Abstract: The subject of this research is such legal phenomenon as the abuse of post by an employee in form concealment of information. The author analyzes the labor law, determines the gaps in legal regulation of the questions of abuse of position by employees. The article examines most common instances of abuse of post by employees in form of concealment of legally important facts from the employer, as well as carries out their classification by cases of concealment of information in the hiring process, in course of exercising their labor rights, and in termination of employment contract. The author underlines the inequality of the status of employer and employee with regards to protection by against the abuse of the opposite party of labor agreement. It is established that the range of the methods of protection of interests of the employer is limited, while an employee is in a much better position from the legal perspective. The scientific novelty consists in comprehensive analysis of legislative gaps in the area of regulation of misconduct of employees in the form of concealment of information. The author offers the mechanism for preventing the abuse of post by employees in the form of concealment of information, which is based on inclusion into local regulatory acts of the norms aimed at protection of rights and interests of the employer.

Keywords: temporary disability, withholding of information, abuse of the right, termination of an employment contract, hiring, employer, employee, labor rights, limits on the exercise of rights, dishonest actions of the employee

Abstract: The subject of this article is the activity of the prosecuting attorney in the maintenance of public prosecution. The research methodology includes dialectical, logical, formal-legal, and hermeneutical methods. The legal framework for this research is comprised of the Constitution of the Russian Federation, criminal procedure legislation, as well as local normative acts regulating the questions of participation of prosecutors in the judicial stages of criminal proceedings. Emphasis is made on the questions of theoretical and applied nature, related to consideration of criminal case materials by the prosecutor. The article explores the positions of scholars regarding prosecutor’s preparation for the legal proceedings, specificity of prosecutor's work at the stage of preparing for maintenance of state prosecution in court. The conclusion is formulated that the effectiveness of maintenance of prosecuting attorney depends on the level of his preparation to the legal proceedings, which includes examination of criminal case materials. The author highlights two key stages of preparation of the prosecutor to maintenance of public prosecution: examination and subsequent evaluation of criminal case materials; participation in the preliminary hearing and fundamental consideration of criminal case .The author believes that activity of the prosecutor is aimed at formation of inner conviction and maintenance of prosecution in court.

Keywords: order of investigation of evidence, shortcomings of preliminary investigation, completeness of evidence, other documents, procedural documents, analysis of evidence, criminal case materials, maintaining public prosecution, methods of scientific knowledge, trial

Abstract: This article is dedicated to examination of certain controversial issues on the attributes of court rulings, as well as reasonableness of their delineation into final and provisional. The research demonstrates that the key attributes of provisional court ruling within the science of criminal proceedings consist in their auxiliary nature, peculiarities of coming into force, and feasibility. Expansion of the essence of the category of “auxiliary nature” of court rulings in combination with the requirements of criminal procedure law on ensuring rights and legal interests of the parties of criminal proceedings allowed the author to refute the affiliation of this attribute to separate court rulings out of a number of provisional. The author is equally critical towards other indicated attributes. The authors formulates an original approach towards classification of court rulings based on the priority of protection of rights and legal interests of the parties to criminal proceedings, namely proposes placing such attributes into the foundation of delineation of court rulings as impact upon constitutional rights of the parties to criminal proceedings. Presence of this impact also substantiates the possibility of independent appeal to the higher judicial instances.

Keywords: legal force, auxiliary, essence, criteria, final court decisions, interim court decisions, criminal proceedings, enforcement, rights, appeal

Abstract: This article is devoted to the problem of fulfilling the obligations of a bankrupt debtor by a third party in the framework of bankruptcy procedures of an individual and the possibility of applying the rules provided for debtors – legal entities. The question of the need to observe not only a certain sequence of actions of a third party, an arbitration manager and a court, but also the study of such additional issues as confirmation of the source of funds. When studying the issue, an analytical research method was used, which is expressed in the analysis of judicial practice. The choice of this particular research method is dictated, firstly, by the need to obtain information about law enforcement and, secondly, by the lack of research on this issue.   Every year there are more cases of bankruptcy of individuals, in this regard, there is an increasing need to apply the rules on the performance of obligations by a third party for the debtor. Within the framework of the institution of bankruptcy of individuals, there are no such norms, but law enforcement practice demonstrates the need for norms on repayment of creditors' claims by a third party as part of debt restructuring procedures and the sale of a citizen's property. The rules provided for in Articles 113 and 125 of the Bankruptcy Law may be applied when resolving the issue of repayment of creditors' claims of a debtor – an individual by a third party. At the same time, in addition to observing the formal procedure for repayment of claims, it is necessary to investigate the issue of the source of funds from a third party.

