The article is devoted to one of the most disputable
categories of jurisprudence – to abuse by the right. The
law does not allow the exercise of civil rights with the
intent to harm another person, as well as abuse of
rights in any form, including in the form of
circumvention of the law. The author regards as the
already known issues with the application of the
principle of the inadmissibility of abuse of the right, so
new in connection with the amendments to the Civil
code of the Russian Federation. The amendments to
the article on the abuse of rights were caused by the
current practice. However, there remains a question
about how well these novels are being implemented.
This article examines the question of the application of
the principle of prohibition of abuse of rights in
proprietary relations. Statistics show that the judges
started to apply Art. 10 ten times more often in
proprietary relations. Still, this situation is inextricably
intertwined with the risk of judicial discretion. The
article also investigated the correlation of the
subjective rights of a bona fide owner and a bona fide
purchaser of real estate. Based on the conducted
research the author proposes the notion of abuse of
right in property relations. It is concluded that a proper
understanding of the categories of "bona fide owner"
and "bona fide purchaser" is the main factors in the
resolution of a number of practical issues
The article contains legal theoretical definition of the concept of information and computer information, its juridical essence and fundamental characteristics in the context of formation of informational society. We have also made a short stage analysis of the formation of legal norms in Russian law in informational sphere. On the basis of the analysis the author gives his own definition of the term of computer information and concludes that problem requires immediate complex measures which should be directed to improvement of legislative norm
The article explains the relevance of testaments, committed in extraordinary circumstances. The authors note, that the form of such testaments is considerably simpler. Nevertheless, it is compensated by necessity of further confirmation of fact that testament was committed in extraordinary circumstances by court. The conditions of validity of such testaments exposed to a detailed analysis in the article. The authors emphasize that for the recognition of circumstances as extraordinary, such circumstances should be unusual, exceptional, and create immediate threat of life, not threat to health of a citizen. The article contains the analysis of court decisions, which counter to these provisions. The study notes that the legislation does not allow for opportunity to commit testament in the extraordinary circumstances using the technical equipment. It is a gap in the legislation, considering the current conditions. The authors describe international experience of drawing up testaments verbally and came to the conclusion that such form is not acceptable in the Russian legislation. The article also notes the need for a more precise definition of “extraordinary circumstances” applied to inheritance relations. By the authors’ viewpoint, serious illness of the testator can’t be classified as extraordinary circumstance. The study is not only based on analysis of theoretical works of scientists, also on law enforcement practices. The authors of the article identified actual problems of current legislation and came to the conclusion of the necessity to improve the modern civil law
Real estate is a special object of civil rights. Due to
the current political and socio-economic
circumstances the question of the right of ownership
to immovable property and its termination is very
important. The existing in the current legislation
approach to the legal regulation of termination of the
right of property in Russia is not consistent with
social justice. This has a significant impact on law
enforcement. In addition, the relevance of this
problem in Russia is predetermined with historical
significance of such immovable property like land
plot. Currently there is a certain balance between
private and public interests in this sphere of legal
regulation. At the present neither the doctrine of civil
law, nor the practice of law is not allowed the whole
block discussion of issues considered issues. So, such
theoretical construction as the definition of
involuntary termination of rights to immovable
property still not well developed. Especially against
such an object as a plot. Thus, the foregoing allows
asserting that the issue of forced termination of the
right of property outlined in this article is relevant and
valuable to the legal science and practice
As a result of timely carrying out of a search and sei-zure, law enforcement officers have an opportunity of analysis of the major sources of proofs in the given category of documents. At the same time, there are cases when field investigators and inspectors face va-riety of massive problems during search or seizure. The given article is devoted these and other problems
As a part of the investigation carried out in the
course of the investigation of crimes, a
confrontation is very important. This article
reveals the essence of the scientific production of
the confrontation, the object and purpose of which
is to establish the truth in the case. The
investigator, in accordance with the Article 192 of
the Code of Criminal Procedure of the Russian
Federation has the right to decide on proceeding a
confrontation, in cases when previously there
were significant differences. In conducting
confrontation, there are confirmed correct
versions and the versions denied by others, it
turns out the real facts of the case and eliminates
significant contradictions in the testimony of
previously interrogated persons. By making the
decision to produce a confrontation, the
investigator must be confident in the ability of the
participant, who gave truthful testimony, to
withstand the psychological pressure. This party
should be prepared to create his "immunity"
against future attempts to influence the other party
to persuade to change readings, etc. Before the
production of a confrontation, the investigator
must draw up a plan in which the questions are
formulated. Then prioritize questioning of
participants of confrontation and identify tactics
that can be applied in the course of its production.
