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 №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
This article discusses the concept of "sanctions" in
constitutional and international law, as it is
controversial and debatable. The media and prominent
politicians now often use the term "sanctions", it is
connected to the Crimea to Russia, and a mixed
assessment of the event foreign countries (countries of
the European Union, Japan, Switzerland) and
international organizations (the Council of Europe,
NATO). The author explores different perspectives
reveals several scientific approaches to the concept of
"authorization". Theoretical aspects of the work were
discussed in close connection with the practice,
namely, analysis of the process of joining of Crimea
to Russia from the point of view of international law
and Russian legislation in this regard, the validity of
the application of sanctions against the Russian
Federation. We were also paying attention to types of
sanctions. The article analyzes the comprehensive and
targeted sanctions, their distinctive features and the
need to use the "mirror" of sanctions for the Russian
Federation. Particular attention is paid to the legal
regulation of sanctions in international and Russian
law. It is noted that in the Russian Federation,
legislative regulation of the sanctions received only in
the economic sphere. The author highlights some
trends in the development of existing legislation in the
field of sanctions
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
Norms of the active Russian legislation enshrining the
inheritance rights and defining the status of surrogate
children, surrogate mother and the genetic parents
connecting to the question of the obtaining and
realization of the inheritance rights of these children
are subjected to a detail analyze in the article. The
authors described uncertainties and double-meanings
of some occasions of appearing of surrogate
children’s inheritance rights, what arise in practice,
for example, when surrogate mother in childbirth
could not give her agreement for registration people,
who had given their genetic material, as parents of
surrogate child. The authors found out imperfection
of active legislation of Russian Federation in the
context of question of surrogate children’s inheritance
rights in case of genetic parents’ death before
childbirth. Other important question, that the authors
tried to resolve in the article, is connected with child’s
inheritance rights, who was conceived after death of
his genetic parents. Also the attention is focused on
the absence legal mechanisms of action on genetic
parents, who refuse surrogate children, in the Family
Code of Russian Federation and in Civil Code of
Russian Federation. Authors reached a conclusion
that surrogate children’s inheritance rights should be
legal regulated in detail. Some suggestions on these
issues are offered in the article
In modern democratic society human rights and, in particular, the right to privacy is of paramount importance. Information about citizens is collected and accumulates various government (the Ministry of internal Affairs, Bureau of technical inventory authorities of acts of civil status, medical institutions, agencies of registration of rights to immovable property and transactions with it, the bodies of registration of legal entities, etc.) and private entities (cell companies, private educational, medical, legal organizations, etc.) at birth and receiving documents, identity when applying for a job, when applying to a medical institution, for the purchase of immovable property (apartments, cars), for the establishment of private enterprises in other cases. When making purchases in online stores, a consumer is forced to disclose their personal data. However, the owners of these shops do not always ensure the protection of personal data (including credit cards), and the absence of law creates a gap in legal regulation. To the very same personal data includes biographical and identifying data, personal characteristics, information about family, social status, education, profession, career and financial situation, health condition and other
In modern civil turnover the definition of a bidding contract is a well known way of making contracts. Despite this fact, the modern legal science has not formed a general idea about the tender. In particular, the problem of this phenomenon is in minor investigation of the principle of the conclusion of agreement and the deal itself in the civil law. It requires further legal analysis in investigation of the legal procedures of the contract at the auction. Legal regulation of the relations in the area of conclusion of the contract on bidding is quite extensive in reality and evidenced by the reflection in the legislation of a significant number of trades. A vivid example is the legislation on the auction, conducted for the purpose of placing the state order. This legislation is comprehensive and currently is under in the process of reform in development of a new contractual system of the state order. The particular interest increase in the conclusion of the contracts by means of the electronic trading platforms. Thus, the situation in the field of legislation on the auction, its practical application and theoretical research in this field requires the further investigation of the bid process as a whole law area that illustrates the relevance of this article