Keywords: bankruptcy of a legal entity, bankruptcy of a citizen, collateral lender, the only living space, repayment of claims, judicial practice, Statistical data, third person, bankruptcy, creditors' claims

Abstract: The subject of this research is the classification of obligations of property owners in a multi-story building, as well as their maintenance. The need for studying the classification of responsibility of property owners dictated by scientific and practical importance: the disclosure of the content of responsibilities reveals the essence of burden of the content of individual accommodation and shared property in a multi-unit building, as well as the due and socially proper behavior of obliged entities – the property owners. For determining the criteria for classification of obligations of property owners, the author analyzes the provisions of housing and civil legislation. There is no research on the system of obligations of property owners within the science of civil and housing law. For eliminating the theoretical gap, the author attempts to classify the obligations of property owners in a multi-unit building, as well as examine their content. A new perspective upon the classification of obligations based on various criteria is suggested. Special attention is turned to the characteristics of obligations of property owners as a landlord and as a neighbor. The criterion for division of such obligations consists in qualitative characteristic of the status of property owner: owner-landlord and owner-neighbor, and the obligations assigned thereof. The conclusion is made that the owner of accommodation in a multi-unit building is distinguished by care for the property, willingness to contribute economically, and reasonable neighborliness.

Keywords: burden of maintaining the property, common property, housing services, premise, apartment building, obligations of owner, proprietor, owner of the premise, neighbors, neighborhood responsibilities

Abstract: This article presents a brief analysis of the current norms of civil law in the Russian Federation, practice of their implementation, sources of the Roman private law, and norms of foreign law for the purpose of determination of the subject of obligation that emerges as a result of provision of statement about circumstances. The question of correspondence of such obligation to the criterion of validity is being addressed. The provisions of legal doctrine with regards to structure, essence and content of obligation, as well as approaches of legal technique and history of Roman law are used for argumentation of the main conclusions of this research. As a result, the author was able to formulate the subject of obligation that emerges on the basis of statement about circumstances. Obligations characterized by such subject are detected in the Roman private law and modern German legislation. The acquired results allow concluding that obligation due to provision of statement about circumstances is not an extraneous element of the system of civil law of the Russian Federation.

Keywords: economic risks, scope of obligation, feasibility of obligation, obligation, civil legislation, representation about circumstances, eviction, private law, civil law, Roman private law

Abstract: This article analyzes the question of missing a 30-day deadline by a consumer for filing a claim against a financial institution stipulated by the Part 3 of the Article 25 of the Federal Law of June 4, 2018 No.123-FZ “On the Commissioner for the Rights of Consumers of Financial Services”. The paper examines the positions of current legislation on financial ombudsman, procedural provisions on possibility of reinstatement of the expired deadline for filing a claim, and clarification of procedural consequences in a case where such term would not be reinstated. Methodology of this theoretical study consists in comparative-legal analysis, systemic-structural analysis, synthesis, and analogy. The author examines the question of order of assessment by the court of the claim made by a consumer of financial services for reinstatement of the expired deadline for making a claim with the court against an insurance company, similar to the subject of requirements expressed in their address to the financial ombudsman. Substantiation is made on the conclusion that such claims are subject to hearing by a judge alone at the stage of acceptance of claim filing without holding a court session.

Keywords: insurer, policyholder, insurance, requirements, protection, court, judge, financial ombudsman, judicial branch, competence

Abstract: This article explores the issues pertaining to the option of recognizing expert witness testimony as valid evidence in cases of insurance compensation for damages in accordance with mandatory insurance of civil liability of automobile owners (further OSAGO policy). Research is conducted on the position of civil doctrine pertaining to types of expert testimonies acceptable in hearings on compensation for damages in accordance to OSAGO policy. The research is conducted based on comparative legal analysis of procedural consequences of entering expert witness testimony conducted on the basis of “doubled” object of examination as evidence. The author examines the question of possibility of rejection of expert witness testimony. Special attention is paid to the substantiation of position, according to which, portion of the testimony could be rejected if the examination was conducted on different objects by a competent expert. The article also addresses the question of procedural consequences of recognition of a portion of expert witness testimony as invalid evidence.

Keywords: inadmissible evidence, expert opinion, evidence, insurance disputes, liability insurance, motor insurance, judge, trial, subject of proof, assessment

Abstract: This theoretical research analyzes the questions pertaining to determination of the procedural status of financial commissioner on the consumer rights in the area of financial services in hearing cases involving insurance claims according to third-party liability coverage. Analysis is conducted on the norms of Federal Law of June 4, 2018 No. 123 FZ “On the Commissioner for the Rights of Consumers of Financial Services” in the part concerning the procedural mechanism of involvement of financial commissioner in court cases on insurance claims according to third-party liability coverage. The research is performed in light of the comparative legal analysis of the volume of procedural rights and responsibilities on the case parties and financial ombudsman, whose assistance may be required in the course of court hearing. The author analyzes the possibility of involving financial ombudsman to participate in cases under various procedural statuses. Special attention is paid to the substantiation of the conclusion, formulated on the results of the conducted research, on the absence of sufficient legal grounds for procedural involvement of a financial ombudsman in insurance court cases.

