarding the connection
between the greater role of written evidence and the changes in the regulation of Issues regarding their
authenticity or falsified character. It is noted that the detailed regulation of the issues regarding falsified
judicial evidence was started in the middle of the XIX century due to the Articles for the Civil Judicial Procedure
of 1864. The author expresses an opinion on the need to amend the current Arbitration and Civil
Procedural Codes of the Russian Federation, since the existing legal regulation of the issues of falsification
of judicial evidence does not meet all of the demands of the legal practice.
Keywords:
jurisprudence, falsification, fraud, dispute on fraud, dispute on doubts in authenticity, the Russkaya Pravda, the Law Codes of 1497 and 1550, the 1649 Code of Tsar Alexis, the Articles for the Civil Judicial Procedure of 1864, the Civil Procedural Code of the RSFSR
TOPICAL PROBLEMS OF CIVIL PROCESS
Reference:
Papulova Zoya Aleksandrovna (2013). On the issue of procedural specific features
of the modern court order procedure in Russia. Actual problems of Russian law, 3, 325–330. https://en.nbpublish.com/library_read_article.php?id=62470
Abstract:
The article is devoted to the institution of the court order procedure in the civil process from the
standpoint of the topical issues, regarding the procedural specific features of issuing a court order. The author
provides the formulae for the various amendments to the legislation in order to deal with the existing problems
in this sphere. She also analyzes the issues of the correlation between the court order procedure and the
simplified arbitration procedure on the cases regarding protest of a bill, non-payment, non-acceptance, and
non-dated acceptance at the modern stage due to the changes in the Chapter 29 of the Arbitration Procedural
Code of the Russian Federation.
Keywords:
jurisprudence, court order, statistics, contents, form, refusal, motivation, the bill, simplified procedure, jurisdiction.
TOPICAL PROBLEMS OF FORENSIC SCIENCES AND JUDICIAL EXPERTISE
Reference:
Artyushenko Dmitriy Viktorovich (2013). Some procedural aspects of classification of the judicial expertise. Actual problems of Russian law, 3, 331–337. https://en.nbpublish.com/library_read_article.php?id=62471
Abstract:
The article Is devoted to the problems of procedural legal regulation of the main and additional,
primary and repeated, commission and complex expertise. The differences in the norms of the procedural (administrative,
arbitration, civil, criminal) legislation allow one to say that the unification of the legal regulation
of the institution of the judicial expertise is not finished in spite of its integrated nature. It is noted that the integrated
nature of the judicial expertise should not depend on the type of process, within which it takes place.
The author also evaluates the issue on the introduction into the procedural legislation of the provision on the
one-person complex expertise by a person, possessing the necessary specialized knowledge. The author offers
the specific formulae, which need to be introduced into the procedural laws, and the Art. 201 of the Criminal
Procedural Code of the Russian Federation in particular.
Keywords:
jurisprudence, classification, judicial expertise, main expertise, additional expertise, primary expertise, repeated expertise, commission expertise, complex expertise, complex study.
TOPICAL PROBLEMS OF FORENSIC SCIENCES AND JUDICIAL EXPERTISE
Reference:
Shurukhnov Vladimir Aleksandrovich (2013). Specific features of the oppositions of the organizers
and leaders of the criminal associations at the stage of their formation. Actual problems of Russian law, 3, 338–343. https://en.nbpublish.com/library_read_article.php?id=62472
Abstract:
The article is devoted to the specific features of the opposition of organizers and leaders of the criminal
associations in the process of their formation. The author provides classification of the criminal associations
depending on the criminal status of their leaders, and the author also shows how they influence the
choice of means and methods of organization, structure and formation of activities of the criminal association
at the stage of its formation, as well as choice of means and methods for the opposition in the activities of the
criminal associations. In order to fight the organized criminal activities and their leaders efficiently the lawenforcement
bodies should have this knowledge and use this in their practice.
Keywords:
jurisprudence, organizer, leader, criminal associations, opposition, organization of the criminal association, types of criminal associations, means of opposition, criminal status, law-enforcement bodies.
TOPICAL PROBLEMS OF INTERNATIONAL PRIVATE LAW
Reference:
Muchak Roman Ivanovich (2013). Instruments for the self-regulation of international commercial relations. Actual problems of Russian law, 3, 344–349. https://en.nbpublish.com/library_read_article.php?id=62473
Abstract:
The development of the international economic relations served as the basis for the formation
of informal sources for the regulation of the international commercial relations. The character of such
regulators allowed the participants of the international commercial turnover to regulate their relations
themselves, and it lead to the appearance of the phenomenon of «self-regulation». The existing concepts
fail to provide non-ambiguous response to the question on the nature of the non-formal regulators. Based
on the nature of the informal regulation sources, which mostly depend on the participants of the commercial
turnover, it is reasonable to call such regulators «self-regulation instruments». Its definition should include
the regulators, which are addressed to the participants of the commercial turnover as non-obligatory
documents and which are aimed to regulate the commercial relations. The complicated systems of such
regulators forms a transnational system of instruments for self-regulation of the international commercial
turnover. The static character of the self-regulation instruments fails to reflect upon the process of legal
regulation. However, potentially such regulators may gain dynamic features In the contract regulation.
Therefore, the system of self-regulation instruments serves as a complement to the mechanism of legal
regulation of international commercial turnover.
Keywords:
jurisprudence, instruments, self-regulation, contract, lex mercatoria, soft law, sub-law, source, mechanism, regulators.