The investigator prepares a space for the
production of confrontation, and audio, photo and
video equipment. Different violations, errors
during the confrontation, have the ultimate impact
on the overall result of the preliminary
investigation of a specific criminal case. In this
regard, clarification of the nature of the
confrontation has not only theoretical but also
practical importance
This artiсlе is dеvоtеd tо thе еvоlutiоn оf thе mаrriаgе
institutе, tо thе sоurсеs аnd tеndеnсiеs оf fаmily
dеvеlоpmеnt. Thе аnаlysis оf thе fаmily rеlаtiоns in
аnсiеnt Bаbylоn ассоrding tо lаws оf Hаmmurаpi is
prеsеntеd in thе аrtiсlе. In Hаmmurаpi соdе thе fаmily
is prеsеntеd аs bаsis nоt оnly fоr есоnоmiс, mаtеriаl
pоwеr оf thе stаtе, but аlsо аs its pоlitiсаl stаbility аnd
sаfеty. Thе rights аnd dutiеs оf spоusеs аrеn't еquаl,
but thеy аrе еquаlly, thоugh еvеryоnе in оwn wаy,
pаrtiсipаtе in асhiеvеmеnt оf а mаin gоаl оf thе
mаtrimоniаl uniоn – thе birth аnd еduсаtiоn оf
сhildrеn. Institutе оf mаrriаgе is оnе оf thе mаin
institutе оf thе fаmily lаw. It is соnsidеrеd in thе
аrtiсlе thе оrdеr аnd соnditiоns оf gеtting mаrriеd, thе
оbstасlеs fоr thе еngаgеmеnt аt vаriоus histоriсаl
stаgеs. It is соnduсtеd thе lеgаl аnаlysis оf thе
mаintеnаnсе оf thе mаrriаgе rеlаtiоns. Thе аttеntiоn is
pаid tо thе quеstiоn оf thе pеrsоnаl аnd prоpеrty
rеlаtiоns bеtwееn spоusеs, pаrеnts аnd сhildrеn;
rеlаtiоnship tо thе mаrriаgе is соnsidеrеd аs а sосiаl
аnd есоnоmiс dеаl аnd lаtеr аs а vоluntаry will оf а
wоmаn аnd а mаn tо gеt mаrriеd. Rеligiоus mоdеls оf
а fаmily аrе соnsidеrеd in thе аrtiсlе. hаngеs whiсh
hаppеnеd during сulturаl histоriсаl dеvеlоpmеnt
соnсеrning thе fоrms оf thе fаmily аnd mаrriаgе
rеlаtiоns аrе аlsо соnсеrnеd thе mаintеnаnсе оf thеsе
rеlаtiоns, in pаrtiсulаr, bеtwееn husbаnd аnd wifе. Thе
сhаngеs hаd mоrе quаlitаtivе сhаrасtеr within thе
еmеrgеnсе оf fаmily mоnоgаmy. Thе соnsidеrаtiоn оf
thе еmеrgеnсе оf thеsе оr thоsе fоrms оf mаrriаgе
prеsеnt thе intеrеst tо thе сulturаl and histоriсаl
аnаlysis аnd thе rеаsоns оf сrisis in thе fаmiliеs
nоwdаys
Active development of public relations entails its reflection in the criminal legislation of the Russian Federation. Currently, the issue of improving the criminal law remains relevant. In this regard, this article focuses on one of the most important tasks - structuring the legislative system of the Criminal Code of the Russian Federation, ordering criteria for identifying extremist crimes relative to the object of criminal law protection. Author considered necessary and legislative decision ordering the crimes of extremist orientation within a separate section of the Criminal Code which doesn’t reducing the status, the social danger of the crime and other crimes of extremist orientation
In the article, the author analyzes the aspects of the
investigative activity of the investigator to locate the
stolen property, provides the scientific approaches to
the structure and content of investigative versions; the
authors assess the relationship of the investigative
versions and typical investigative situations; propose
the algorithms of actions of the investigator in tracing
stolen property with regard to various investigative
situations
The article discusses the concept of principles of civil law. It examines the characteristic features of the system interpretation of the principles of civil law and universally recognized principles of international law. From this perspective, the author offers a systematic interpretation of the principle of reasonableness and
good faith in civil law