Keywords: insurer, policyholder, CTR contract, insurance disputes, consumer in the financial market, consumer protection, financial attorney, financial ombudsman, judicial protection, pre-trial procedure

Abstract: The subject of this research is the formulated by the Plenum of the Supreme Court of the Russian Federation in the order dated of 06.23.2015 No. 25 “On the application by courts of certain provisions of Part One of the Civil Code of the Russian Federation” ground for the nullity of contracts in form of their contradiction to the essence of legislative regulation of the corresponding type of responsibility. This aspect has not been diligently studied within the framework of the doctrine up to the present time, despite its evident law enforcement capacity. The article contains the analysis of court rulings of general jurisdiction and arbitration courts of various level on cases related to invalidating a contract that contradicts the essence of legislative regulation of the corresponding type of responsibility. The conclusions made in course of this research carry the elements of scientific novelty and may be applies in studying the grounds for the nullity of contracts and protection of civil rights.

Keywords: invalidity of bargains, void contracts, contradiction of the essence regulation, consequences of invalid bargain, rescission, invalid bargain, legislative regulation, reform of civil legislation, precedents, illegal bargains

Abstract: The subject of this research is the relations emerging between the parties of the exchange and OTC swap contracts in their execution. The author particularly examines the peculiarities of swap contracts, subject composition of the parties involved; analyzes the rules of stock trades, clearing, standard terms of forward transactions; determines the civil law nature of the used security constructs in executing exchange swap. The author comes to the conclusion that exchange swaps are executed with the central counterparty in compliance with the exchange rules and specifications with the requisite of two counterbids. A limited circle of persons has a right to participate in execution of such swap by making a security payment. According to the general rule, OTC swaps can be executed without involvement of a central counterparty and do not have limitations with regards to subject composition of parties to the contract. The content of such contracts is defined by the standard contract terms. The author also underlines that the established by law essence of contract, which negotiation is necessary for executing a swap contract, depend on its type and civil law qualification.

Keywords: clearing organization, central counterparty, credit-default swap, interest swap, exchange, currency swap, derivatives, swap, making of contract, essence of the contract

Abstract: The subject of this research is the social relations emerging due to imposition of compulsory measures of medical nature by the court. The author’s goal is to determine the criteria that establish the selection of a particular compulsory treatment in each specific case. The author carries out classificat6ion of the types of compulsory treatment associated with isolation of an individual from society or not related to such, as well as division of the criteria into main and secondary. The author conducted a complex analysis of case law and the current criminal law to determine methodology for the selection of a type of compulsory treatment by the court. The research demonstrates that the medical criterion suggesting the essential establishment of mental condition of a person underlies the selection of the most suitable type of therapeutic and protective regimen. Besides the main (medical) criterion, the author also highlights the secondary criteria revealed through a number of socio-psychological traits (criminal behavior in the past, social alienation, violation of therapeutic regimen, proneness to alcoholism). The selection of the type of compulsory treatment must be based on implementation of the aforementioned criteria in their entirety and interrelation, complying with the general principle of necessity and sufficiency of the compulsory measure of medical nature imposed upon a person. The presented conclusions meet the criteria of scientific novelty.  

Keywords: grounds for compulsory treatment, psychiatric hospital, labor therapy, social disadaptation, socio-psychological criteria, medical criterion, types of compulsory treatment, criminal law measures, criminal law, punishment

Abstract: The subject of this research is the non-random variability of dermatoglyphic characteristic of sampling analyzed in forecasting criminalistics. The last decades’ research result testify to the specificity of fingerprint patterns of the persons prone to deviant and addictive behavior as compared to the control groups. However, the characteristics of control sampling are not completely random. Part of the people always elude from volunteer participation in the study and fingerprinting due to the reasons of psychological nature, first and foremost related to their individual dermatoglyphic profile. The research established 50 different dermatoglyphic patterns in 18 various ethnic groups. It is demonstrated that the participants who have been examined last differ greatly from the first volunteers by higher frequency of occurrence of the simple typical whorls; perhaps, they are also less psychologically motivated and emotionally disturbed. Samplings formed on the principles of volunteer participation of the respondents are comparable to each other only in case of exerting equal psychological pressure upon the potential participants. Such may be applied as control samplings in analyzing the samplings consisting of persons subjected to mandatory fingerprinting (alleged offenders, convicts).

Keywords: crime prevention, control group, neuroticism, dactyloscopy, fingerprints, prediction, multiple comparisons, dermatoglyphics, criminalistics, research bias

Abstract: The subject of this article is the civil law relations associated with contract dispute by entities defined by law (parties, other and third persons). Currently, the civil legislation provides right to challenge a contract and application of consequences of its invalidity to parties of the contract and other parties. Moreover, in certain cases, a contract can be challenged in the interests of third parties by specially authorized subjects. Scientific literature does not contain comprehensive research on the aforementioned parties, which justifies the relevance of their examination. The results of this work consist in the formulation of complete perception of parties legally authorized to contest a contract according to the Article 166 of the Civil Code of the Russian Federation. The conclusion made in this work can be used in further research in the area of void contract. This article is the first complex analysis on the parties of void contract, other and third parties, which substantiate the scientific novelty of the formulated conclusions within.