In the article we reveal the basic problems of forming the legal basis of public control over the activities of public authorities. The relevance of this topic has been steadily increasing due to the increasing influence of civil society on the decisions made by public authorities. The authors analyze the provisions of the Federal Law "On the basis of public control in the Russian Federation", the regional laws, to fix the foundations of social control in some subjects of the federation, as well as other legal acts in this area. Special attention is paid to the formulation of the concept of social control and the conclusion of the need legislative consolidation of the concept of "individual public authority 'and a common list of agencies and organizations that operate them. Analyzing the law enshrined in the range of subjects of public control, the authors substantiate the feasibility of incorporating the Advisory Board at the government and public experts. On the basis of the provisions of the law, in this work we have determined the legal status of the subjects of social control, their powers and procedures of the in collaboration with the authorities, as well as the legal framework for the implementation of certain forms of social control. It is proposed to expand the interaction of subjects of public control with prosecutors by holding regular meetings to expand the powers of public monitoring commissions for visiting places of detention
In this article some features of standard regulation of a legal status of public servants of civil department in the XIX century are considered. The author notes that legal status of the public servant is the main component of system of legal support of public service. In this regard, theoretical approaches to understanding of such category of law as "legal status" are investigated. The scientific and legal category "legal support" can be considered as in wide, and in a narrow sense. We suggest understanding such system of the social and legal elements able as legal support to influence formation of precepts of law and their practical realization. Modern scientific approaches to definition of the legal category "status" are characterized by sufficient different aspects; there is no unity of opinions that allows drawing a conclusion on difficult multicomponent system of elements of the status of public servants. Legal status of the public servant - the sphere of realization of the rights and duties, legitimate interests, legal responsibility, guarantees. The office legislation in the Russian Empire in details regulated features of legal status of public servants. We have prepared a massive layer of legal acts which was improved further and, in fact, in the changed form found the reflection and during the Soviet period of development of institute of public service in spite of the fact that as a result of revolution of 1917 all regulations were cancelled. Elements of legal status of public servants were accurately defined and designated: the rights, duties, guarantees, a ban and restrictions, legal responsibility that was absent at the legislative level earlier
In this article some features of standard regulation of duties of public servants in the XIX century are considered. The author investigates the problems of legislative providing the specified institute of the right. It's noted that in the Russian Empire the special attention was paid to the educational qualification of officials. In fact, education existence, during this period, was a duty for public servants. Even those persons who already served were obliged to get an education that certainly is a positive innovation. Thus, the educational qualification of officials of civil department was brought to the level of duties. Understanding the need of improvement of quality of public administration, the country leaders paid special attention to the questions of vocational training of future and working officials. For example, additional tests for officials of persons interested to receive higher position of a collegiate asessor or the state councilor were established. Increasing of education level of employees, elimination of low load of universities – the main objectives which were pursued. The author notes that conditionally the duty of public servants can subdivide into 2 types: the general duties concerning all categories of officials; the special duties established to certain officials. The special rights and duties of employees were established in departmental, local and bylaws. There was a more detailed study of the right of employees for the contents and provision of pensions. The concept of full material security of officials at the legislative level was successfully established by the state, but in practice the custom of "feeding" actively was implemented
In this article some features of legal regulation of the institute of public service are considered. The analysis of the norms of the service rights establishing the special administrative legal status of public servants is carried out. The author investigated the considerable list of the pre-revolutionary, soviet and modern legal literature devoted to topical issues of institute of public service. The main concept of this article is that the institute of public service is considered by us from a systemic position. For example, the content of the concept of "state position" from the point of view of both standard the contents, and opinions of representatives of the scientific doctrine is revealed. The author's definition of the legal category "state position" is offered. Besides, various concepts of understanding of the concept "public service" are presented in article. Thus the author paid attention to the fact that earlier in the domestic legislation there was no common opinion and standard establishment of the legal category of "public service". The main signs of the state position by the legislation of the Russian Empire are given in article. It is noted that in pre-revolutionary Russia legislators had identified the concepts of "public servant" and "official". This approach, according to the author, wasn't the advantage of the pre-revolutionary legislation, testifying to the low level of legislative equipment