The constitutional regulations of all countries guarantee their citizens the right to education. In the Republic of South Ossetia during last years we observed a process of modernization of the state. In particular, the legislation on education directed on guaranteeing the right of citizens for education has been developing. The state defined the main directions of a development of education, material and personnel resources, and also the problems in this sphere were revealed. One of key problems is insufficiency of financing of an education system which doesn't allow guaranteeing the right for education at the necessary level. The availability of educational institutions for students is essential to guarantee the right to education. Modern states establish minimum standards for primary, secondary and higher education. Thus, primary education must be universal, compulsory and free, and in case of its absence, elementary education should be encouraged or intensified. In the secondary, including vocational, education guaranteed openness and accessibility for all, including through "progressive introduction of free education". In the Russian Federation, the availability of educational institutions for students was solved comprehensively, but mainly due to the municipal reform, according to which the territory is rural and urban settlements were formed taking into account walking distance from the administrative center. The author proposes to consider similar experience for South Ossetia
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 describes the criminalistic features of fraud
in insurance. Particular attention is paid to the basic
elements, such as the ways of committing fraud, the
study of social and psychological portrait of a criminal,
the circumstances of the crime, the mechanism of the
crime and other elements. The article reveals different
types of performances applied for committing fraud in
insurance. Special attention is paid to the most
common traces of crime in insurance. Material traces
are found in a wide variety of documents: insurance
contracts, insurance policies, medical records, the
findings of evaluation expertise, the certificates issued
by the law enforcement agencies, acts of car repair
shops, acts of firefighters, etc. The article traces the
material except the author gives the concept of ideal
traces that remain in the minds of all victims and
witnesses. The author presents a classification of fraud
in insurance according to various reasons: depending
on the degree of organization of the fraud and the
status of persons who commit fraud. The results of the
author’s research covered in this article relate to
preliminary verification of the crime in insurance. The
article considers different situations requiring
inspection for detecting criminal activities in insurance
The article is devoted to the history of establishing criminal liability of legal persons in the Russian legislation. The author justifies the need for a more detailed analysis of the concept of criminal law fixing a legal person as the subject of crime in criminal law of Russia the modern period. To substantiate these stories of criminal law, the authors cite as an example a number of legislative provisions of the Russian legal space in the plane of a retrospective analysis of the previous period of rulemaking and legislative process. The authors investigated the criminal reflection of legal entities in the period of time until the twentieth century. Work includes links to many of the views of leading scientists in the study area, at different stages of development of the state. This submitted for publication article is the first of a series of articles, the authors intend to publish in the future. Historical heritage monuments in Russian law are the starting point for the study of a gradual process complexity and improve analyses Institute. Relevance of the themes on display determines the vector of state policy in the field of globalization of the legal space. Modern Russian criminal law, according to the author, must contain a declaration of the legal person as the perpetrator
The reduction of the period of incarceration and early
release from the convict labor gangs of civil authorities
were a common practice for these places of detention,
provided by a number of legal acts: the decree of 1834
"On determining the period of stay the vagrants in
convict labor gangs of civil authorities in
Novorossiysk region", 22 October 1836: "On the age
of criminals, awarded, instead of referring to the
settlement, to return in the military service", the
regulation on 15 August 1845 “On the correctional
convict labor gangs of civil authorities, decrees April
17, 1863 "On some changes in the present system of
criminal and correction penalties", October 19,
1863"On temporary measures to cleanse of convict
labor gangs of civil authorities from the accumulated
therein prisoners, "13 May 1866 "On the reduction of
the time of detention of arrestees in convict labor gang
of civil authorities". Also it was continued the
refinement of operating regulations for reduction of
the period of incarceration in 1880. So, MPM in
January 11 sent to the governor an explanation â„–302
"On the procedure of reduction of the time of detention
for arrestees of correctional departments." It contained
a clarification and explanation of the application of the
provisions of the May 13, 1866.In May 15, 1880 to
Tauride governor was sent another circular "On
abolition of deportation to Siberia without the content
in correctional departmentsof certain categories of
prisoners." The main condition in most cases peaked
good behavior and hard work of the prisoner. The
decision was made by the head of the department and
submitted to the trustees committees for final decision.
The reduction of the prison term used as an
exceptional measure to reduce the contingent of places
of detention
The author of the article explores the order of the using the special knowledge in the investigation of the unlawful use of the trademark, the forms of the using special knowledge. It is impossible to carry out the investigation of the illegal use of a trademark just as other economic crimes without the use of the special knowledge. The main task which is solved by means of the expert research is finding of the use on the certain products of the alien trademark, this means there are mismatches of the product quality with the quality of the claimed trademark. No matter in what forms the special knowledge is used (the expertise, the professional judgment or the debriefing of the knowledgeable person), it should be used at the time of the inspection reports of the illegal use of the trademark. The author has examined the procedures of the competent person, who invited as a specialist during the inspection of the seizure, counterfeit products; he showed the sequencing of the action for the implementation of the examination by a specialist. During the inspection the expert must assist the investigator (inquirer) in the identifying of those attributes that point to counterfeit products. The characteristic signs of the counterfeit products were investigated. It is highlighted the need for special knowledge in the field of merchandising, for the conducting of the merchandising researches in the investigation of the unlawful use of the trademark, is also needed for the appointment and other examinations such as patents; computer, technical and forensic examination of documents
Today, in Russia, there are many processes of
reforming local government. One of the most pressing
issues in this area of legislation is the institution of city
manager. This article contains the distinctive features
of the voting of City Manager, requirements for a
candidate for the position, rights, duties and powers,
opinions of scientists on the issue in the sphere of local
government, City Manager abroad, the question of the
legal status of City Manager in the Kuban region and
our own position about the problem. The purpose and
objective of this work is to study legislation in this
area, display trend developing, drawing up the positive
and negative aspects of local government reform. We
used a number of different levels of laws regulating
relations of Municipality. For example, such as 131-
FZ about Local Self-Government, the Criminal Code,
the law on local self-government in the Kuban region,
as well as sentences of courts of different instances. A
distinctive feature of this article is the responsibility of
City Manager, and exactly what is waiting for if he
breaks the law, and also judicial review
This article discusses the different approaches to the classification of transnational criminal organizations, analyzes the model of transnational criminal activity. We have also presented convincing arguments about the need for delimitation of concepts such as "international criminal organization" and "transnational criminal organizations." Comparing transnational criminal association with major legal corporations in scale, structure, organization, the author substantiates the conclusion that the use of management principles to build the most "effective" management structure of transnational criminal organizations
The article is devoted to the objects of practice and
theory of the means of individualization of legal entities.
Individualization of a legal entity - it is when it is
allocated from the mass of all the other organizations.
A legal person acts under its brand name, which is
defined in its founding documents and is included in
the state register. The main function of the means of
individualization - select an object or a subject of the
total weight of the homogeneous objects or subjects.
Legal regulation and the legal protection provided by
international regulations and legislation in different
countries. The high relevance of the topic because it is
the development of today's world market and contributes
to increasing the role and need for individualization
of goods and means of legal protection
Authors discuss legal issues and protection of children from the inducement to use narcotic drugs, psychotropic substances or their analogues in Russia