Keywords: third parties, other persons, parties of contract, participants of invalid bargain, consequences of invalid bargain, rescission, invalid bargain, substitution of persons, inheritance, singular succession

Abstract: The subject of this research is the trends in the sphere of theoretical and organization-tactical bases of usage of intellectual systems in judicial graphology. The object of this research is the question of implementation of intellectual systems in judicial graphology. The author substantiates the need for application of the new method and strategies of expert examination of the object of handwriting; specifies the place of intellectual systems within the system of modelling approaches used in graphology; formulates the definition of intellectual system of automated support of scientific research in judicial graphology, as well as subject, goals, and objects of such research. The main conclusions lie in the verified theoretical and organization-tactical bases of usage of intellectual systems in graphoanalysis of signatures. The author’s special contribution into this study is defined by the fact that the intellectual system of automated support of scientific research has not been previously applied in judicial graphology. The scientific novelty consists in the fact that until recently the place of intellectual systems within the system of modelling approaches has not been determined. Along with this, the theoretical and organization-tactical bases of usage of such instrument in graphoanalysis of signatures have not been properly established, considering the absence of similar research on this topic.

Keywords: objectification, JSM-method, intelligent systems, signature, handwriting, judicial handwriting, study, forensic examination, handwriting expert, expertise

Abstract: This article explores the legal nature of ensuring fulfillment of obligations ion the Russian civil legislation. The relevance of this topic is substantiated by the development of economic market relations attributed to contract system. The author determines and describes the characteristic features of the means of securing obligations. Special attention is given to the means of securing performance of a contract. Touching upon the question about civil-legal mechanisms of securing obligations in the area of procurement of goods and services for the need of penal system, the author draws detailed attention to the implementation in contract system of the means of securing civil-legal obligations and their functions. The article analyzes the various opinions of civil law scholars upon the general definition of the means of securing obligations. The lack of consensus among the civil law scholars testifies to the fact that this issue is yet insufficiently studied and requires further research. The conclusion is made that the means of securing obligations have protective functions aimed at encouraging a debtor towards due fulfillment of obligations and “secure” the interests of a creditor.

Keywords: forfeit, placing money, security payment, independent guarantee, bank guarantee, contract enforcement, enforcement, contract system, penal system, оbligation execution

Abstract: The subject of this work is the peculiarities associated with inheriting stock in a company. Within the framework of this research, author attempts to determine and examine the issues affecting citizens of the Russian Federation, who inherited stock in partnerships and organizations, artels, poorly and vaguely regulated in civil law that regulates this sphere of public relations. Special attention is also given to the point of transfer of stake in a company to the heirs through inheriting stock. Based on the conducted research, the author comes to a conclusion that one of the key peculiarities in exercising preemptive rights in inheritance is the option for the heir to receive a lump sum of money or property as the inheritance. The novelty of this research consists in the legal assessment of the peculiarities of exercising preemptive right by the heirs in business sphere. Realization of the following principles are reviewed: good faith, universal succession, freedom of choice of the heirs. The author underlines the need for modification of the legal framework that regulates inheritance, and transfer of various types of objects of commercial organizations. The legal ways of solution with regards to inheriting a relatively new commercial organization, such as economic partnership, are proposed.

Keywords: economic partnership, peasant economy, company with responsibility, business partnership, individual entrepreneur, commercial organisation, preemptive right, entrepreneurial activity, share, joint stock company

Abstract: This article is dedicated to the analysis of the possibility of removal an individual from participation in the corporate decision-making due to personal bankruptcy of this individual. In particular, the article explores the questions of allowability and justification of limitation of a stakeholder in a company with regards to exercising the right of participation, including the right to run the company. Moreover, the subject of research includes situations that precede the necessity to remove the individual from the board without vote of the individual. The work also examines the case law on the question of refusal to allow a partner to carry out administration of the company after the conclusion of liquidation of their personal property. It is proved that the current civil legislation contains positions, which enable the stakeholders of privately held company to exclude a member, an individual declared bankrupt from the board.

Keywords: compulsory termination, exception, management, sale of property, bankruptcy, shareholder, participant, business company, right to participate, loss of confidence

Abstract: The author assesses the problem of proving damages suffered by a declarant resulting from a failure of the other side to carry out the customs broker agreement. The article gives classification of damages suffered by a declarant, resulting from customs broker’s failure to properly declare goods. The article explores the issue of proving damages by the declarant. Analysis is conducted on theoretical and practical positions of limitation of the principle of full compensation. Also analyzed are the forms of limitation to the compensation caused to the declarant included into the customs broker agreement. Based on analysis of 70 agreements, signed between declarants and customs brokers, the author determines the means that would allow customs brokers to effectively shield themselves from having to compensate the declarants. The author formulates general rules of distribution of risks between the declarant and the customs broker according to customs broker agreement.

Keywords: representation, risk sharing, limited liability, lost profits, real damage, indemnification, contractual liability, customs representative, responsibility, contract

Abstract: The subject of this research is the legal issues associated with utilization of timber acquired in terms of geological exploration of subsoil and mineral resource development. Length of the process of sale of timber, stipulated in the current legislation, leads to decline in its consumer qualities, violation of the sanitary and fire safety regulations in the forests, causing loss of profits for the state. Legal regulation of forestry affairs with regards to the aforementioned issues requires improvement. The authors analyze the current legislation, legal doctrine and case law on disputable questions, as well as the approaches towards finding balance between the public and private interests in regulating the procedure for sale of timber acquired during use of subsoil. The authors substantiate the need for introducing the corresponding changes in forestry legislation and propose excluding mandatory negotiations on utilization of timber. It is suggested to present priority right to the entity using the timber located on the land in correspondence to the Articles 43-36 of the Forestry Code of the Russian Federation of its contractor to sign sale agreements of the timber and forest vegetation without negotiations. The norms will be more flexible and consider the interest of both, state and forest users.

Keywords: preferential right, mineral deposits, geological studies, trades, felling of forest plantations, forest, forest lands, wood, the contractor, the right of ownership

Abstract: This article presents the classification of computer information that identifies the means of how it was obtained, provides an algorithm for measure in investigating crimes in the area of cyberspace, as well as proposes the category of information traces of possible cybercrimes. The author carefully examines such aspects as use of information traces and conducts research on analysis of cybercrime investigation. The object of this research is cybercrime reflected in information traces, as well as tactical and technical actions aimed at discovery, storage and confiscation of information traces. The subject of this research is the regularities of crime that produces information traces, as well as regularities in the law enforcement activity in detecting, recording and using such traces in criminal investigation. Identification and analysis of cybercrimes is a difficult task in practice due to widening spectrum of crimes committed in cyberspace and constant development of means of storing and transferring information. Its solution requires not only special tactics in investigation and organizational measures, but also special knowledge in the area of computer technology. In this work, the author offers a structural schematic for the necessary measure for analysis in suspicion of cybercrime, as well as the sources of this information.

Keywords: information traces, criminology, scheme, systematization, classification, cybercrime, computer information, algorithm of measures, investigation of crimes, forensics

Abstract: The subject of this research is the legal norms that regulate the relations on rendering free (subsidized) legal aid. The article examines the development and current state of legislation that regulates relations on rendering free legal aid in the Russian Federation and its constituents (excluding the criminal cases). The author also covers the separate issues emerging upon the implementation of legislation in the area of rendering free legal aid, and substantiates the proposal on improving legislation. A conclusion is mage on inexpediency of improving legislation towards adopting the new, distinct in content in the various subjects of the Russian Federation, statutory acts that establish and expand the list of persons qualifying for legal aid and cases where it has been rendered. Great importance is placed on the legislative changes reflecting the right of each citizen, regardless the place of residence or other circumstances, to receive the “essential” legal aid in any legal cases pro bono. Accent is also made on the relevance of formation of the system of interaction of participants, primarily the state system of free legal aid, which would render the quality free legal aid. The scientific novelty lies in consideration of the terms of rendering and quality criteria of free legal aid.

Keywords: legislation of subjects of the Russian Federation, legal clinic, State Law Office, legislation, subjects providing assistance, availability, quality legal aid, right to assistance, free legal aid, qualification

Abstract: In the modern world, primary healthcare is the basic element of the healthcare system. To ensure its efficiency and improve state management in this area, it is necessary to improve the legislative base. The object of this research is the public relations that form in the process of organizing and carrying out primary healthcare assistance in the Russian Federation. The subject is the norms of the federal legislation, as well as legislation of the subjects of the Russian federation that regulate the order of provision of medical aid to Russian citizens. The conducted research demonstrated that the Federal Law “On the basics of primary healthcare of the citizens of the Russian Federation” and orders issued to carry out this law by the executive branches of the government have a number of contradictions, which impedes efficient regulation. The authors determine multiple relevant issues in the modern system of administration of the healthcare facilities.

Keywords: pediatrist, family doctor, general practitioners, physician, hospital-replacement care, primary health care, health care, assistant doctor, come care, attending medical doctor

Abstract: The subject of this research is the separate specificities of calculating interest on received and issued loans for the purposes of separate calculation of the value added tax (VAT). Particular attention is given to the analysis of the applicable positions of the Paragraph 4 and Paragraph 4.1 of the Article 170 of the Tax Code of the Russian Federation. The author carefully examines the bases for calculating interest in received loans as part of total expenses on operation that are not subject to VAT, as well as interest on issued loans. Analysis is conducted on the legal practice and scientific publications on this topic. The scientific novelty of research consists in the comprehensive study of the bases for calculation of interests on received and issued loans for the purposes of separate calculation of VAT, as well as the research of the question whether or not the fiscal year receipt of interest in the amount that is significantly higher than the revenue from activity that is subject to VAT same as the largest part of expenses related to non-taxable activity. Among the main conclusions of the conducted research is the claim that if the procured commodities (labor, services) are not used in non-taxable operations on issuing loans and receiving interest, the corresponding amounts of VAT are subject to deduction.

Keywords: Interest, VAT-exempt transaction, VAT deduction, Separate VAT accounting, VAT, Tax code, Loans received, Loans given, Five-percent rule, General and administrative expense

Abstract: The subject of this research is the legal status of natural persons conducting business activity without state registration as individual entrepreneurs (the so-called self-employed), which is in the process of establishment. The author analyzes the recent amendments in the Civil Code of the Russian Federation and the Tax Code of the Russian Federation that regulate as a separate form of entrepreneurship the income-producing activity of such citizens. The article examines the various points of view of the Russian scholars regarding the “actual entrepreneurship” as a phenomenon of legal reality. The results of research demonstrate that the group of natural persons that exercise their activity without the state registration as an individual entrepreneur must be distinguished among the subjects of business activity. The named group, in turn, divides into two subgroups: 1) natural persons that are not registered as individual entrepreneurs contrary to law; 2) natural persons that conduct legitimate business, not being registered as individual entrepreneurs. The legislative work on establishment of legal regime for the second subgroup is not yet completed. In terms of selecting an appropriate regulatory strategy, the author makes recommendations to take the supportive and stimulatory measures of the civil legal and financial legal character, as well as the measures of administrative legal enforcement.

Keywords: tax registration, legalization of status, illegal business, legal status, actual business, state registration, business activity, self-employed citizens, individual entrepreneur, taxes

Abstract: The subject of this research is the taxation of the income of natural persons and insurance payments made by organizations that provide employment on remote long-term job sites and charge their employees for transportation to and from job site. Special attention is given to the question of in whose interests are the target of the employees’ transit to and from the job site. The author carefully examines the basis for recognition of the corresponding payments to employees in the form of compensation as established by the Labor Code and are not subject to taxation. Analysis is conducted on the legal practice on this topic, as well as the corresponding academic publications. The scientific novelty of this research is primarily substantiated by the examination of the question of in whose interests are the target of the employees’ transit to and from the job site. Among the main conclusions of research are the following: transportation of employees to and from the job site is in the interests of the organization, as it is aimed at continuous work at the job site; reimbursement of traveling expenses to the employee should be classified as compensation, which in accordance to Paragraph 3 of the Article 217 and Subparagraph 2 of Paragraph 1 of the Article 422 of the Tax Code of the Russian Federation are not subject to taxation and insurance premiums.

Keywords: Personal income tax, Tax exemption, Remuneration of expenses, Employee`s interest, Employer`s interest, Transportation of workers, Tax code, Labor code, Work by rotation, Social security tax

Abstract: Based on the example of a specific labor dispute on employment reinstatement, this article examines the legal consequences of illegal dismissal; limits of applicability of Part 5 of the Article 394 of Labor Code of the Russian Federation and court’s responsibility to redraft the grounds and (or) reasons of dismissal; whether the court is entitled to settle the dispute beyond the worker’s claim of employment reinstatement; what implies the continuation of work in terms of reorganization. The covered questions are illustrated with the examples form judicial practice, which additionally increases the relevance of the work of practicing lawyers in the area of labor law. The author underlines the presence of ambiguous approaches towards the interpretation of various legal categories in the Russian labor law that inevitably results in the emergence of a significant number of labor disputes. Thus, a conclusion is made on the need for regulation of the contested issues at legislative level or through acquisition of interpretations of the Supreme Court of the Russian Federation regarding order of application of one or other positions of the labor and civil procedural legislation.

Keywords: liquidation of a legal entity, limitation of consideration of a case, job function, continuation of work, change of grounds for dismissal, reinstatement in a job, dismissal, Labor code, court interpretation, labor dispute

Abstract:   The subject of this research is the topical issues of determination of the order and size of compensation for moral damage. The goal of this article consists in improving protection of the intangible benefits and personal non-property rights. The author formulates a set of measures that allow solving the issues identified in the course of the research. Particularly, in determining the order and measure of compensation for moral damage for violating the intangible benefits and personal non-property rights, the author suggests to rely upon the developed principles, additional criteria and rules. For reducing the number of violations in the information sphere, it is necessary to introduce a separate type of responsibility – the unified compensation for violating the intangible benefits and personal non-property rights (besides the compensation for moral damage). Compensation for moral damage should be divided into the two subtypes: main and qualified. The article also offers the methodology of identification and documentation of the individual peculiarities of a person and other circumstances worthy of attention in establishing the size of compensation for moral damage, as well as other suggestions of theoretical nature and practical measures. The scientific novelty of this study lies in the fact that the formulated suggestions allow revealing the content of the “circumstances worthy of attention”, solve the problem of objectification of determining the size of compensation for moral damage, as well as help minimizing the negative impact of subjectivity of the judicial discretion. The conclusions can be used for improving the conceptual apparatus and legal norm, practical application in court disputes associated with protection of the intangible benefits and personal non-property rights.  

Keywords: sanction, compensation, moral rights, intangible benefits, circumstances worthy of attention, compensation for moral damage, responsibility, violation, mass media, judicial discretion

Abstract: The article is devoted to the analysis of foreign and domestic legislation regulating of the procurement of goods, work, services to provide state and municipal needs from a single supplier, contractor, executor. A retrospective analysis of the domestic and foreign legislation of non-competitive methods of public procurement was carried out. A comparative analysis of domestic and foreign experience of legal regulation of the procedure of procurement of goods, work, and services from a single supplier, contractor, executor has been made. The purpose of this work is to identify ways of improving the legal regulation of non-competitive methods of procurement to ensure state and municipal needs, based on domestic and foreign experience of using various types of the non-competitive procurement procedures and application of various types of civil legal instruments for regulation of contractual relationships. The work used empirical methods of comparison, description, interpretation, theoretical methods of formal and dialectical logic, specific scientific methods (juridical-dogmatic method and interpretation of legal norms).Based on the conducted research the author proposes fixing the procedure for concluding a framework agreement in the domestic legislation in the sphere of state and municipal procurement, as well as providing the register of qualified suppliers and contractors by types of goods supplied, works performed, or services rendered; application by officials of contractual services of simplified methods of procurement using a bank card in case of purchasing from a single supplier in accordance with clauses 4, 5, part 1, article 93 of the Federal law from 05.04.2013 № 44 «About contract system in sphere of the public procurement goods, works and services for state and municipal needs»

Keywords: non-competitive purchases, simplified acquisition methods, provision, state needs, public procurement, acquisition, purchase, single-source procurement, framework agreement, contract system

Abstract: In this study the special attention is paid to the problems of illegal collection of fees at the conclusion of credit agreements. Shortcomings of legal regulation and ambiguity of judicial practice has led to legal possibility of bank’s usage of the funds significantly aggravates the situation of the consumer (borrower) at the conclusion of the credit agreement. The authors reviewed the most common types of fees, charged for the conclusion of credit agreements, including a fee for maintaining the loan account, as well as enforcement practice on this category of civil cases. The authors used the methods of analysis, abstraction, concretization, systemic approach, the unity of theory and practice and formal legal method. Scientific novelty of this research consists in the fact that the authors suggest some ways of addressing the problems associated with the illegal collection of fees at the conclusion of credit agreements on the bases of legislation and judicial practice. During the research the authors come to the conclusions that the analysis and offers, developed in this article, can be used in practice for further improvement to the legislation on protection of consumer rights.

Keywords: banking Commission, court, infringement of rights, unfair conditions, Bank, borrower, loan agreement, loan account, consumer protection, litigation

Abstract:     The subject of this research is the peculiarities of exercising of preemptive rights in hereditary legal relations. Based on the conducted analysis, the author comes to a conclusion that one of the key aspects of exercising of preemptive rights in hereditary legal relations is the emerging due to the claiming of preemptive rights obligation to pay the indemnity to other parties of inheritance relations. The author criticizes the positions of the Article 1178 of the Civil Code of the Russian Federation that the holder of priority right to inherence the company must stand as a private entrepreneur. The scientific novelty consists in the systemic legal analysis of peculiarities in exercising preemptive rights in hereditary legal relations at present stage, the major of which is the reparation character of exercising of preemptive rights. A conclusion is made on the need for amending the existing legislation. The author believes that for holding the priority right in inheriting the company, a primary criterion lies in the close tie of a heir with the company, as well as his participation in company’s affairs until the death of a testator or other substantial interest in continuation of this company. The author suggests using such criterion and make corresponding changes to the Article 1178 of the Civil Code of the Russian Federation.    

Keywords: Enterprise inheritance, Corporate legal relations, private entrepreneur, Hereditary relations, civil law, privilege right, obligatory legal relations, Pre-emption right, Abuse of rights, preemptive rights of the heirs

Abstract: The subject of this research is the combination of legal norms that regulate the order of the incurrence of liability for violations of requirements for project documentation and normative documents in the area of construction. The object of this research is the public relations established between the competent authorities and the actors of construction activity regarding the audit of documentation and adherence of the latter to the requirements of normative acts in the area of construction. The Code of the Russian Federation on Administrative Offenses refers to the various normative legal acts, which are not quite subsequent in regulation of the content and completeness of preparation of the project documentation. The key directions of the study cover the difficulties of theoretical and practical character that accompany the possibility of full qualification of actions, which represent the composition of administrative legal violations for infracting the requirements of project documentation and normative documents in the area of constructions. The author concludes that the punishment for the legal violation established by the Article 9.4 of the Code of the Russian Federation on Administrative Offenses does not carry out its preventative or recovering function to the full extent. The aforementioned administrative legal violation takes place due to the neglect and indifference by the subjects of construction activity of the content of project documentation, as well as the procedure of its complete and timely preparation.

Keywords: Jurisprudence, Project, Legislation, Code of the Russian Federation on Administrative Offenses, Normative documents, Project documentation, Administrative liability, Violation of obligatory requirements, Construction, Administrative violation

Abstract: The morphology of papillary ridges is interconnected with the multiple human properties, as well as serves as the objects of psychogenetic, forensic pathology, criminal identification, and diagnostics. Thus, the fingerprints reflect the distinct individualizing information about the morphological and functional properties of a person. Modern research underline the importance of identification characteristics of the fingerprints alongside their diagnostic, psychological, and nosological correlations. The friction ridge skin acts not only as an identification criterion, but also reflects its diagnostic possibilities. In such case, the subject of inquiry changes. It becomes possible to resolve the identification tasks from the positions of establishment of personal identity, as well as forming a psychological profile. The subject of this work is the regularities that define the implementation of psycho-dermatoglyphic studies in criminalistics for the purpose of creating a psychological profile of an individual who left prints at the scene of the crime. Psychodermatoglyphics represents a new direction in criminalistic examination, which reflects the integral and integrative correlations between the object (fingerprint) and a subject. Psycho-dermatoglyphic method is based on interrelation of the topological model of the structures of brain with the morphology of a fingerprint (first right, first left) in the context of integrativeness of behavior and peculiarities of the structure of minutiae that indicate the neuropsychological and psycho-dermatoglyphic connections.

Keywords: Papillary ridges , Diagnostics, Psychological type, Line, Morphology, Identity, APB , Indication, Fingerprint, Psyche

Abstract: This article analyzes the questions of recognition of the contracts void and null, taking into account the legal positions of the Supreme Court of Arbitration of Russia set by the Resolution of the Plenum of the Supreme Court of Arbitration of Russian of November 17, 2011 No. 73 “About single questions of practice of application of rules of the Civil code of the Russian Federation about the lease agreement" and the Information Letter of the Presidium of the Supreme Court of Arbitration of Russia of February 25, 2014 No. 66. In addition to this, from the perspective of law enforcement, the author analyzes the land and civil legislation, which pertains to signing and renewal of lease agreements on land lots that are part of state or municipal property. The work contains the new conclusions on correlation of norms of the land and civil law in regulation of relations associated with recognition of the real estate lease agreements void or null. The author also provides the recent legal positions of the Supreme Court of Arbitration of the Russian Federation and other courts on this matter.

Keywords: Information letter, Plenum of the Supreme Court of Arbitration, Supreme Court of Arbitration of the Russian Federation, Lease, Arbitration Court, Government authorities, Land lot, Negotiations, Nullity, Failure

Abstract: This article analyzes the construct, important conditions, and legal nature of the agricultural insurance policy based on the current normative legal acts. The role of the aforementioned policy in ensuring the realization of measures on substitution of imported agricultural products with domestic is underlined. The policy examines a subjective composition of insurance legal relations in agriculture, substantiates an objectively necessary integration, a “bow” of the “predominantly horizontal” property relations with the property relations of “predominantly vertical” nature. In author’s opinion, the subject of agricultural insurance policy lies in property relations (interest), which establish due to rendering a “particular type” of specialized services, expressed in “bearing the risk” of loss or destruction of the objects of agricultural insurance with state subsidization. The scientific novelty consists in the fact that the author stipulates the construct of agricultural insurance policy, determines the important conditions of agricultural insurance policy alongside the imperative nature of such policy with state subsidization, as well as justifies its role in ensuring the measures on import substitution. In addition to this, the article provides arguments that reflect the legal nature of agricultural insurance policy as an actual agreement with imperative signs and predominant dispositional norms.

Keywords: Responsibility of parties, Executive agencies, Association of insurance agencies, Property relations, Insurer, Legal nature, Requirements, Important conditions, Subsidies, Agricultural insurance

Abstract: This article is dedicated to a number of questions associated with application of the consequences of invalidity a void contract. The author carefully examines the aspects of application of the general and special consequences of invalidity a void contract. Special attention is given to complications of application of the bilateral restitution. The article also touches upon such consequences as responsibility to compensate for the damage and recovery of a void contract, reviews the German experience of convalidation, suggests the ways of resolving the issues of Russian legislation in this field, as well as explores the questions associated with inadmissibility of restitution and collection of the agreement proceeds. The author’s special contribution lies in the conclusion that often the application of consequences of invalidity of a void contract can be impossible, because practice knows cases when the application of such consequences does not restore the violated right. The author also proposes an alternative for resolution of the problem that pertains to contradictions between the institution of convalidation of the void contracts with the essence of a void contract.

Keywords: Sanctions, Public legal violation, Inadmissibility of restitution, Recovery of contract, Convalidation, Bilateral restitution, Special consequences, General consequences, Void contract, Invalid contract